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Criminal procedure in South Africa From Wikipedia, the free encyclopedia Jump to: navigation , search 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 . Contents [ hide ] 1 History 2 Sources 3 Stages 4 Child Justice Act 5 Methods of getting an accused to court o 5.1 Arrest 5.1.1 Warrant 5.1.1.1 Without warrant 5.1.1.2 With warrant 5.1.2 After arrest 6 Bail
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o 6.1 When the interests of justice do not permit release on bail 6.1.1 Public or individual safety 6.1.2 Evasion of trial 6.1.3 Influence or intimidation of witnesses 6.1.4 Undermining criminal justice system 6.1.5 Public order o 6.2 When the onus is on the accused 6.2.1 Proof that offence is a Schedule 5 or 6 offence 6.2.2 Duty to disclose information regarding previous convictions o 6.3 Record o 6.4 Docket o 6.5 Constitutionality o 6.6 Conditions o 6.7 Heads of prisons o 6.8 Appeals o 6.9 Failure of accused to observe conditions of bail o 6.10 Failure of accused to appear o 6.11 Criminal liability for failure to appear or failure to observe a condition of bail o 6.12 Cancellation of bail in circumstances other than sections 66 and 67 o 6.13 Release on warning in lieu of bail 7 Bail pending appeal 8 Ascertainment of bodily features
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o 8.1 Constitutionality o 8.2 In practice 8.2.1 Identity parades 9 Charges 10 Amendment of charges 11 Plea of guilty o 11.1 Basic rules governing questioning 12 Plea of not guilty 13 After plea o 13.1 Separation of trials 14 Contested trial 15 Sentence o 15.1 Types of sentence o 15.2 Cumulative or concurrent sentences o 15.3 Postponement and suspension of sentences o 15.4 Minimum sentences o 15.5 Compensation orders 16 Criminal appeals from lower courts o 16.1 Powers of court on appeal 17 Review from proceedings in magistrate's court o 17.1 Automatic review o 17.2 Powers of court on review
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o 17.3 Special review o 17.4 Review before sentence o 17.5 Section 307 o 17.6 Review in terms of section 24 of Supreme Court Act 18 Prosecution of crime o 18.1 Private prosecution 18.1.1 By a private individual 18.1.1.1 Nolle prosequi certificate 18.1.1.2 Procedural issues 18.1.2 In terms of section 8 o 18.2 Structure of State prosecuting authority [409] 18.2.1 Ethics 18.2.2 Opening a docket o 18.3 Withdrawal or stopping of prosecution [424] o 18.4 Prosecution within reasonable time, and prescription 18.4.1 CPA s 18 18.4.2 Constitution s 35(3)(d) 18.4.2.1 Sanderson v Attorney-General, Eastern Cape 18.4.2.1.1 Nature of the prejudice 18.4.2.1.2 Nature of the case 18.4.2.1.3 Systemic delay 18.4.2.1.4 Value judgment
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18.4.2.1.5 Permanent stay of prosecution 18.4.2.2 Wilde v Hoffert 18.4.2.3 S v Van Der Vyver 18.4.2.4 Broome v DPP, Western Cape 18.4.2.5 McCarthy v Additional Magistrate, Johannesburg 18.4.3 CPA s 342A 19 Search and seizure o 19.1 What may be searched and seized?
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