Criminal Procedures

Question 1

What is the Criminal Procedure Rule 5.8?

Answer 1

A court officer is able to give information on an ongoing case, or case no later than 6 months. A journalist must cite the Supreme Courts Judgement in Cape Intermediate Holdings.

Question 2

What information can a court officer give under the Criminal Procedure Rule 5.8?

Answer 2

Date of hearing
Alleged offence
Plea
Court’s bail decision, or sending to another court
If a case is under appeal
Outcome
Identities of prosecutor, defendant, lawyers, lawyers addresses, identities of judge/magistrate

Details of other info/older case must be made in writing.

Question 3

What rule details court officers providing information of an ongoing case?

Answer 3

Criminal Procedure Rule 5.8

Question 4

What is Single Justice?

Answer 4

Cases can be held in private.

Question 5

When can a case be held in private?

Answer 5

Summary offences
Penalty cannot be jail term
Defendant 18+ and has pleaded guilty by correspondence
AND has not objected to the case being dealt with in the SJP
OR has not responded to notice of prosecution.

Question 6

What does Single Justice say about gathering info after a case?

Answer 6

Journalists can get access to info up to 6 months after case in addition to information under the CPR rule 5.8 - a copy of the prosecution ‘statement of facts’, copy of each witness statement, and defence representations made in mitigation

Question 7

Which rule upholds that cases can be held in private?

Answer 7

Single Justice

Question 8

What is the Procedure Rule 5.4C?

Answer 8

Gives access to details of a civil case

Question 9

Which rule gives access to details of a civil case?

Answer 9

Procedure Rule 5.4C

Question 10

What details does the Procedure Rule 5.4C allow?

Answer 10

Statement of case, including claim form, particulars of claim, defence, counter claims and judgement, if the case is held in open court

Question 11

What are the coroners rules of inquests?

Answer 11

Public, unless issue of national security.
Evidence can be given in written form if not disputed, and if witness cannot attend - Coroner should announce witness’s name and nature of evidence.
Journalists should be allowed to inspect or make a copy of any written evidence.

Question 12

Which rules govern inquests?

Answer 12

Coroners Rules