Criminal procedure : recent cases

Abstract

A summons or a written notice to appear in court may provide for the payment of an admission of guilt fine by the accused (s 57(1) of the Criminal Procedure Act 51 of 1977). Upon payment of such a fine the accused is, subject to judicial scrutiny by a magistrate, deemed to have been convicted and sentenced by the court in respect of the offence in question (ss 57(6) and 57(7) of the Criminal Procedure Act). In S v Mutobvu 2013 (2) SACR 366 (GNP) the review court set aside an admission of guilt fine in circumstances where the accused was unaware of the consequences of paying such a fine, being deemed to have been convicted and sentenced by the court in respect of the offence.