| (1) |
The Minister may, in consultation with the National Director of Public Prosecutions and after consultation with the Cabinet member responsible for police and subject to subsection (2), by notice in the Gazette, declare any offence, category or class of offences, or offence committed in specified circumstances, in respect of which— |
| (a) |
an accused may pay a fine without appearing in court; and |
| (b) |
which fine is not recorded in the criminal record book for admission of guilt fines, as an offence or offences, as the case may be, that does not result in a previous conviction of an accused. |
| (2) |
For purposes of subsection (1), the following grounds and criteria must be considered to determine whether or not an offence may be declared as contemplated in subsection (1): |
| (a) |
The offence must be a statutory offence punishable with a fine, without or with an alternative sentence of imprisonment not exceeding six months in default of payment of such a fine; |
| (b) |
the offence must not— |
| (i) |
contain an element of violence; |
| (ii) |
involve the infliction of mental, psychological or physical harm on another person; |
| (iii) |
involve damage to property; |
| (iv) |
involve an element of dishonesty; |
| (v) |
involve cruelty to animals; |
| (vi) |
be an offence against the administration of justice; or |
| (vii) |
cause pecuniary or economic loss to another person; and |
| (c) |
a criminal record in respect of the offence in question cannot be regarded as an appropriate mechanism to encourage compliance with the law. |
[Section 57B inserted by section 10 of the Judicial Matters Amendment Act, 2023, Notice No. 4597, GG50430, dated 3 April 2024]
Statistics Act, 1999
