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An appeal to the high court can be on points of law or on points of facts, or on both facts and law. An appeal can also be civil or criminal. Section 72 of the civil procedure code states that "where a case is heard by a bench of two or more judges the appeal shall be decided in accordance with the opinion of the majority of such judges".
The Criminal Procedure Amendment Act, 1958 (No 9) The Criminal Procedure Amendment Act, 1963 (No 92) The Criminal Procedure Amendment Act, 1965 (No 96) The Criminal Procedure Amendment Act, 1968 (No 9) The Criminal Procedure Act, 1977 (No 51) The Criminal Procedure Matters Amendment Act, 1978; The Criminal Procedure Amendment Act, 1979
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. Criminal procedure can be ...
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.
In Part 3 of the Criminal Procedure Act 2010, the expression "offence against the administration of justice" is defined by section 7 of that Act, as amended by section 27 of the Criminal Justice (Corruption Offences) Act 2018.
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 ...
Following a section of introductory text, the act outlines the relevance of its content in the first section to persons charged with a summary offence, indictable offence or one that is triable either way, as well as the criminal investigation into such an offence and as to whether such a person should be charged with the offence or found guilty of it once charged. [2]
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 ...