Scenario: A year ago, my husband was arrested after being in a bar fight which, admittedly, was his fault. After being taken to the police station he was informed by the police that he could pay an admission of guilt fine and we could then be on our way.
We paid it and thought nothing more of it. He recently applied for new job but was declined due to him having a criminal record which, we believe, was as a result of the admission of guilt fine.
- What are the consequences of paying an admission of guilt?
The SAPS may offer an arrested person the option of paying an admission of guilt fine, but only if the person has been arrested for a less serious offence.
We will not list all of these offences in this article, but you are welcome to contact us for the information. This fine is paid before the accused appears in court but has the effect of creating the impression of an easy out.
Arrested persons are often advised to pay admission of guilt fines after they had been arrested for a minor offence, thinking that’s the end of the road and they can bury that experience in the closet.
A few months later, when least expected, it appears they have a criminal record.
When one is faced with either paying a fine, or spending a night behind bars, most would take the knock and part with a few hundred rands.
However, once the local police have taken your fingerprints and you have appeared in court for the offence, and elect to pay an admission of guilt fine, the offence reflects against your name as a criminal record.
It is against the law to force an accused to pay an admission of guilt fine, as well as to create the impression that should an accused not pay the fine, he will be denied bail.
As soon as a suspect’s fingerprints have been taken and a formal police docket has been opened, a person will get a criminal record should he pay the admission of guilt fine.
If a criminal record arises from paying an admission of guilt fine, the criminal record will be valid for 10 years, which naturally has serious implications.
If the admission of guilt appears on a person’s SAP69 (criminal record), this could have major implications for the individual who may have trouble getting a visa to travel or work overseas, struggle to successfully apply for a firearm licence or to get a job.
The alternative option is to bring an application to expunge the criminal record from your name.
The Western Cape High Court in State v Parsons 2013 (1) SACR 38 considered the issue of a person who had paid an admission of guilt fine and who was unaware of the implications of doing so.
The court granted the application by the accused and set aside the admission of guilt on the basis that the person had not been properly advised that should he pay the admission of guilt he would obtain a criminal record.
That of course does not mean that the person gets off with a slap of the wrist. What that means is that the person would now have to appear in court afresh on the charges and would now have to contest the charges brought against him by the State.
There is a place for admissions of guilt, and they do serve the purpose of lightening the burden on our courts but it’s always advisable to first contact your attorney for advice before making any admissions of guilt, especially considering the serious consequences it holds.
Should you require any further information on this topic you are welcome to contact our offices on 011 897 1900 or info@tuckers.co.za.
Article contributed by Stacey Bonser of Tuckers Inc.
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