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AI summary
The Western Cape High Court reviewed a magistrates' court matter about two accused who failed to appear, after which bail was provisionally cancelled and bail money provisionally forfeited. The court said the magistrate erred by imposing a sentence after the section 67 enquiry, and set aside the sentence imposed in respect of accused two.
This appears to concern how section 67 bail enquiries are dealt with and the recording of later bail-related rights for unrepresented accused.
Evidence from source
This matter is placed before this Court for review in terms of section 304(4) of the Criminal Procedure Act 51 of 1977 (the CPA).
Supports: The matter is a High Court review under the CPA.
the magistrate realised that the proceedings should not have proceeded beyond the confirmation of the cancellation and forfeiture in terms of section 67 of the CPA and referred it to this court for review.
Supports: The magistrate proceeded too far after the section 67 enquiry.
The sentence imposed in respect of accused two is set aside.
Supports: The court set aside the sentence.