What are the implications of treating juveniles as adults within the justice system?
History[ edit ] When the British occupied the Cape permanently inthey retained the Roman-Dutch legal system. They concluded, however, that the criminal justice system was archaic, and so introduced one based on their own in It has been developed over the years to suit local conditions.
The South African system today is basically accusatorial: The accusation and its proof are state-driven, with a state-appointed prosecuting authority.
Criminal procedure overlaps with other branches of the law, like the law of evidence  and the substantive law. These divisions are not absolutely watertight. Child Justice Act[ edit ] The Child Justice Act,  in operation since Aprilhas introduced numerous changes to criminal procedure insofar as it affects minors persons under the age of eighteen.
It involves a two-stage trial procedure in a special child justice court. Methods of getting an accused to court[ edit ] The CPA lists four methods of securing the attendance of an accused person in court. The basic principle of South African criminal procedure is that of access to courts, in accordance with section 34 of the Constitution.
There is no general provision for trial in absentia. Arrest[ edit ] The manner in which arrests are to be carried out is dealt with in section 39 1 of the Act, which provides that arrests may be effected with or without warrant, and which envisages three scenarios: He is then to be informed of the cause of the arrest or, in case of an arrest with a warrant, to be given on demand a copy of the warrant.
If the arrest is not lawful, resistance or escape by the arrestee will not be unlawful, and the arrestor will have committed an assault.
Anyone who may lawfully arrest a person and who knows or reasonably suspects that person to be on certain premises may, after audibly demanding access, giving reasons, if necessary break open and enter to search and arrest the suspect.
The most important of these circumstances are when any person commits or attempts to commit an offence in the presence of that peace officer; when the peace officer reasonably suspects any person of having committed a Schedule 1 offence other than the offence of escaping from lawful custody ; when any person has escaped or attempts to escape from lawful custody.
The following are the most important of those types of person whom private persons may arrest without a warrant: In S v Tsotsi the court held that such an arrest is unlawful if its objective is to frighten and harass the arrested person to stop a particular conduct rather to bring him to court for trial.
It was recently held that this is no longer the position, and that now the potential arrestor must also consider whether arresting the suspect would be reasonable in the circumstances,     but the Supreme Court of Appeal SCA has since differed from this line of case law, effectively reinstating Tsotsi.
With warrant[ edit ] A magistrate or justice of peace may issue a warrant of arrest on written application of the Director of Public Prosecutions DPPa public prosecutor or a commissioned police officer from the rank of captain upwards. The period of 48 hours may be extended in the following circumstances: If the arrestee's physical condition does not permit a court appearance, the court may, on application of the prosecutor, supported by a medical certificate, authorise detention of the arrestee at a specified place such as a hospital for the purpose of recuperation.
If an arrestee is in transit to the court from an area outside the court's jurisdiction, the period expires at The Constitution enshrines this principle. Authorities are not entitled to keep the arrestee in custody pending the next sitting of a periodical court, if that would mean a longer delay than that permitted in the case of ordinary courts sitting each weekday.
If officials detain a person without lawful authority, the detainee, or someone on his behalf, may bring an interdictum de homine libero exhibendo application, which is a special type of mandamusto compel his release.
In England, this is referred to as a habeas corpus application; that term, indeed, is sometimes used in South African law. As to the question of whether a High Court has inherent power to grant bail, or whether bail release powers are only to be found explicitly in statute, earlier cases inclined to the view that a High Court did not have inherent power to release on bail if a statute law did not give it express power.
Its refusal may not serve as a punishment; nor may a court fix an excessive amount or onerous conditions, in a bid to harass the accused. It is not anticipatory punishment.
The rules of evidence for the purpose of bail are relaxed. His release is to endure until the verdict, not until the sentence, unless the court upon verdict decides to extend bail.
The accused must comply with the conditions set out in sections 60 1262 and 63 of the Act. In terms of section 59 of the CPA, a police official of the rank of sergeant or higher may fix bail before the first court appearance if the offence for which the accused is in custody does not fall under Part II or Part III of a Schedule 2 offence:View Essay - Plea Bargaining Paper from CJA at University of Phoenix.
1 Plea Bargaining Paper Plea Bargaining Paper Ashley Hunsinger CJA/ November 18, Glen Winters 2 . Plea Bargaining Chris Stokes University of Phoenix Introduciton to Criminal Court Systems CJA/ Janet Williams November 14, Plea Bargaining A Plea bargain is an agreement between the prosecutor and the defendant in a criminal case where the defendant pleads guilty to a certain charge in exchange for a lesser penalty from the prosecutor.
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Individual Plea Bargaining Paper Write a 1, to 1,word paper in which you evaluate the advantages and disadvantages of plea bargaining. Address the following in your paper. Plea Bargaining Lidia Nasukowicz, Angela Peeler, Sean Schaffer, Robin Webb, Miranda Williams CJA/ February 24, Plea-Bargaining originally started in the early part of the nineteenth century with the violation of liquor laws.
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