File Name: south african criminal law and procedure .zip
South African Journal of Criminal Justice, 23 3. ISSN This article will focus on witness anonymity as a tool to encourage the reporting of criminal activities and criminal victimisation by victims and other witnesses, and as a mechanism to ensure that witnesses in criminal proceedings are duly protected. Repository Staff Only: item control page.
The Constitutional validity of search and seizure powers in South African criminal procedure. Vinesh Basdeo. This article is based on a Masters dissertation submitted by the author for the completion of the Master of Laws at the University of South Africa, Pretoria. An important part of crime investigation is the obtaining of evidence through the search and seizure of persons and things. It is a necessary incident to democracy that citizens must be protected from unjustified intrusions of privacy and property by agents of the state. Otherwise, arbitrary state actions could severely affect the personal freedom and associated fundamental rights that are intended to be a predominant feature of democratic society.
Your task could be made a lot easier by using one of the commercial enterprises that provide consolidated versions of legislation, amongst whom are:. The services above vary in just how up to date they are with the currently applicable legislation, but share one thing in common. Section 50 of the Criminal Procedure Act prescribes the procedure after arrest and is very specific about the period within which an arrested person must be brought before a lower court for a bail application to be made. This period is no longer than 48 hours from their arrest weekends and public holidays excluded. This provision links back directly to Section 35 of the Constitution of the Republic of South Africa, and whilst there are exceptions with respect to granting bail, the requirement for an arrested person to be brought before a lower court within 48 hours is non-negotiable. It does not follow that the higher the Schedule number in the Criminal Procedure Act, the more serious the crime is considered to be. Schedule 5 - Sections 58 and 60 11 and 11A and Schedule 6.
Criminal procedure in South Africa refers to the adjudication process of that country 's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law , is applied. It has its basis mainly in English law. When the British occupied the Cape permanently in , they retained the Roman-Dutch legal system. They concluded, however, that the criminal justice system was archaic, and so introduced one based on their own in It has been developed over the years to suit local conditions. The South African system today is basically accusatorial: that is, the state accuses and the accused defends.
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Section 49 of the South African Criminal Procedure Act 51 of , provides police Burchell South African Criminal Law & Procedure 8 downloads/foi/log/mydowntownsmyrna.org date of use: 5 April Metropolitan Police Authority.
Abduction consists in unlawfully taking a minor out of the control of his or her custodian with the intention of enabling someone to marry or have sexual intercourse with that minor. Arson is the unlawful and intentional setting fire to an immovable property belonging to another. Assault with intent to cause grievous bodily harm.
View Criminal Law Cap 1 and 2.
Since 27 April , the Department of Justice and Constitutional Development has promoted Bills, which have been enacted by Parliament. In the Department promoted 5 Bills, 12 in , 16 in as well as in and , 3 in election year , 7 in , 10 in , 14 in , 8 in and 1 in This is an average of about 11 Bills per year.
Parliament is the national legislature law-making body of South Africa. As such, one of its major functions is to pass new laws, to amend existing laws, and to repeal or abolish cancel old laws. This function is guided by the Constitution of South Africa, which governs and applies to all law and conduct within South Africa. Law is a system of rules, usually enforced through a set of institutions to regulate human conduct.
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