Criminal Court Practice Review

Comprehensive vocabulary flashcards covering South African criminal court practice, including constitutional rights, statutory procedures under the CPA, bail regulations, and trial conduct.

Section 205 of the Constitution

Establishes the function of the police to maintain law and order, prevent crime, and investigate crimes.

Section 179(2) of the Constitution

Empowers the prosecutor to institution criminal proceedings on behalf of the state.

Director of Public Prosecutions (DPP)

Authority that executes the power to prosecute on behalf of the state in a specific appointed area.

Section 73 of the Criminal Procedure Act (CPA)

Confirms the fundamental right to legal representation for the accused, awaiting-trial detainees, and sentenced prisoners.

State Witness

A person who supplied the State with information regarding the commission of an offence and may testify against the accused.

Stenographer

The court official responsible for the mechanical recording of proceedings.

Privileged Information

Information shared by a client with their attorney that is protected from disclosure, unless utilized for advice on committing an offence.

Judge's Rules

The set of guidelines that should be followed during the questioning of an accused person.

Shabalala and 5 Others v Attorney General of the Transvaal

Case law establishing an accused person's right to access the police docket for trial preparation.

Section 37(1)(b) of the CPA

Statutory provision obliging a suspect to attend an identification parade whether they are under arrest, on bail, or on warning.

Animo Iniuriandi

The intention to injure the plaintiff, required to prove 'malice' in a claim for malicious prosecution.

Section 50 of the CPA

The '48-hour rule' which dictates that an arrested person must be brought before court or charged within 48 hours of arrest.

Objective Test for Seizure

The standard used to determine if objects are reasonably suspected to be involved in the commission of an offence and thus susceptible to seizure.

Search Warrant (Section 21)

An order issued by a magistrate or justice of the peace based on information under oath that reasonable grounds exist to search a premises.

J50 Warrant

A warrant of arrest issued by a magistrate or peace officer on the written application of the DPP, prosecutor, or police.

Justifiable Homicide

The use of deadly force during arrest that is only allowed if lives are endangered or there is a substantial risk of future death or grievous bodily harm.

Summons (Section 54)

A method of securing attendance at trial used when the accused is not in custody and there is no reason to assume they will flee.

Section 59A of the CPA

Authorizes a prosecutor, with DPP approval, to release an accused person on bail before their first court appearance (Prosecutor Bail).

Schedule 6 Offence

Serious crimes (like pre-meditated murder) where the accused must satisfy the court that exceptional circumstances exist to permit their release on bail.

Section 65(2) of the CPA

Statute providing that a bail appeal regarding new facts must first be placed before the original Magistrate who refused the initial application.

Diversion

The process of withdrawing charges or redirecting a matter away from the formal court process, often through representations to the prosecutor.

Section 204 of the CPA

Indemnity provision where a state witness is discharged from prosecution if they answer incriminating questions frankly and honestly.

Admission of Guilt (AOG) Fine

A payment for minor offences that amounts to a conviction and is entered onto an individual's criminal record.

Section 87 of the CPA

Allows the accused to request further particulars from the prosecution regarding matters alleged in the charge sheet.

Sections 77 to 79 of the CPA

Legal provisions concerning the procedure for inquiry when an accused suffers from a mental illness or defect affecting their criminal capacity.

Section 342A of the CPA

Empowers the court to make orders regarding postponements if proceedings are unnecessarily delayed.

Section 174 Discharge

A verdict of not guilty returned at the close of the State's case because there is no evidence upon which a reasonable person would convict.

Interlocutory Procedures

Procedures such as a 'trial within a trial' or the recusal of a judicial officer that occur during the course of a main trial.

Section 217 of the CPA

Governs the admissibility of confessions, requiring them to be made freely, voluntarily, and in sober senses.

Section 112(1)(b) of the CPA

Requires a presiding officer to question an accused who pleads guilty to a serious offence to ensure they admit all elements of the crime.

Section 220 Admissions

Formal admissions made by the accused or their legal advisor that serve as sufficient proof of the facts admitted.

Fruit of the Poisonous Tree

A legal doctrine where evidence may be inadmissible if it was discovered through an unlawful confession or violation of rights.

Section 300 Compensation Order

A court order following conviction that awards an injured person compensation for property damage or loss, having the effect of a civil judgment.

Triad of Sentencing

The three factors balanced by a court during sentencing: the personal circumstances of the accused, the nature of the offence, and the interests of society.

Leave to Appeal

The formal application required (except for child offenders or those sentenced to life by a Regional Court) to seek permission to appeal a conviction or sentence.