The Criminal Procedure Act 51 of 1977 is the most applicable legislation relating to traffic fines and the circumstances under which a motorist will acquire a criminal record. This Act is in use in the vast majority of jurisdictions in South Africa and according to the Criminal Procedure Act all traffic offences are regarded as criminal offences.

It is imperative to take note that once a criminal record has been incurred due to a traffic offence, such a criminal record will be recorded against the name and national identity number of the offender and remains indefinitely on the SAPS criminal record database. In addition, the criminal record remains in force eternally, yes you have read correctly, for a very long seemingly endless time, unless the offender approaches the High Court to have the conviction overturned or make an application to have it expunged after ten years have elapsed.

Now that you are aware of the seriousness of incurring a criminal record as a result of a traffic offence, we will advise you of the circumstances under which such a criminal record can be conferred upon on an offender in terms of the Criminal Procedure Act.

Various stages of traffic violations

The Criminal Procedure Act has various stages in terms of traffic violations and the process therewith. When a traffic violation is committed and the alleged offender is not present when the notice in terms of s341 of the Criminal Procedure Act is issued, for example, in instances of parking violations or speeding fines, etc. then a notification of intention to prosecute is made out to the registered owner of the relevant vehicle and sent via ordinary post to the registered owner’s address which is recorded on the ENATIS. This notice informs the recipient that they may pay an admission of guilt fine within a specified timeframe and failing to do so will lead to a summons being issued against the alleged offender.

If the alleged offender intends paying the admission of guilt fine, it is advisable to do so at the stage where it is still a s341 notice. If the offender makes payment only once the summons is served, he or she will incur a criminal record.

If a notice in terms of s341 of the Criminal Procedure Act is not paid within the allotted time frame, then a summons will be issued and served in person or if the person named therein cannot be found, it may be delivered at his residence or place of employment or business to a person over the age of 16 years and residing or employed there, 14 days prior to the court date appointed [excluding Sundays and public holidays] in accordance with s54 of the Criminal Procedure Act. Should the alleged offender fail to appear in court on the date specified in the summons, he or she will be in contempt of court and a warrant of arrest will be issued.

In terms of s57 of the Act should an alleged offender elect to pay the admission of guilt fine on a summons issued in terms of s54 of the Act a criminal record will be registered against such offender’s name and ID number.

Beware of this type of summons

Another type of summons is that issued in terms of s56 of the Act wherein if an alleged offender is stopped by a traffic officer and handed a summons, which contains a court date, time and place as well as a date before which the penalty value of the admission of guilt fine can be paid. It is here where the alleged offender should exercise extreme caution in deciding whether or not to pay this admission of guilt fine because payment of such fine results in a criminal record being registered in terms of s57 of the Act.

Should the alleged offender ignore the summons and fail to appear in court on the date specified therein, a warrant of arrest will be issued and can be executed at any time or at any place.

In conclusion, a criminal record can easily be incurred by failing to abide by traffic laws and can have detrimental consequences.

Article by AA.