Critical analysis section 170a criminal procedure act. Criminal law and procedure 1977 criminal procedure act 51. Since the act was amended in 1977 the key provision in question has been section 49 of the act, and the key developments relating to the use of lethal force for purposes of arrest have been parliamentary amendments to and courts judgments regarding section 49. Amendment of section 309 of act 51 of 1977, as amended by section 17 of act 105 of 1982, section 8 ofact 107 of 1990, section 51 ofact 129 of 1993 and section of act 75 of 1995 2. May 29, 2016 critical analysis section 170a criminal procedure act 1. We use cookies to give you the best possible experience on our website. Criminal law and procedure 1977 criminal procedure act. Criminal procedure amendment act 26 of 1993 gg 755 came into force on date of publication. The basic principles of private defence selfdefence limitations on the powers of members attached to neighbourhood watches. Members of the police in south africa are burdened with a constitutional duty 1 to prevent, investigate and combat crime, a duty to maintain law and public order, and to ensure the protection and security of all south africans. This section, provides for an offender to be placed on correctional supervision, in the discretion of the. In an attempt to remove the direct confrontation between the child and the accused, the commission recommended that children be allowed to testify in a special room via an intermediary. Chapter 2 search warrants, entering of premises, seizure, forfeiture and disposal of property connected with offences ss.
Section 49 of the criminal procedure act 51 of 1977 states that in the event that a suspect resists arrest or flees, the arresting officer may, in order to effect the arrest use such force as may in the circumstances be reasonably necessary to overcome the resistance or prevent the person concerned from fleeing. Declaration of peace officers in terms of section 334 of the criminal procedure act, 1977. An overview of section 49 of the criminal procedure act 51 of 1977 and its recent amendments. Criminal procedure act 51 of 1977 rsa 2 where the prosecution is instituted under section 71 and the accused pleads guilty to the charge, the prosecution shall be continued at the instance of the state.
Criminal procedure act 51 of 1977 namibia legal database. An act to amend the law of england and wales with respect to criminal conspiracy. Dec 06, 20 in an attempt to remove the direct confrontation between the child and the accused, the commission recommended that children be allowed to testify in a special room via an intermediary. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. My name is shirish nanabhai and i am the 2nd accused in the case of the state vs naidoo, nanabhai and jenkins, case no. The failure to understand the proceedings may deny him his right to confront witnesses. Regulations under the criminal procedure act, 1977 act no. My wife is not employed and i am the sole supporter of my family. A lot of hot air about section 205 constitutionally speaking. Criminal procedure act 51 of 1977 rsa came into force on date of publication.
Words referring to acts include illegal omissions 4. It appeared from the record that leave to appeal had been granted because of psychiatric evidence tendered in the accuseds presence in subsequent proceedings, which. Be it enacted by parliament in the twentyfourth year of the republic of india as follows. The following section is hereby substituted for section 49 of the criminal procedure act, 1977 act no.
With acts you are guaranteed the latest and most up to date resource for your legislative needs. Section 271a of the criminal procedure act 51 of 1977 prescription of. Section 36a of the criminal procedure act, 1977, is hereby amended. Amending act4 code of criminal procedure amendment amending act, 2006.
Section 170a4 of the criminal procedure act, 1977, notice no. Criminal procedure act 51 of 1977 legal assistance centre. Criminal procedure act 51 of 1977 united nations office. Criminal procedure act 51 of 1977 schedule of commencements relating to magisterial districts amended by magisterial districts and dates. Application of section 49 of the criminal procedure act.
Read online criminal procedure act, 1977 act 51 of 1977 book pdf free download link book now. The constitution of the republic of south africa, 1996. This proposal gave rise to the introduction of the function of an intermediary with the insertion of section 170a1 into the criminal procedure act 51 of 1977. Criminal procedure act, 1977 act 51 of 1977 pdf book. The private security industry regulation act 56 of 2001. This section, provides for an offender to be placed on correctional supervision, in the discretion of the correctional. Criminal procedure act 51 of 1977 afrikaans text signed by the state president as amended by criminal procedure matters amendment act 79 of 1978 criminal procedure amendment act 56 of 1979 criminal procedure amendment act 64 of 1982 appeals amendment act 105 of 1982 criminal law amendment act 59 of 1983. Minister of police nathi mthetwa and members of the police force including the police commissioner are not surprisingly talking a lot of rubbish and making idle threats against journalists who happen to belong to an independent as opposed to a progovernment news organisation. Jul 01, 2002 section 49 of the criminal procedure act 51 of 1977 states that in the event that a suspect resists arrest or flees, the arresting officer may, in order to effect the arrest use such force as may in the circumstances be reasonably necessary to overcome the resistance or prevent the person concerned from fleeing. Nov 14, 2014 i wish to know may a statement under section 2 of the criminal procedure act 51 1977 be made under oath or answered by a verified lawyer we use cookies to give you the best possible experience on our website. Section 170a1 of the criminal procedure act of 1977. Law enforcement officers appointed by a municipality. All books are in clear copy here, and all files are secure so dont worry about it.
It creates the offence of conspiracy in english law. Criminal procedure act, 1977 act 51 of 1977 state may seize certain articles section 20 the state may, in accordance with the provisions of this chapter, seize anything in this chapter referred to as an article a which is concerned in or is on reasonable grounds believed to be concerned in the commission or suspected. Amendment of section 36a of act 51 of 1977, as inserted by section 2 of act 6 of. Powers, jurisdiction, rights and duties of certain officers 5. Value of a statement made in terms of section 2124 of the criminal procedure act, 1977 act 51 of 1977 in the recent past the probative value of statements made in terms of section 2124 of the criminal procedure act, 1977 act no 51 of 1977 came under scrutiny in a number of high courts country wide and although most of the courts are. There are three sections of the criminal procedure act act 51 of 1977 that are used to issue traffic fines. In terms of section 36b of the act, a police official. As this is a file with many pages, you may have difficulty to open it with your mobile device. Criminal procedure matters amendment act 79 of 1978. Republic of namibia 45 annotated statutes criminal procedure act 51 of 1977.
Criminal procedure act 51 of 1977 schedule of commencements relating to magisterial districts amended by magisterial districts and dates act 122 of 1991 s. Critical analysis section 170a criminal procedure act 1. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Act 1973 general power of court to fine offender convicted on indictment in a case falling within subsection 2 or 3 below. The act substitutes section 49 of act 51 of 1977, as substituted by section 7 of act 122 of 1998. Killing and the constitution arrest and the use of. Amended by criminal procedure amendment act 4 of 2017 from 29 jun 2017. If this is the case, the person who effected the arrest, may. It details the procedure for the whole system of criminal law, including search and seizure, arrest, the filing of charges, bail, the plea, the testimony of witnesses and the law of evidence, the verdict and sentence, and appeal.
The criminal procedure act as it applies to traffic fines in a nutshell. Combating of rape act 8 of 2000 gg 2326 brought into force on 15 june 2000 gn 1402000, gg 2348. Download criminal procedure act, 1977 act 51 of 1977 book pdf free download link or read online here in pdf. An act to consolidate and amend the law relating to criminal procedure.
Section 271a of the criminal procedure act 51 of 1977 prescription. Criminal procedure act 51 of 1977 above link will open in a new window or tab. Criminal procedure act 51 of 1977 law society library. See us ex rel neevarro v johnson 365 f supp 676, 681 n 3 ed pa 1973, where it was held that a defendants ability to use an interpreter encompasses numerous fundamental rights. Amended by law of evidence and the criminal procedure act amendment act 103 of 1987. Commentary on the criminal procedure act, volume 1 snippet view 1987. It also created offences concerned with criminal trespass in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb. Code of criminal procedure 1973 complete act citation. In s v pistorius gp unreported case no cc120,1292014 maspia j, masipa j sentenced oscar pistorius to a five year imprisonment term pursuant to the provisions of s 2761i of the criminal procedure act 51 of 1977 the cpa. Saving as to certain powers conferred by other laws. Section 341 which deals with the issue of a notice of intention to institute prosecution.
Sep 12, 2014 criminal procedure act 51 of 1977, pdf format. He is charged, both in his personal capacity as well as in his representative capacity, on behalf of accused no. I wish to know may a statement under section 2 of the. Criminal procedure act 51 of 1977 rsa gg 5532 brought into force in south africa and south west africa on 22 july 1977 by rsa proc. Commentary on the criminal procedure act etienne du toit. Oscar pistorius and s 2761i placement on correctional. Afrikaans text signed by the state president as amended by. Pdf on jan 1, 2007, nicci whitearnel and others published section 161 criminal procedure act 51 of 1977. Amending act2 code of criminal procedure amendment act, 2005. Killing and the constitution arrest and the use of lethal force. To make provision for procedures and related matters in criminal proceedings.
Part i paragraph b above shall not be taken as prejudicing the application of section 301 of the powers of criminal courts 1973 c. Save judgments add notes store search result sets organizer client files start your free trial today. Section 305 of the criminal procedureact, 1977 act no. Trial of offences under penal code and other laws 6. Criminal procedure amendment act 9 of 1968 repealed related links. Declaration of peace officers in terms of section 334 of the criminal procedure act. I wish to know may a statement under section 2 of the criminal procedure act 511977 be made under oath or answered by a verified lawyer. Criminal procedure act 51 of 1977 south african government. Commentary on the criminal procedure act etienne du toit, f.
1028 1096 1451 1398 1024 493 324 995 1131 234 92 1355 105 171 1060 368 151 84 1307 290 576 180 515 870 1209 1269 610 990 492 127 590 1151 1017 73 231 967 559 477 810 687 503 984