Written by: Dionne Jackson
26 September 2024
 The Hidden Risks Of Paying An Admission Of Guilt Fine: What You Need To Know.
Imagine being accused of a minor offence and offered the option to pay a fine to avoid the hassle of a drawn-out court trial. This seems like a quick and simple solution, doesn’t it? Unfortunately, paying an admission of guilt fine can have detrimental long-term consequences that most people are blissfully unaware of. While paying an admission of guilt fine may seem like a convenient way to stay out of court, the repercussions of paying such a fine can be far-reaching and costly, both emotionally and financially. Burger Huyser Attorneys is here to shed light on the little-known facts surrounding this complex topic, ensuring you make informed decisions that safeguard your future.
 What Is An Admission Of Guilt Fine?
Paying an admission of guilt fine allows an accused person to admit to committing an offence and pay a fine instead of going through a court trial. This process is outlined in the Criminal Procedure Act 51 of 1977 and is designed to resolve less serious offences quickly. While it may seem like an efficient way to conclude a matter, there are many factors one should consider before considering paying an admission of guilt fine.
 How Does The Law In South Africa Treat Admission Of Guilt Fines?
 The rules governing admission of guilt fines are detailed in Sections 57 and 57(A) of the Criminal Procedure Act. Here’s how they work:
- Section 57: Allows an accused person to pay a fine without appearing in court. This is typically used for less serious offences where a trial is unnecessary.
- Section 57A: Enables an accused person to pay a fine even after appearing in court, provided they have not entered a plea. This option avoids further court dates.
These sections aim to streamline legal processes but can result in unintended consequences if not approached carefully.
 When Can You Pay An Admission Of Guilt Fine?
An admission of guilt fine can be paid in several circumstances:
- Before Appearing in Court: If a police officer issues a written notice under Section 56 of the Criminal Procedure Act 51 of 1977, you can pay the fine without attending court. This often applies to minor infractions, such as violating lockdown regulations or committing minor traffic offences, with fines typically not exceeding R5,000.
- After a Court Appearance: Even if you’ve appeared in court but haven’t entered a plea, the public prosecutor may offer the option to pay an admission of guilt fine. This is common in cases where a trial would be overly time-consuming for a minor offence.
While paying such a fine might seem convenient, the consequences can be far-reaching.[1] [2]Â
 What Happens If You Pay An Admission Of Guilt Fine?
Paying an admission of guilt fine has serious implications, including:
- Criminal Record: Paying an admission of guilt fine is an actual admission of guilt, which results in you having a criminal record. The magistrate’s court logs the fine in the criminal record book, which can have long-term consequences.
- Impact on Employment and Travel: A criminal record can hinder your ability to secure employment, especially in fields that require a clean record. It may also affect your ability to travel, as some countries deny visas to individuals with criminal histories.
- Recording on SAP69: The offence is documented on your SAP69 record, which lists a person’s previous convictions. While the offender’s fingerprints may not always be taken, the offence will remain on their record, potentially causing issues in the future.
Are There Fines That Won’t Lead To A Criminal Record?
Fortunately, not all fines result in a criminal record. Here are two exceptions:
- Road Traffic Offences: Fines paid under the Administrative Adjudication of Road Traffic Offences Act (AARTO) 46 of 1998 do not create a criminal record. For example, paying a speeding ticket won’t have long-term consequences.
- Section 341 Notices: These notices allow you to pay a fine within 30 days without facing prosecution. No criminal record will be created as long as the fine is paid on time.
Understanding the distinction between the fines mentioned above and admission of guilt fines can help you avoid unintended repercussions.
What Are The Legal Risks Of Paying An Admission Of Guilt Fine?
Many individuals pay admission of guilt fines without fully understanding their implications, often due to pressure from law enforcement or a desire to avoid court. However, this can backfire. For instance, in Mong v. Director of Public Prosecutions, the applicant paid an admission of guilt fine for possessing dagga, only to later discover it resulted in a criminal record. The court ultimately set aside his conviction because he had not been informed of the full consequences. This case underscores the importance of seeking legal advice before paying an admission of guilt fine. A seemingly minor decision can lead to far-reaching and difficult-to-reverse consequences.
Can You Get Your Criminal Record Cleared After Paying the Fine?
If you’ve paid an admission of guilt fine and now face the challenges of a criminal record, there are options to explore:
- Expungement: You can apply for expungement after a specific period, but this process can be complex and often requires legal assistance.
- High Court Application: If you were unaware that paying the fine would result in a criminal record, you may approach the High Court to have the conviction set aside. However, this is a lengthy and costly process with no guarantees.
- Presidential Pardon: A presidential pardon, granted under Section 84(2)(j) of the Constitution, offers relief to individuals with a criminal record, including those resulting from paying an admission of guilt fine. This process can expunge a record, but it requires a formal application and often legal assistance.
Consult With Criminal Lawyers When Dealing with Paying An Admission Of Guilt Fine
Paying an admission of guilt fine might seem like the quickest way to resolve a minor offence without going to court, but it is not without significant consequences. A criminal record can affect your employment prospects, travel opportunities, and more. Before deciding whether or not to pay an admission of guilt fine, ensure you understand the potential outcomes and consult a lawyer if needed.
Always consult with legal experts or specialist criminal lawyers who can assess your circumstances and guide you toward the best course of action before paying an admission of guilt fine to avoid court. At Burger Huyser Attorneys, we specialise in protecting your rights and ensuring you avoid unnecessary complications. Contact us today for expert advice and assistance—because making an informed choice today can save you from regret tomorrow.
Contact Burger Huyser Attorneys, and book a consultation. To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:
Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;
Centurion call 061 516 7117; Alberton callÂ
DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE
