Namibia

Criminal Procedure Act, 2004

CHAPTER 34
SENTENCE

Declaration of certain persons as habitual criminals

315. (1) Subject to subsection (2), the High Court or a divisional court that convicts a person of one or more offences, may, if it is satisfied that that person has previously been convicted and sentenced to imprisonment on more than five occasions for any offence, and that the community should be protected against that person, declare that person a habitual criminal in addition to the imposition of any other punishment for the offence or offences of which he or she is so convicted.

(2) No person may be declared a habitual criminal -

(a) if that person is under the age of 18 years ; or
(b) if in the opinion of the court the offence warrants the imposition of a punishment that by itself or together with any punishment warranted or required in respect of any other offence of which the accused is simultaneously convicted, would entail imprisonment for a period exceeding 15 years.

(3) A person declared a habitual criminal must be dealt with in accordance with the laws relating to prisons.

Keywords

Recidivism of criminal offences



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