Close This website uses modern features that are not supported by your browser. Click here for more information.
Please upgrade to a modern browser to view this website properly. Google Chrome Mozilla Firefox Opera Safari
your legal news hub
Sub Menu
Search

Search

Filter
Filter
Filter
A A A

Admission of guilt – permanent criminal record or not?

Publish date: 10 December 2018
Issue Number: 803
Diary: IBA Legalbrief Africa
Category: General

Years after a roadside instant grass seller paid a R500 admission of guilt fine, he was refused a police clearance certificate because of his continuing criminal record. This lost Lloyd Madhinha his chance to become an Uber driver but he then took action, asking the court to set aside his earlier ‘conviction and sentence’. As Carmel Rickard writes in her A Matter of Justice column on the Legalbrief site, this gave a full Bench of the High Court the chance to examine the status of admission of guilt payments under section 57 the Criminal Procedure Act. The court concluded that the records of such ‘convictions’ were not permanent, and that the police were misusing the system by putting pressure on an accused to admit guilt and pay the stipulated fines. The judgment also urged that the National Commissioner of Police become involved in curbing this practice.

State v Lloyd Madhinha

A Matter of Justice

We use cookies to give you a personalised experience that suits your online behaviour on our websites. Otherwise, you may click here to learn more, or learn how to block or disable cookies. Disabling cookies might cause you to experience difficulties on our website as some functionality relies on cookie information. You can change your mind at any time by visiting “Cookie Preferences”. Any personal data about you will be used as described in our Privacy Policy.