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The court hearing such a bail application, when the offence is a Schedule 5 or 6 offence, must conduct a careful enquiry before deciding to release the accused on bail. [89] (There must be proper proof that the offence is indeed a scheduled offence. [90]) S v Rudolph [91] is a prominent example of the application of this onus.
The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa. Despite South Africa's division into nine provinces, the country has a single ...
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."
The National Prosecuting Authority (NPA) is the agency of the South African Government responsible for state prosecutions. Under Section 179 of the South African Constitution and the National Prosecuting Authority Act of 1998, which established the NPA in 1998, the NPA has the power to institute criminal proceedings on behalf of the state and to carry out any necessary functions incidental to ...
Scheduled offence may refer to: An offence listed in a schedule to a statute indicating that the statute's provisions apply to such offences: Anti-Terrorism (Amendment) Ordinance, 1999, Pakistan—scheduled offences are considered terrorist acts; Arms Offences Act, Singapore—scheduled offences are liable to the death penalty
This was found to subvert the fundamental premises of the ethos of human rights which now, after the negotiated settlement, permeated South Africa's processes of judicial interpretation and judicial discretion, including sentencing policy in punishment of criminal offences. A substantial term of imprisonment, for a murder committed out of ...
The act repealed sections 276(1)(a), 277, 278 and 279 of the Criminal Procedure Act (CPA), which made the death sentence a valid sentence for certain offences and established the procedure for carrying it out. It also amended other sections of the CPA and various other acts which referred to the death sentence or to capital offences.