Criminal Procedure CPR3701 501 2019 3 b. Tutorial Letter 501/3/2019 Criminal Procedure CPR3701 Semesters 1 and 2 Department of Criminal and Procedural Law

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. INTRODUCTION AND GENERAL ORIENTATION . PURPOSE AND OUTCOMES . Purpose . Outcomes . HOW TO USE THIS GUIDE . Prescribed books . Structure of study guide . Structure of the study units ... . Use of gender . A note on case references . Hints for studying this module SECTION A – A SURVEY OF THE FOUR PHASES OF THE CRIMINAL PROCESS I. SURVEY OF THE FOUR PHASE OF THE CRIMINAL PROCESS II. PRE-TRIAL PHASE . THE PLACE OF THE LAW OF CRIMINAL PROCEDURE IN THE LEGAL SYSTEM . CRIME CONTROL AND DUE PROCESS . CONSTITUTIONAL CRIMINAL PROCEDURE . ACCUSATORIAL AND INQUISITORIAL PROCEDURES AND A BRIEF HISTORY OF SOUTH AFRICAN CRIMINAL PROCEDURE . SOURCES OF SOUTH AFRICAN CRIMINAL PROCEDURE . REMEDIES . STRUCTURE AND COMPOSITION OF THE PROSECUTING AUTHORITY . PRIVATE PROSECUTIONS . THE DUTY OF A POLICE OFFICER TO INFORM A PERSON OF THE RIGHT TO LEGAL REPRESENTATION DURING THE PRE-TRIAL PHASE . THE DUTY OF A PRESIDING OFFICER TO INFORM A PERSON OF THE RIGHT TO LEGAL REPRESENTATION DURING CRIMINAL PROCEEDINGS . EXCEPTIONS . Absence owing to misconduct CPR/ . Several accused . Evidence by means of closed-circuit television . Admission-of-guilt fines . Absence of an accused during an inquiry into the accused’s mental capacity . OBJECTIVITY AND UNLAWFUL CONDUCT . WHICH METHOD SHOULD BE USED TO ENSURE THE ACCUSED’S PRESENCE IN COURT? . INDICTMENT, SUMMONS, WRITTEN NOTICE TO APPEAR . ARREST . METHODS OF GAINING INFORMATION . Interrogation . The prosecuting authority . INTERCEPTION AND PRIVATE COMMUNICATIONS . DETERMINING BODILY CHARACTERISTICS . SEARCH AND SEIZURE WITH A WARRANT . SEARCH AND SEIZURE WITHOUT A WARRANT . THE PURPOSE OF SEARCH WARRANTS AND THE DISCOVERY OF OBJECTS DURING A SEARCH . DISPOSAL AND FORFEITURE OF SEIZED ARTICLES . BAIL . Introduction . Constitutionality of or ratio for the existence of bail . When is bail not in the interests of justice? . Are there other methods of release besides bail? . What is the practical meaning of bail? . Who grants bail? . Bail on account of prison conditions . SUMMARY TRIALS . Pre-trial investigations . The nature of pre-trial investigations . The purpose of pre-trial investigations . THE DIFFERENCE BETWEEN PREPARATORY EXAMINATIONS, SUMMARY TRIALS AND OTHER PRE- TRIAL INVESTIGATIONS . Preparatory examinations, summary trials . Preparatory examinations and abridged/mini preparatory examinations III. TRIAL PHASE . PHASE TWO: THE TRIAL . The plea stage . The state’s case . The case for the defence . Addressing the court . Judgment by the court IV. PHASE THREE: SENTENCING . PHASE THREE: SENTENCING . The role of the prosecutor . The rights of the accused . The duty of the court V. PHASE FOUR: POST-TRIAL REMEDIES . PHASE FOUR: POST-TRIAL REMEDIES AFTER CONVICTION AND SENTENCING . Rights of the accused . Legal remedies after conviction and sentencing SECTION B – GUIDE TO THE HANDBOOK PHASE ONE: PRE-TRIAL PROCESS PHASE TWO: TRIAL PROCESS . HOW IS THE ACCUSED INFORMED OF THE ALLEGATIONS AGAINST HIM? . HOW ARE ERRORS OR DEFECTS IN THE CHARGE SHEET CORRECTED? . MAY SEVERAL ACCUSED BE CHARGED TOGETHER? CPR/ . MAY ADDITIONAL ACCUSED PERSONS AND CHARGES BE ADDED AT ANY STAGE OF THE TRIAL? . COMPOSITION OF THE COURT . IMPARTIALITY AND FAIRNESS OF PRESIDING JUDICIAL OFFICERS . ARRAIGNMENT OF THE ACCUSED . PLEA BARGAINING . PLEAS . WITNESSES . PRINCIPLES UNDERLYING THE POSTPONEMENT OF A TRIAL . SPEEDY TRIAL . GENERAL REMARKS . GENERAL REMARKS . ACQUITTAL AT THE END OF THE STATE’S CASE . INTRODUCTION . MUST THE ACCUSED BE INFORMED OF THE POSSIBILITY OF COMPETENT VERDICTS? . AMENDMENT OF VERDICT PHASE THREE: SENTENCING PROCESS . FORMS OF PUNISHMENT FOR ADULTS CORRESPONDING TO THE POWERS OF COURTS . OUTLINE OF THE PROCEDURE BEFORE SENTENCING . SENTENCING . MINIMUM/MANDATORY SENTENCES . CHILD OFFENDERS PHASE FOUR: POST-TRIAL PROCESS . FORMS OF REVIEW . POWERS OF THE REVIEW COURT . DECLARATORY ORDERS . RIGHT OF APPEAL . APPEAL AGAINST SENTENCE, APPEAL AGAINST CONVICTION AND APPEAL ON LEGAL GROUNDS . WHO HAS LOCUS STANDI TO APPEAL TO THE HIGHER COURTS? . THE POWERS OF THE APPEAL COURT . RESERVATION OF A POINT OF LAW AND SPECIAL ENTRY SECTION C – THE CHILD JUSTICE ACT . INTRODUCTION TO THE CHILD JUSTICE ACT . ROLE OF THE PROBATION OFFICER . PROCEDURE APPLICABLE TO CHILD OFFENDERS UNDER YEARS OF AGE . PROCEDURE APPLICABLE TO CHILD OFFENDERS BETWEEN AND YEARS OF AGE . METHODS OF SECURING ATTENDANCE AT COURT . PROCEDURE AFTER ARREST OF A CHILD OFFENDER . PURPOSE, NATURE AND CONTENT OF AN ASSESSMENT REPORT . PURPOSE, CONTENT AND POSSIBLE OUTCOMES OF PRELIMINARY INQUIRY . THE DIVERSION PROCESS . SCHEDULES TO THE CJA . SYNOPSIS OF THE CJA [Show More]

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