Criminal Procedural Law and Criminal Trial Processes Introduction

Criminal Procedural Law and Criminal Trial Processes Introduction 2021 -03 -06 A G Bradshaw Session 1 1

South African Court System 2021 -03 -06 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 2021 -03 -06 A G Bradshaw Session 1 3

Whose who in the High Court? Public Gallery Court Orderly Accused Judge Legal Representative s 2021 -03 -06 Judges Clerk A G Bradshaw Session 1 Assessors 4

Whose who in the Supreme Court of Appeal? Judges of Appeal Legal Representatives 2021 -03 -06 A G Bradshaw Session 1 Legal Representatives 5

Whose who in the Constitutional Court? Constitutional Court Judges' Clerks Legal Representatives 2021 -03 -06 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 2021 -03 -06 A G Bradshaw Session 1 7

2021 -03 -06 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 2021 -03 -06 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 2021 -03 -06 A G Bradshaw session 3 T R I A L 10

Procedure at Trial State Puts charge/s to the Accused Pleads to charge Witnesses are cross examined Defence call witnesses/leads evidence State Closes Case Witnesses are cross examined State reexamines witnesses 2021 -03 -06 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 2021 -03 -06 A G Bradshaw Session 1 12