Scribd
Upload
23 views10 pages

15 April Slides 2

Uploaded by

John
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
23 views10 pages

15 April Slides 2

Uploaded by

John
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 10

Methods of Securing the Attendance

of the Accused in Court


PRE-TRIAL STAGE
MR. DOMINIC SELEMELA
INTRODUCTION

 The South African Criminal Justice System has a blend of both crime
control and due process rights systems or notions. Section 35(3)(e) of
the Constitution guarantees every accused persons the right to be
present when being triad. This is known to others as the presence
principle. This provision is read together with section 158(1) of the
Criminal Procedure Act (CPA), which provides that all criminal
proceedings in any court shall take place in the presence of the
accused unless exceptions are provided for by the CPA or any other
laws.
 The above gives effect to the right of the accused to adduce or
challenge evidence (see S35(3)(i) of the Constitution). This right
cannot be exercised in his absence.
THE METHODS OF ATTENDANCE
(CPA)

 The CPA lists a number of methods that are used in practice to secure
the attendance of an accused in court. These methods are contained in
section 38(1) of the CPA, it provides that “the methods of securing the
attendance of an accused who is eighteen years or older in court for
the purposes of his or her trial shall be arrest, summons, written notice
and indictment in accordance with the relevant provisions of this Act.”
 The above methods are not closed list. Bail and warning are also other
methods used for securing attendance but are still not listed in the CPA
but in the common law.
ARREST AS A METHOD OF
ATTENDANCE

 “It is trite even in common law that the purpose of arrest is to ensure that the
suspect will be in court to answer to a charge.” Macdonald v Khumalo.
 “The purpose of arrest is to bring before court for trial persons suspected of
having committed offences. Arrest is not the only means of achieving this
purpose, nor always the best. Arrest may never be used to punish a suspect.”
S v Walters (CC/2002).
 Arrest is the most drastic method used in practice. This is because it
has several implications on the Bill of Rights.
SUMMONS AS A METHOD OF
ATTENDANCE

 A charge is drawn by the prosecutor and issued by the Clerk (Registrar


in High Court). Issuing of summons means it is made an official
document by stamping and allotting a number on it. It then is served
by the messenger of the court or Police Offer to the accused person ito
section 329 of the CPA.
 The service of summons must take place at least14 days before the
accused person can appear in court. If the accused fails to appear to
court he will be charged for contempt of court if there is no just excuse.
Lastly, the court may issue a warrant of arrest.
WRITTEN NOTICE AS A METHOD OF
ATTENDANCE

 This is issued and handed directly to the accused by peace officers. It is


used in respect of minor offences such as those that are below the
amount determined by the minister from time to time (R5000
currently). If the peace officer is of the view that if the accused person
is convicted he will not be fined anything exceeding R5000, then that
peace officer may resort to the use written notice to appear. Notices
are allowed ito section 56 of the CPA.
 The notice specifies the date and time to appear in court and the
charge. It must also provide for admission of guilt fine ito section 57 of
the CPA. If he pays, there is no need to appear in court. The purpose of
this admission of guilt fine is to expedite the course of justice in the
case of minor offences
INDICTMENT AS A METHOD OF
ATTENDANCE

 This is dealt with in the HC/superior court as provided for in section 144
of the CPA. At a trial in a superior court the charge is contained
in a document known as indictment. This document (indictment)is
drawn by the DPP. It contains the names, address, sex,
nationality, and the age of the accused person. It also
contains the summary of the substantial facts of the case and list of
the names and addresses of the state witnesses [144(1)]. This
must be served to the accused at least 10 days before he is expected
to appear in court.
BAIL AND WARNING AS METHODS OF
ATTENDANCE

 The Constitutional Court in S v Dlamini held that “The interests of


justice in regard to the grant or refusal of bail therefore do focus
primarily on securing the attendance of the accused at trial and
on preventing the accused from interfering with the proper
investigation and prosecution of the case.”
 Regarding warnings, section 187 of the CPA allows the court to warn a
witness or any person to attend the court proceedings on a specific
date and to remain in attendance. Any person may include the accused.
EXCEPTIONS TO THE PRESENCE
PRINCIPLE

 Section 195 of the CPA allows the proceedings to be conducted in the


absence of the accused under strict circumstances. Such as where the
conduct of the accused makes it impractical for the court to proceed in
his presence, when there is a funeral of someone related to the
accused, when the accused is not in good health or when the accused
waives his right in terms of section 35(3)(e) of the Constitution.
 When the accused admits guilt and pays a fine in terms of section 57
and 57A of the CPA. His presence is no longer needed.
THE END
PRE-TRIAL STAGE

You might also like