- Notes from lectures, the textbook and handbook on topics 1-8
-All prescribed cases
-A table summarizing the prescribed cases
-Answers to exercises done in class
-Reference to which topics have been asked before based on past papers/tests
-Useful links
-Are colour coded and easy to follow
Key
- Cases in bold = prescribed cases
- Highlighted in orange = asked previously in a test/exam
- Blue = headings
- Purple = topics
- Green = readings (textbook, legislation and prescribed cases)
Topic 1: Introduction to criminal procedure and models of the criminal process
Readings
- Textbook pages 4 -17
- Handbook pages 8-13
- Section 35 of the Constitution
Introduction
- Part of public law
- integral component of the criminal justice system with the function of providing the
pre-trial, trial and post-trial procedural mechanisms
- adjectival/procedural law: the portion of the law that deals with the rules of procedure
governing evidence, pleading, and practice. Looks not at what needs to be proven but
how it must be proven
- focuses on the procedures, the mechanisms and structures that are in place to give
effect to that substantive law
-
- safeguards individual constitutional rights by imposing reasonable checks and balances
on the procedural powers of the police service and Prosecuting Authority
Scope
Criminal procedure regulates a number of procedural and structural processes:
- the criminal courts
- the police
- the NPA
Distribution of this document is illegal and constitutes a copyright violation
, Kaya Borkowski
- the defence
- rights of arrested, detained or accused persons
- pre-trial procedural matters (such as bail)
- procedures during the course of the trail
- sentencing
- post-trial procedures (such as appeal and review).
- The regulation of the role players to the criminal justice system is not just to protect
individual accused persons who face arrest or have been brought to trial – although that
is of primary importance.
- The regulation of these actors, especially the state actors, are fundamental to a
constitutional democracy
Substantive v adjectival law
- Substantive law comprises the legal rules and duties.
- eg. criminal law – with its focus on the elements of criminal liability and defences – is
part of substantive law.
- The substance of WHAT must be proven in a criminal trial is substantive law.
- Adjectival law
- The process and rules for HOW it must be proven, is largely adjectival. Criminal
procedure contains the processes for how the substantive criminal law is enforced.
- Criminal Procedure also applies safeguards to the exercise of power, particularly by
state bodies, by stipulating restrictions on conduct like arrest and prosecution.
- The sanctions attached is one of the links between substantive and adjectival.
Because it is the enforcement of the sanctions promised by substantive law that is the
role of adjectival law.
Accusatorial and inquisitorial criminal justice systems (asked previously in a test/exam)
- Our system has largely been influenced by two major international systems of criminal
justice
- Two models focus on procedural aspects but can include substantive law
- These are the accusatorial system based on English common law and the inquisitorial
system based on Continental Roman law.
- differences between these two systems are to be found in the differing functions
allocated to a judge, State prosecution and the accused’s defence.
- The distinction between the procedures lies largely on the role of the presiding officer
during the trial (which in turn affects the roles of other parties), and to some extent, the
source of law.
Distribution of this document is illegal and constitutes a copyright violation
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LawGuru. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R150,00. You're not tied to anything after your purchase.
