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The Criminal Procedure Act, 1977 lists four methods of securing the attendance of an accused person in court. [4] These bear an important relationship to the constitutional rights of freedom and security of the person, [5] of freedom of movement and residence, [6] of access to the courts [7] and of "arrested, detained and accused persons."
The Criminal Procedure Act, 1977 (Act No. 51 of 1977) is an act of the Parliament of South Africa that governs criminal procedure in South Africa's legal system.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.
South African criminal law is the body of national law relating to crime in South Africa.In the definition of Van der Walt et al., a crime is "conduct which common or statute law prohibits and expressly or impliedly subjects to punishment remissible by the state alone and which the offender cannot avoid by his own act once he has been convicted."
South Africa's municipalities may, in terms of the Constitution of the Republic of South Africa, 1996, make by-laws for the effective administration of the matters it has a right to administer. The areas within which a municipality may make by-laws are listed in Schedule 4 Part B, and Schedule 5 Part B, of the Constitution.
The United Nations Standard Minimum Rules for the Treatment of Prisoners were adopted by the United Nations General Assembly on 17 December 2015 after a five-year revision process. [1] They are known as the Mandela Rules in honor of the former South African President, Nelson Mandela. The Mandela Rules are composed of 122 "rules".
Life imprisonment in South Africa has an indeterminate length and may last for the remainder of the offender's life. It is a mandatory punishment for premeditated murder , gang rape , serial rape including rape where the rapist knew they were HIV positive or if the victim was under 16 and/or mentally disabled.
The court held that an accused is ordinarily entitled to have access to documents in the police docket which are exculpatory (or which are prima facie, likely to be helpful to the defence) unless, in very rare cases, the State was able to justify the refusal of such access on the grounds that it was not justified for the purposes of a fair trial.
The General Law Amendment Act, number 37 of 1963 (commenced 2 May), commonly known as the 90-Day Detention Law, [1] allowed a South African police officer to detain without warrant a person suspected of a politically motivated crime for up to 90 days without access to a lawyer. When used in practice, suspects were re-detained for another 90-day ...