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About this publication

Students will find this book invaluable in their study of Criminal Procedure. It introduces readers to the fundamental principles and values underlying this field of law and guides them systematically through the rules of procedure that apply in criminal cases.

About the Authors

Professor J P Swanepoel (former state advocate with considerable experience in the field of criminal litigation) and Professor J J Joubert are both retired members of the Department of Criminal and Procedural Law of the University of South Africa. Professor S S Terblanche (formerly a magistrate) is a member of the Department of Criminal and Procedural Law of the University of South Africa and has contributed extensively to the field of sentencing. Professor S E van der Merwe was a professor in Public Law at the University of Stellenbosch and has written widely on topics forming part of this branch of law. Professor G P Kemp is a member of the Department of Public Law of the University of Stellenbosch and his publications on criminal justice often refer to aspects of his field of specialisation, the international criminal law. Professor D Ally is the Head of the Department of Law at the Tshwane University of Technology and has written a number of articles in the field of criminal procedure, with a specific focus on the impact of the Constitution on criminal procedure. Dr M T Mokoena is the Head of the Department of Criminal and Procedural Law at the University of South Africa and has published contributions to criminal procedure, notably on bail.

Content

• Preface
• Table of cases
• Part I: Selected general principles of the law of criminal procedure
  • A basic introduction to criminal procedure
  • The criminal courts of the Republic of South Africa
  • The prosecution of crime
  • The right to legal assistance
  • The accused: His or her presence as a party
• Part ii: The criminal process
  • Phase one: pre-trial criminal procedure
    • The exercise of powers and the vindication of individual rights
    • Securing the attendance of the accused at the trial
    • Interrogation, interception and establishing the bodily features of persons
    • Search and seizure
    • Bail and other forms of release
    • Pre-trial examinations
  • Phase two: the trial
    • Indictments and charge sheets
    • The trial courts
    • Arraignment and plea of an accused
    • Miscellaneous matters relating to the trial
    • Joinder and separation of trials
    • Trial principles and the course of the criminal trial
    • The verdict
  • Phase three: the sentence
    • The sentence
  • Phase four: post-verdict and post-sentence remedies
    • Review
    • Appeal
    • Clemency and other relevant aspects
• Appendices
  • Schedules to the Criminal Procedure Act
  • Selected sections of the Constitution of the Republic of South Africa
• References
  • References to the Criminal Procedure Act
  • References to the Child Justice Act
  • References to the Constitution of the Republic of South Africa 1996
  • References to the Superior Courts Act
• Subject index