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Summary Legal Procedure
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Notes for Introduction to law (LAWS1011A at Wits University). A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.

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  • February 27, 2023
  • 13
  • 2022/2023
  • Summary

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Procedure
Created @October 20, 2022 2:18 PM

Class

Type

Materials

Reviewed



Law of Criminal Procedure
Regulated by Criminal Procedure act 51 0f 1977

Section 35 of the constitution




💡 RIGHTS OF DETAINED PERSONS
Right to
(a) be informed promptly of the reason for being detained;
(b) to choose, and to consult with, a legal practitioner, and to be informed of
this
right promptly;
(c) to have a legal practitioner assigned to the detained person by the state
and
at state expense, if substantial injustice would otherwise result, and to be
informed of
this right promptly;
(d) to challenge the lawfulness of the detention in person before a court and,
if
the detention is unlawful, to be released;
….etc




Procedure 1

, 💡 RIGHTS OF ACCUSED PERSONS
(a) to be informed of the charge with sufficient detail to answer it;
(b) to have adequate time and facilities to prepare a defence;
(c) to a public trial before an ordinary court;
(d) to have their trial begin and conclude without unreasonable delay;
(e) to be present when being tried;
(f) to choose, and be represented by, a legal practitioner, and to be informed
of this right
promptly;
(g) to have a legal practitioner assigned to the accused person by the state
and at state
expense, if substantial injustice would otherwise result, and to be informed of
this right promptly;
(h) to be presumed innocent, to remain silent, and not to testify during the
proceedings;
…..etc




Pre Trial


Report

reporting a crime or laying a charge

at the police station



investigstion

by the police

investigate a claim or charge

gather evidence



Procedure 2

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