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The High Court is described as a superior court having full jurisdiction by virtue of section 2 (1) of the Judicature and Application of Laws Act, chapter 358 RE:2002. It has now developed forming a different structure to the former, where it has the ordinary court, and the two special divisions that is Commercial Division and Labour Division.
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated , and results in the conviction or acquittal of the defendant .
Nel v Le Roux NO and Others is a 1996 decision of the Constitutional Court of South Africa in the area of criminal procedure.The Constitutional Court dismissed a constitutional challenge to section 205 of the Criminal Procedure Act 51 of 1977, which allowed judicial officers to compel witnesses to provide evidence in pre-trial examinations.
Criminal Procedure Act (with its variations) is a stock short title used for legislation relating to criminal procedure in Hong Kong, Malaysia, New Zealand, ...
The court invalidated section 49(2) of the Criminal Procedure Act, 1977, which provided that the killing of certain fugitive suspects constituted justifiable homicide. Writing on behalf of a unanimous court, Justice Johann Kriegler held that the Bill of Rights required that force should be used in arrests only where such force is reasonable and ...
invalidate as unconstitutional the common-law offences of sodomy and commission of an unnatural sexual act, and section 20A of the Sexual Offences Act (the "men at a party" offence). invalidate any conviction for any of the three offences for acts committed after 27 April 1994 (the date that the Interim Constitution came into force) if the case ...
The Act did not address procedure in other areas, and though subsequent legislation filled in some gaps, Congress never enacted a generally applicable statutory command to observe state criminal procedure, as it had regarding civil procedure under the Conformity Act. Congress also enacted some specific federal rules, beginning in 1790 with ...
S v Zuma and Others was the first case decided by the Constitutional Court of South Africa after it was established in 1995. The case dealt with a provision of the Criminal Procedure Act which required the defence in criminal cases to prove that a confession made before a magistrate was coerced, rather than requiring the state to prove that it was not coerced.