Swaziland report / Commonwealth Relations Office.

  • Great Britain. Office of Commonwealth Relations
Date:
[1960]
Catalogue details

Licence: Public Domain Mark

Credit: Swaziland report / Commonwealth Relations Office. Source: Wellcome Collection.

    73/124 page 61
    with a cane may be imposed. A Subordinate Court of the Second Class may impose sentences of imprisonment not exceeding one year with, or without, hard labour, or a fine not exceeding one year with, or without, hard labour, or a fine not exceeding fifty pounds, or both such imprisonment and fine. A whipping, not exceeding eight strokes, with a cane may be imposed in certain cases and subject to certain safeguards. The maximum sentence which a Subordinate Court of the Third Class may impose is a term of imprisonment not exceed¬ ing six months, with or without, hard labour, or a fine of up to twenty-five pounds, or both such imprisonment and fine. It may not impose a sentence of corporal punishment. The Attorney-General may remit a case (not being treason, murder, sedition or an offence relating to coinage or currency) to a Subordinate Court for trial with, or without, increased jurisdiction after the holding of a preparatory examination. When so remitted with increased jurisdiction, the powers of punishment for a Court of the First Class are increased to a maximum term of imprisonment of two years and a maximum fine of one hundred pounds. There is no remittal to a Subor¬ dinate Court of the Third Class. All sentences imposed in criminal cases by Subordinate Courts of the First Class, in which the punishment imposed exceeds six months’ imprison¬ ment or a fine of more than fifty pounds, are subject to automatic review by the High Court. Sentences imposed by Courts of the Second and Third Class are also subject to automatic review by the High Court when the punishment imposed exceeds three months’ imprisonment or a fine exceed¬ ing twenty-five pounds. All other sentences imposed by a Third Class Court are subject to review as of course by an officer appointed to hold a First Class Subordinate Court in the district in which the Third Class Court is situate. During 1960, there were 4,462 criminal trials in the Subordi¬ nate Courts involving 5,047 persons, of which 4,264 were males and 783 were females. Included in this total number of persons were 323 juveniles, under 18 years of age, who mostly appear¬ ed on charges of theft. The total comprised 294 Europeans, 4,660 Africans, 1 Indian and 92 Eurafricans. The nature and numbers of all the charges brought in the Subordinate Courts together with their outcome, are tabled below:— Offences. Totals Convic¬ tions. Acquit tals. Against Lawful Authority Public Violence . -- — ■ Perjury . Escaping from Prison or 1 — 1 Police Custody . 67 65 2 Resisting Arrest . Obstructing or defeating 12 12 — the course of justice 22 18 4
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