Terrorism Act, 1967/1969-04-09

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as amended by

Abolition of Juries Act, No. 34 of 1969

5. Notwithstanding anything to the contrary in any law or the common law contained—

any person charged in the Republic with having committed an offence under this Act, shall be tried before a superior court;

the trial of any person accused of having committed any offence under this Act may, subject to the provisions of section 4, be held at any time and at any place within the area of jurisdiction of the division of the Supreme Court of South Africa concerned;

whenever two or more persons are in any indictment, summons or charge alleged to have committed, whether jointly or severally, offences under this Act, such persons may be tried jointly for such offences on that indictment, summons or charge;

any person accused of having committed an offence under this Act shall be tried summarily without a preparatory examination having been instituted against him;

the procedure prescribed by law in respect of a criminal trial in a magistrate’s court shall mutatis mutandis apply in respect of the trial of any such person before plea;

no person detained in custody on a charge of having committed an offence under this Act, shall be released on bail or otherwise, before sentence has been passed or he has been discharged, unless the attorney-general consents to his release;

no person shall on trial for or conviction of an offence under this Act be dealt with under section 159, 342, 345 or 352 of the Criminal Procedure Act, 1955 (Act No. 56 of 1955), or the corresponding provisions of the Criminal Procedure Ordinance, 1963 (Ordinance No. 34 of 1963), of the territory;

acquittal on a charge of having committed an offence under section 2 shall not preclude the arraignment of the person acquitted on any other charge arising out of the acts alleged in respect of the charge of such offence.