What is Section 112 of the Criminal Procedure Act?
Section 112 of the Criminal Procedure Act 51 of 1977 (the CPA) deals with pleading guilty at summary trial and the circumstances, which demand for the matter to be heard before the court.
What is a section 112 2 statement?
“Section 112(2) requires that the statement must set out the facts which he admits and on which he has pleaded guilty. Legal conclusions will not suffice. The presiding officer can only convict if he or she is satisfied that the accused is indeed guilty of the offence to which a guilty plea has been tendered.
What happens when there is a guilty plea?
If you plead guilty, you could receive a penalty, such as a fine, a good behaviour bond, or for more serious crimes, a prison sentence or intensive corrections order. You could also lose your licence and get a criminal record (there are some exceptions to this).
What are the 4 types of pleas?
There are 4 types of pleas a person can enter into at an arraignment: not guilty, guilty, nolo contendere and not guilty by reason of insanity.
What kind of proof is needed for a conviction in South Africa?
At common law, the onus is on the State to prove beyond reasonable doubt that statement was made freely and voluntarily.
Can you change plea from guilty to not guilty?
Where a defendant has pleaded guilty, the court has a discretion to allow a change to a plea of not guilty at any stage of the proceedings up to and including sentence, although this discretion should be exercised sparingly, and rarely where the original plea was unequivocal and the defendant was represented at the …
Can you change your plea from guilty to not guilty South Africa?
Can I change my plea from guilty to not guilty? You can apply to change your plea from guilty to not guilty at any time up until you are sentenced. However, you must have a very special case (“exceptional circumstances”) for the court to approve this.
Can you reverse a guilty plea?
Generally speaking, once a defendant pleads guilty to a criminal charge, the terms of the agreement are binding and defendants cannot reverse the plea deal just because they change their mind.
Why is it called an Alford plea?
The Alford guilty plea is named after the United States Supreme Court case of North Carolina v. Alford (1970). Had he pleaded guilty to first-degree murder, Alford would have had the possibility of a life sentence and would have avoided the death penalty, but he did not want to admit guilt.