| (1) |
At the commencement of an enquiry the prosecutor must: |
| (a) |
put the charge to the respondent and request the respondent to plead to the charge; or |
| (b) |
put a settlement agreement referred to in regulation 3(4)(eA) to the presiding officer. |
[Regulation 10(1) substituted by regulation 7 of Notice No. R. 753, GG 40091, dated 24 June 2016]
| (a) |
If the respondent pleads guilty and the presiding officer is satisfied that the respondent is, in accordance with the plea, guilty of the charge, the presiding officer must find the respondent guilty. |
| (b) |
No plea of guilty referred to in paragraph (a) may be accepted by the presiding officer from a representative of a security business unless the representative submits to the presiding officer a certified resolution or other adequate proof of the authorisation of the representative to plead guilty. |
| (c) |
A respondent may at any stage of the proceedings alter a plea of not guilty to a plea of guilty, whereupon paragraph (a) will apply. |
| (3) |
If the respondent tenders any plea other than a plea of guilty, or refuses or fails to tender a plea, or if the proceedings commence in the absence of a respondent as contemplated in regulation 9 and the respondent has not indicated that he or she offers a plea of guilty, the presiding officer must record that the respondent has pleaded not guilty and the enquiry will proceed in accordance with these regulations. |
| (a) |
Where a respondent tenders a plea of not guilty, or where the presiding officer records a plea of not guilty as contemplated in subregulation (3), the presiding officer may ask the respondent whether the respondent wishes to make a statement indicating the basis of the defence. |
| (b) |
Where the respondent does not make a statement contemplated in paragraph (a), or does so and it is not clear from the statement to what extent the respondent denies or admits the allegations in the charge sheet, the presiding officer may question the respondent in order to establish which allegations are in dispute. |
| (c) |
The presiding officer may in his or her discretion put any question to the respondent in order to clarify any matter raised under paragraph (a) or (b) and any admission by the respondent in terms of this subregulation will serve as prima facie proof of any matter covered by such admission. |
| (5) |
If the presiding officer is satisfied that a settlement agreement referred to in subregulation (1)(b) is appropriate having regard to all relevant circumstances, the presiding officer may make the settlement agreement an order of the enquiry. |
[Regulation 10(5) inserted by regulation 8 of Notice No. R. 753, GG 40091, dated 24 June 2016]
Copyright Act, 1978
