The legal effects of payment of an admission of Guilt fine in South Africa

Abstract

A person should at all times try to avoid the blemish of a previous conviction and a criminal record entered against his name. A criminal record entered against his name could have detrimental consequences for an individual. An accused is usually aware of this if he is involved in a trial and is thereafter convicted and sentenced. However, the same result could occur where a person paid an admission of guilt fine. Such a person could be aware that he has attained a record, but it could also be that a payee1 of a fine is very unaware that he has attained a criminal record that is entered against his name. This study focusses on the legal consequences of the payment of such an admission of guilt fine and will endeavour to investigate the remedies available to an uninformed payee of such fines.