Section 9: Right of appeal
consolidated text (as at 2009, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
9. Right of appeal
(1) In every case where a person in respect of whom a probation order
has been made by a Court, other than the Supreme Court, did not plead
guilty or admit the truth of the information, that person shall have a right of
appeal against the order to the Supreme Court and the District and Intermediate Courts (Criminal Jurisdiction) Act shall, with such adaptations and
modifications as the context may require, apply to those appeals.
(2) On the hearing of an appeal or of a case stated, the Supreme Court
shall have, in addition to the powers exercisable in virtue of the District and
Intermediate Courts (Criminal Jurisdiction) Act, the power of amending any
condition or requirement contained in the probation order.
(3) On the hearing of an appeal or a case stated, the Supreme Court may
exercise the powers as to the probation of the offender which are by this
Act vested in the Court hearing the original charge.
[S. 9 amended by s. 9 of Act 11 of 2009 w.e.f. 1 October 2010.]
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Questions this section answers
- Can I appeal a probation order to the Supreme Court if I didn't plead guilty?