lecture notes - detailed discussion on the various participants of the SA criminal justice system - includes important quotes (principles to note) from case law
SECTION ONE - PARTICIPANTS IN THE CRIMINAL JUSTICE
SYSTEM
These are the key role players in our criminal justi ce system
Police/other law enforcement agencies
National Prosecuting Authority (NPA)
Witnesses
The court (presiding officer, admin staff)
Correctional services
Suspect/accused/convict and or his representative
Others include: probation officers (investigate the personal circumstances of the
accused & advise the court on an appropriate sentence); psychiatrists (advise the court
on the mental condition of the accused – whether he is fit to stand trial and whether he
was criminally responsible at the time of the commission of the offence & to what
extent the mental condition contributed to the commission of the crime); correctional
services officers (compile reports on whether correctional supervision is appropriate as
a sentence)
Police or other law enforcement agencies
FUNCTION: to maintain law and order; prevent crime and investigate crimes that were
allegedly committed.
EMPOWERING LEGISLATION: s205 of the Constitution provides for the establishment
of the police force
WAYS IN WHICH THEY ARE NOTIFIED OF THE COMMISSION OF A CRIME : present
during the commission of a crime & witness it; receive a complaint from a victim or his
representative or witness; receive information from an informant or interested party
that a crime is committed or purported to be committed; receive a request from the
NPA to investigate an alleged crime
DUTIES: investigate the alleged commission of the crime and its surrounding
circumstances – establish whether it was committed and identify the perpetrator
POWERS: enter property, interrogate people, arrest persons, search persons &
premises, seize objects
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, PROCEDURE: crime is reported; investigating officer is appointed; the NDPP or his
representative is furnished with full particulars concerning the circumstances
surrounding the commission of the crime usually contained in a police docket; the
NDPP then decides whether to prosecute or not.
OTHER LAW ENFORCEMENT AGENCIES: s334 of the CPA = other officials such as traffic
officers, metro police & game wardens are regarded as peace officers this means they
also exercise certain powers granted to police officers. Other statutes empower other
officials such as custom officials, some inspectors to conduct preliminary
investigations. They then send the matter over to police who then give the results of
the investigation to the NPA for consideration.
National Prosecuting Authority (NPA)
DPP has the power to prosecute on behalf of the State in the area for which he
has been appointed
EMPOWERING LEGISLATION: s179(2) of the Constitution empowers the NPA to
institute criminal proceedings on behalf of the State + NPA Act 32 of 1998
HIGH COURT PROCEEDINGS: only the DPP can decide whether criminal
proceedings should be instituted subject to directions given by the NDPP
however, the DPP may appoint a public prosecutor to conduct the prosecution
on his behalf
LOWER COURT PROCEEDINGS: Public prosecutor can decide whether (or not) to
prosecute subject to the control by the NDPP or DPP and conducts the actual
prosecution
PROCEDURE: docket is received from the police, the DPP (or senior prosecutor
in a lower court) appoints a public prosecutor to peruse it and advise him
whether to prosecute. It may be the case that the public prosecutor needs
further information to advise the DPP (or senior prosecutor). In that case the
docket is returned to the police instructing them to get more information on the
case. Once a decision to prosecute or not is made, the police are advised. If
decided to prosecute, a date is set for trial and the necessary indictment (high
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