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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 33 : General Provisions

337. Estimating age of person

 

If in any criminal proceedings the age of any person is a relevant fact of which no or insufficient evidence is available at the proceedings, the presiding judge or judicial officer may, in addition to the provisions of sections 14 to 16 of the Child Justice Act, 2008, estimate the age of such person by his or her  appearance or from any information which may be available, and the age so estimated shall be deemed to be the correct age of such person, unless—

(a) it is subsequently proved that the said estimate was incorrect; and
(b) the accused at such proceedings could not lawfully have been convicted of the offence with which he was charged if the correct age had been proved.

 

[Section 337 substituted by section 99(1) of Act No. 75 of 2008]