Faizel Patel – 18/01/2021
Defence Attorney William Booth says police should not be arresting people for violating the COVID-19 lockdown regulations.
Booth was speaking to Radio Islam on Monday about the implications of violating the adjusted level three-lockdown protocols.
More than 20-thousand people have been arrested for breaching the new adjusted level 3 lockdown restrictions since it was announced on 28 December and later extended.
While most were linked to the prohibition of the sale and transport of alcohol, about seven thousand arrests were for failing to wear masks.
Booth says if a person has been arrested for violating the lockdown regulations, they should be issued with a warning notice.
“On the warning notice, an admission of guilt fine is usually fixed depending on the alleged contravention. That person can pay the admission of guilt fine or not pay it and obviously challenge the matter in court. If you pay and this is very important, if you pay the admission of guilt fine listed on the warning notice, that will mean you will have a criminal record.”
Booth has advised people consider their decision before paying the admission of guilt.
“My advice is to obviously not pay the admission of guilt, but take the matter to court and discuss the matter with the prosecutors with the view to possibly having the charges withdrawn or even diverting the case and not having a criminal record.”
Booth says Justice Minister Ronald Lamola announced a few months ago the possibility of amending the Criminal Procedure Act with regards to admission of guilt fines so that people do not have a criminal record when they pay the fine.
Listen to the interview with William Booth
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