The summons is the process used to ensure the attendance of the accused at the Magistrates
1. There is no risk that the accused will abscond.
2. There is
S 35(3)(c): Every accused person has a right to a fair trial, which includes the right to a public trial before an
1. Open Justice: Who May Attend the Trial?
General principle: the conduct of criminal trials should take p
1.1 The Effect of Bail
Section 58: When bail is granted, an accused who is in custody shall be released from custody upon
payment of, or the furnishing of, a guarantee to pay the sum of money determined for his bail.
The accused must then
Criminal procedure is that branch of adjectival (formal) public law which regulates the procedure whereby
the rules and sanctions of criminal law are enforced. Substantive law comprises the legal rules that
Note, that when it comes to search, strict regard shall be had to decency and order. This means
that things like women searching women will be strictly enforced. When it comes to search and
seizure, there are two conflicting inter
In terms of s205 of the Constitution, one of the objects of the South African Police Service is to
investigate crime. Once the police become aware that a crime has been committed,
S35(3) of the Constitution: Every accused person has a right to a fair trial, which includes
the right(e) to be present, when being tried;
South African courts used to allow proceedings that could happen
Chapter 4 The right to legal assistance
The right to legal assistance is a fundamental legal right. This is closely connected to the doctrine
translated as hear the other side (audi alterum partem), as legal representation is typically
necessary for the C
Criminal law (and its adjectival form through criminal procedure) is an attempt to remove private vengeance
and place sanction in the hands of the state. Hence, the state shoulders the bur
1. Venue of the Court
For superior courts
o The venue of the court is fixed at the permanent seat of the provincial and local divisions.
o Lower court must sit at the places assigned by the President ito s 2 of the Mag Courts Act.
There are c
Should divide the proceedings in the trial court into 2 compartments:
1. The trial = only the portion of the proceedings during which the issues btwn the prosecution and the
accused are presented to the court.
2. Court delivers the verdict.
The CPA lays down certain rules of procedure which should be observed, but the trial is otherwise
subject to the management of the judicial officer presiding over it.
The concept of justice in its procedural sense is closely related to the
Assuming the accused has been found guilty: the court has the job of sentencing the accused.
In sentencing the court has to weight up many contradicting factors.
The judicial officer has to make a value judgment and determine how much weig
S 32: Access to information
S 35(3) every accused person has a right to a fair trial, which includes the right
(a) to be informed of the charge with sufficient detail to answer it.
1. Lodgement and Service of Indictments and Charge Sheets
1. Arraignment and General Principles
Term is not defined in Act.
Is defined by Gardiner & Lansdown as: The calling upon the accused to appear, the informing him of
the crime charged against him, the demanding of him whether he be guilty or not guilty and
Once the investigation into an offence has been completed and steps have been taken to ensure the
presence of the accused at the trial, the charges against the accused will be formulated and the trial will
A person charged with same offence or separate offences alleged to have been committed at the same
time and place, may be charged jointly in the same indictment.
Joinder may problematic:
a) For the prosecutor: no person can be compelled to
While the interim constitution of 1993 created 9 provinces, the areas of jurisdiction of the provincial and
local divisions of the Supreme courts were left unaltered. The names were only rec
The law attempts to protect persons and property, but in some instances, societies wider interests
in the combating of crime necessitate the limitation of these rights. It may, for instance, b
After sentence, then two options: review or appeal.
The right to review by the HC is a right that every person is entitled to s 35(4) of Con. That right is
part of right to a fair trial. So to have review is a conal right. This is subject to a numbe