An analysis of the wording, interpretation and development. The constitution of the republic of south africa, act 200 of 1993 8. Section 170a4 of the criminal procedure act, 1977, notice no. The criminal procedure act as it applies to traffic fines in a nutshell. There are three sections of the criminal procedure act act 51 of 1977 that are used to issue traffic fines. Amended by criminal law and criminal procedure act amendment act 39 of 1989. Ethiopian criminal procedure code amharic version pdf. Criminal procedure act 51 of 1977 law society library. The constitution of the republic of south africa, act 108 of 1996 7. This section, provides for an offender to be placed on correctional supervision, in the discretion of the correctional supervision and parole.
University of cape town,faculty of law,department of public law. Section 49 of the criminal procedure act 51 of 1977 states that in the event that a suspect resists arrest or flees, the arresting officer may, in order to effect the arrest use such force as may in the circumstances be reasonably necessary to overcome the resistance or. Commentary on the criminal procedure act, volume 1 snippet view 1987. Criminal law and procedure 1977 criminal procedure. I plead not guilty to the charge of assault with the intent to do grievous bodily harm.
My name is shirish nanabhai and i am the 2nd accused in the case of the state vs naidoo, nanabhai and jenkins, case no. An act to amend the law of england and wales with respect to criminal conspiracy. Criminal procedure act 51 of 1977 police and human. The constitutional debates surrounding section 227 of the criminal procedure act 51 of 1977. Saving as to certain powers conferred by other laws. Criminal procedure act 51 of 1977 rsa gg 5532 brought into force in south africa and south west africa on 22 july 1977 by rsa proc. The longoverdue reform of english libel law and its chilling effect on free speech has begun, but the battle isnt won. This was compliant with section 28 2 and article 3 of the united nations convention unc on the rights of a child. As this is a file with many pages, you may have difficulty to open it with your mobile device. The criminal procedure act is also used to prosecute serious road traffic offences which are scheduled as offences in schedule 3 of the aarto regulations.
Criminal procedure act justice project south africa. Section 49 of the criminal procedure act 51 of 1977 serves as a framework for the use of violence by police officers during arrests in south africa. Commentary on the criminal procedure act etienne du toit. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Section 511 provides for high courts and regional courts to impose a. S v michael cr 12017 2017 nahcnld 17 03 march 2017.
Criminal procedure act no 51 fragmentarily discussed by dugard 1978. The issue of written notices in terms of section 56 of the criminal procedure act, 1977. Section 305 of the criminal procedureact, 1977 act no. Criminal procedure amendment act 9 of 1968 repealed.
The criminal procedure act provides that a court, after it convicts a person for a crime for which a prescribed minimum sentence is applicable, may suspend up to five years of the prescribed sentence on the basis of various conditions, including compensation, community service, submission to correctional supervision, good behavior, or any other. These directives, and any amendment or withdrawal thereof, are required to be submitted to parliament, before they take effect1. Hi, i have received an aarto 33 notice of summons it was not sent with registerd mail but by post. In jurisdictions where the provisions of the aarto act do not apply, the criminal procedure act, 1977 act 51 of 1977 is used to prosecute road traffic infringements and offences. Further evidence and free pardon or substitution of verdict by state president. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, south african criminal law, is applied. Download criminal procedure act 51 of 1977 justice.
I have read the charge sheet and the charges against me contained therein. University of cape town,faculty of law,department of public law, 2010 cited yyyy month dd. All books are in clear copy here, and all files are secure so dont worry about it. If this is the case, the person who effected the arrest, may. Critical analysis section 170a criminal procedure act. Regulations under the criminal procedure act, 1977 act no. Read online criminal procedure act 51 of 1977 wipo book pdf free download link book now. With regard to the latter act, a further demarcation will be made between the period before and after the.
Criminal procedure act 51 of 1977 south african government. Issued in terms of 54 of the criminal procedure act no. Criminal procedure act 51 of 1977 above link will open in a new window or tab. Criminal procedure act 51 of 1977 wipo pdf book manual. Pdf the law of pretrial criminal procedure in namibia. S 297 amended by law of evidence amendment act 45 of 1988. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Criminal procedure act 51 of 1977 afrikaans text signed by the state president as amended by criminal procedure matters amendment act 79 of 1978 criminal procedure amendment act 56 of 1979 criminal procedure amendment act 64 of 1982 appeals amendment act 105 of 1982 criminal law amendment act 59 of 1983 criminal procedure matters amendment act 109 of 1984 immorality and. The law of pretrial criminal procedure in namibia introduces readers to the fundamental principles and values underlying namibian criminal law, through a systematic examination of the provisions. This resource is hosted by the nelson mandela centre of memory, but was compiled and authored by padraig omalley. Jeffrey thamasanqa radebe, minister of justice and constitutional development, in terms of section 3341a of the criminal procedure act, 1977 act no. Law of evidence and the criminal procedure amendment act 103 of 1987. Read online criminal procedure act, 1977 act 51 of 1977 book pdf free download link book now. Part 3 a member of a police force referred to in section 83 of the durban extended powers consolidated ordinance.
In s v pistorius gp unreported case no cc120,1292014 maspia j, masipa j sentenced oscar pistorius to a five year imprisonment term pursuant to the provisions of s 2761i of the criminal procedure act 51 of 1977 the cpa. S 7779 amended by judicial matters amendment act 8 of 2017 from 2 aug 2017. Law of evidence and the criminal procedure act amendment act 103 of 1987. A psychiatrist who is designated or appointed by or at the request of the court or a clinical psychologist who is directed by the court in terms of section 791 of the criminal procedure act, 1977 act no. Criminal procedure act, 1977 act 51 of 1977 pdf book. Read online criminal procedure act 51 of 1977 justice. Directives issued in terms of section 105a11 of the. Section 49 of the criminal procedure act 51 of 1977 serves as a framework for t. Procedure act 56 of 1955 and the relevant provisions of the criminal procedure act 51 of 1977.
Criminal procedure in south africa refers to the adjudication process of that countrys criminal. Oscar pistorius and s 2761i placement on correctional. Criminal procedure should be fair and adversarial and preserve a balance. Criminal procedure act 51 of 1977 afrikaans text signed by the state president as amended by criminal procedure matters amendment act 79 of 1978. Section 341 which deals with the issue of a notice of intention to institute prosecution. Declaration of peace officers in terms of section 334 of the criminal procedure act, 1977. I wish to know may a statement under section 2 of the. Criminal procedure act 51 of 1977 legal assistance centre. Application of section 49 of the criminal procedure act. Amended by criminal procedure amendment act 4 of 2017 from 29 jun 2017. A critical analysis of section 49 of the criminal procedure act 51 of 1977 the shoot to kill debate sought to investigate the rationale and necessity behind the call for yet another amendment of section 49, that purports to clarify the rules under which police are allowed to use their firearms. Download criminal procedure act 51 of 1977 wipo book pdf free download link or read online here in pdf. Amendment of section 309 of act 51 of 1977, as amended by section 17 of act 105 of 1982, section 8 ofact 107 of 1990, section.
It details the procedure for the whole system of criminal law, including search and seizure, arrest, the filing of charges, bail, the plea, the testimony of witnesses and the law of evidence, the verdict and sentence, and appeal. Criminal procedure in south africa refers to the adjudication process of that country s criminal law. While some hold the opinion that the powers of the police in this respect should be restricted, others see the 2003 redefined section 49 as a legislative guarantee of a suspects right to flee. The procedure enacted in section 105a of the criminal procedure act, 1977 does not. The execution of warrants of arrest in terms of section 44 of the criminal procedure act, 1977. Chapter 2 search warrants, entering of premises, seizure, forfeiture and disposal of property connected with offences ss. Plea plea of guilty in terms of s 1121a of the criminal procedure act 51 of 1977 as amended by the criminal procedure amendment act. Criminal procedure amendment act 26 of 1993 gg 755 came into force on date of publication.1562 60 946 370 1210 1547 289 833 805 73 282 1181 1557 470 1082 652 1470 1396 298 1436 338 1230 651 895 1048 807 74 980 1266 1116 362 302 576