SUBJECT 4.1 Flashcards
(12 cards)
What is the general rule regarding the attendance of the accused in court?
The accused must be present in their trial>sec 34+35 provides for the right to a public trial +for the accused to be present when tried
Exceptions
How does the trial continue when the accused misbehvaes?
sec 159-where the accused behaviour affects proceedings-the court can order the trail to proceed in the absence of the accused
-Measure of last resort
Exceptions
How does the trial continue when the co-accused is absent?
sec 159-Trial continues if the physical condition of the accused is such that they are unable to attend/family meber is ill or has died
-proceedings will continue for the absent accused from their point of absence+they will be given an opportunity to lead evidence and close their case
Exceptions
How does evidence given by way of CCTV allow for continuance of the trial?
sec 158-Allow an accused to give evidence by way of CCTV if it will prevent unreasonable delay,save costs,be convenient, interests of state security and prevent prejudice if they testify at proceedings
Exceptions
How does an admission of guilt allow for continuance of proceedings in absence of the accused?
Sec 57- A Prosecutor issues summons for accused to appear at court if they believe on reasonable grounds that a MC won’t impose a fine of R10 000+ & endorse the summons to the effect that the accused admits their guilt by paying the fine
Sec 57A-operates in same way as sec 57 but there is not initial endorsement and accused must appear in court+persuade court to grant an endorsement +AOG
Exceptions
How do Audiovisual link postponments allow for continuance of trial in accused’s absence?
Sec 159A-Accused must be atleast 18yrs+ it cannot be their first offence + accused appears before court by audiovisual link & is deemed to be in court
What are compunding offences ito sec 341?
Offender is issued with a sec 341 notice and pays an amount to not be prosecuted for minor offences + is usually used in instances of traffic violations or offence regarding local authorities
Reasonableness
What are the interpretations of reasonableness?
1.There exist reasonable grounds
2.Grounds are available facts
3.Determine which facts are sufficient to warrant a belief
4.Reasonable person would have the same beliefs
5.Reasonable grounds exist if a person really belives it, the belief is on certain grounds & any person would have the same belief
Securing an accused’s attendance
How do sec 54 summons secure an accused’s attendance?
-Used in a summary trial+where the accused won’t abscond
-prosecutor draws up the charge
-clerk prepare sthe summons which contains the info, name,address,job of accused
-summons has date and time for court appearance
-summons handed to sheriff for delivery+delivered at accused’s residen, place of busines/served on any person above 16years
-served 14 days before trial date
-Summons can contain an AOG but it is not a requirement
Securing an accuseds attendance
How do sec 56 written notice secure an accused’s attendance?
Peace officer believes a MC on convicting the accused won’t impose a fine above R5000 issue a WN
-contains a sec 57 endorsement
-specifies name,address,occupation of accused
-accused must appear at place,date and time in WN
-certificate that peace officer handed WN to accused
Securing an accused’s attendance
How do sec 144 Indictment secure an accused’s attendance?
Charges of a trial in HC are in an indictment+DPP must sign the indictment
-Contains the name,address,sex,age, nationailty of accused+summary of case facts+names+adreesses of state witnesses and what they will testify to
-Served 10 days before trial date + return of service is proof of serving the indictment
What are the consequences of failing to appear after being issued with a warrant?
sec 55- Accused must convince the court that it is not their fault that they failed to appear otherwise they will be convicted of an offence and be fined R300/3 months imprisonment
