Criminal Procedural Law and Criminal Trial Processes

Criminal Procedural Law and Criminal Trial Processes Introduction 02/11/2020 A G Bradshaw Session 1 1 South African Court System 02/11/2020 A G Bradshaw Session 1 2 WHOSE WHO IN THE MAGISTRATES COURT ? Magistrate Witness

Accused/Defendant Stenographer Defence Legal Rep Public Prosecutor Court Orderly (Police Officer) Public Gallery 02/11/2020 A G Bradshaw Session 1 3 Whose who in the High Court? Public

Gallery Court Orderly Accused Judge Legal Representative s 02/11/2020 Judges Clerk A G Bradshaw Session 1 Assessors 4

Whose who in the Supreme Court of Appeal? Judges of Appeal Legal Representatives 02/11/2020 A G Bradshaw Session 1 Legal Representatives 5 Whose who in the Constitutional Court? Constitutional Court Judges

Judges' Clerks Legal Representatives 02/11/2020 A G Bradshaw Session 1 6 Adversarial Trial by battle/strength Main characteristics are: Parties present evidence Oral evidence and cross- examination Procedural truth Right to cross-examine Burden of proof Adjudicator: Passive/ umpire Confined and assess evidence placed before him;

No obligation to complete evidence Strict system technical rules to be discussed under Law of Evidence later. South African system in court proceedings generally 02/11/2020 A G Bradshaw Session 1 7 02/11/2020 A G Bradshaw Session 1 8 Inquisitorial Non adversarial No contest between the parties Main characteristics: Enquiry,

No cross examination written word/evidence No right to cross examine No burden of proof material truth Adjudicator Not confined to the material placed before him/her Determines what is required/enquirer Can enquire into any matter in issue May complete evidence by insisting on more evidence Complete control of the evidence In total control of the enquiry not passive Free System no technical rules 02/11/2020 A G Bradshaw Session 1 9 Procedure Prior to Trial Securing accused

attendance at Court Consult with witnesses First court Appearance Subpoena witnesses Subsequent court appearances Pre trial Conference 02/11/2020 A G Bradshaw session 3

T R I A L 10 Procedure at Trial State Puts charge/s to the Accused Accused Pleads to charge Witnesses are cross examined Defence call

witnesses/leads evidence State call witnesses/leads evidence State Closes Case Witnesses are cross examined State reexamines witnesses 02/11/2020 Defence reexamines witnesses

Defence Closes Case State Address on Merits Defence Address on Merits A G Bradshaw session 3 State address on sentence Defence address on sentence Court imposes sentence

State (previous convictions) Judgement 11 Criminal Trial Procedure 02/11/2020 A G Bradshaw Session 1 12

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