What is a section 212 statement?
Many section 212(4) statements received from state laboratories (e.g. ballistic reports, DNA reports etc.) currently expresses the conclusions of the deponents. Such conclusions indicate that the deponent formed an opinion with regards his analysis.
What is a schedule 6 Offences in South Africa?
For a Schedule 6 offence, the accused has to adduce evidence to satisfy the court that exceptional circumstances exist in which the interests of justice permit his release. For a Schedule 5 offence, the accused has to adduce evidence to satisfy the court that the interests of justice permit his release.
What is Section 42 of the Criminal Procedure Act?
In terms of Section 42 of the Criminal Procedure Act of 1977 a South African Citizen has the right to arrest the following persons:- • Trespassers • Persons engaged in an affray (Public Fighting) • Persons who he has a reasonable suspicion have committed a Schedule One Offence.
What is the purpose of the Criminal Procedure Act 51 of 1977?
The Criminal Procedure Act 51 of 1977 intends: to make provision for procedures and related matters in criminal proceedings.
What is a section 204 witness?
● Section 204 of the Criminal Procedure Act is used when the state requires a person who may have been a party to a crime to testify against others. The state’s justification for sacrificing a conviction against the witness is that without offering indemnity, it may not secure any convictions at all.
What is Section 174 of the Criminal Procedure Act?
Section 174 of the Criminal Procedure Act 51 of 1977 encompasses the right of an accused to be discharged from the offence he has allegedly committed where, at the close of the State’s case, there is no evidence on which the court may draw the accused to the charge.
What are Schedule 3 Offences in South Africa?
| OFFENCE | SCHEDULE 3 |
|---|---|
| Murder | Murder |
| Rape | Rape (where offender is 14/16 years or older) |
| Treason | Treason |
| Sedition | Sedition |
What is a Schedule 8 offence?
The Schedule 8 offences include sexual offences, robbery, human trafficking and culpable homicide. This Bill will enable the establishment of a comprehensive forensic DNA database to strengthen the fight against crime by providing police with evidence to investigate and solve serious crimes.
What is a section 205?
However, section 205 of the Criminal Procedure Act makes it possible for a police officer to obtain a subpoena, directing the ISP to reveal the requested information, in which instance the ISP will have to co operate and give the information.
What are Schedule 1 Offences in South Africa?
| OFFENCE | SCHEDULE 1 |
|---|---|
| Theft | (i) Theft (common law or statutory provision) up to R1 500 |
| Receiving stolen property | Receiving stolen property up to R1 500 |
| Fraud, corruption, extortion | Fraud, corruption, extortion up to R1 500 |
| Robbery | Robbery without aggravating circumstances up to R1 500 |
What is Section 59 of the Criminal Procedure Act?
(1) Any court before which a charge is pending in respect of which bail has been granted may, upon the application of the prosecutor or the accused, increase or reduce the amount of bail determined under section 59 or 60 or amend or supplement any condition imposed under section 60 or 62, whether imposed by that court or any other 8
Is the Criminal Procedure (Scotland) Act 1995 up to date?
Criminal Procedure (Scotland) Act 1995, Section 59 is up to date with all changes known to be in force on or before 14 November 2021. There are changes that may be brought into force at a future date.
What is Criminal Procedure Act 51 of 1977 page 42?
CRIMINAL PROCEDURE ACT 51 OF 1977 Page 42 of 221 http://juta/nxt/print.asp?NXTScript=nxt/gateway.dll&NXTHost=juta&function=f… 2015/03/24 which, in the court’s opinion, are in the interests of justice. (13) The court releasing an accused on bail in terms of this section may order that the accused-
When was Schedule 7 added to the Criminal Procedure Code?
[Schedule 7 added by s. 10 of Act 85 of 1997, amended by s. 10 of Act 34 of 1998 and by s. 16 of Act 62 of 2000 and substituted by s. 68 of Act 32 of 2007.] Public violence. Culpable homicide.