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Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)

Chapter 7 : General Provisions

Part 5: Transitional provisions

69A. Removal of particulars from Register and expungement of certain criminal records under the Sexual Offences Act, 1957, and this Act

 

(1)

(a) Where a court has convicted a person of any of the offences referred to in paragraph (b), the—
(i) particulars of that person in respect of that offence must be removed automatically from the Register by the Registrar; and
(ii) criminal record, containing the conviction and sentence in question, of that person in respect of that offence must be expunged automatically by the Criminal Record Centre of the South African Police Service,

as provided for in subsection (2).

(b) The offences contemplated in paragraph (a) are the following:
(i) A contravention of section 14(1)(a) or 14(3)(a) of the Sexual Offences Act, 1957 (Act No. 23 of 1957), if the convicted person was 16 years or younger at the time of the commission of the offence;
(ii) a contravention of section 14(1)(b), 14(1)(c), 14(3)(b) or 14(3)(c) of the Sexual Offences Act, 1957, if the convicted person was 19 years or younger at the time of the commission of the offence; and
(iii) a contravention of section 15 or 16 of this Act if the convicted person was 12 years or older, but under the age of 16 years at the time of the commission of the offence.

 

(2)

(a) The—
(i) Registrar must remove the particulars from the Register; and
(ii) head of the Criminal Record Centre of the South African Police Service or a senior person or persons at the rank of Director or above, employed at the Centre, who has or have been authorised, in writing, by the head of the Centre to do so, must expunge the criminal record of a person,

if that person qualifies for the automatic removal of his or her particulars from the Register, and the automatic expungement of his or her criminal record, as provided for in subsection (1).

(b) The—
(i) Registrar must, on the written request of a person who qualifies to have his or her particulars removed automatically in terms of subsection (1), in writing, confirm that the particulars in question have been removed; and
(ii) head of the Criminal Record Centre of the South African Police Service must, on the written request of a person who qualifies to have his or her criminal record expunged automatically in terms of subsection (1), in writing, confirm that the criminal record in question has been expunged.

 

[Section 69A inserted by section 11 of Act No. 5 of 2015]