s.325Savings and transitional provisions
325
Section 325Part 12 — Attempts and Conspiracies to Commit Crimes and Accessories After the Fact

Savings and transitional provisions

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Where criminal proceedings are commenced before the 5th December 2016, the commencement date of the Penal Code (Amendment) Law, 2016 [Law 38 of 2016], and those proceedings later result in a default order being made after that date, the provisions of the Penal Code (2026 Revision) shall apply to those proceedings in respect of the default order.
Any matter or proceeding commenced in any court in relation to an accused person immediately before the 19th December, the date of the commencement of the Penal Code (Amendment) (No. 2) Law, 2018 [Law 27 of 2018], shall be continued, completed and enforced as if the Penal Code (Amendment) (No. 2) Law, 2018 [Law 27 of 2018] was not in force.
Where —
prior to the 19th December, 2018, the date of commencement of the Penal Code (Amendment) (No. 2) Law, 2018 [Law 27 of 2018], an accused person is convicted following a trial or a plea of guilty to an offence; and
at the 19th December, 2018, the date of commencement of the Penal Code (Amendment) (No. 2) Law, 2018 [Law 27 of 2018], no judgment or sentence has been passed upon the accused person in respect of the offence, the accused person shall, for the purpose of the judgment or sentence, be dealt with in all respects as if the Penal Code (Amendment) (No. 2) Law, 2018 [Law 27 of 2018] had not come into force.
Where, at the 19th December, 2018, the date of commencement of the Penal Code (Amendment) (No. 2) Law, 2018 [Law 27 of 2018], any trial is or any proceedings are pending in respect of an offence before a court, the trial or proceedings shall, after that date, be dealt with in all respects as if the Penal Code (Amendment) (No. 2) Law, 2018 [Law 27 of 2018] was not in force.
All proceedings pending at 29th December, 2022, the date of the commencement of the Penal Code (Amendment) Act, 2022 [Act 22 of 2022], in respect of offences committed or alleged to have been committed against sections 107 and 111 of the Penal Code (2026 Revision) and section 39 of the Summary Jurisdiction Act (2025 Revision) shall be continued and dealt with as if the Penal Code (Amendment) Act, 2022 [Act 22 of 2022] had not come into force.

Cross References

  • Section of Penal Codeexternal

    Penal Code (Amendment) Law, 2016 [Law 38 of 2016]

  • Section of Penal Codeexternal

    Penal Code (Amendment) (No. 2) Law, 2018 [Law 27 of 2018]

  • Section 107 of Penal Codeexternal

    Section 107 of Penal Code (2026 Revision)

  • Section 111 of Penal Codeexternal

    Section 111 of Penal Code (2026 Revision)

  • Section 39 of Summary Jurisdiction Act

    Section 39 of Summary Jurisdiction Act (2025 Revision)

  • Section of Penal Codeexternal

    Penal Code (Amendment) Act, 2022 [Act 22 of 2022]