Procedural explanations and choices: The …

13 Procedural explanations and choices: The undefended accused in a minefieldDEON ERASMUSS enior Lecturer of Law, Faculty of Law, Nelson Mandela Metropolitan University1 INTRODUCTIONThe South African Criminal trial process is governed by the provisions of the Criminal Procedure In essence a criminal trial is conducted through the medium of the spoken word and is therefore essentially oral in According to Steytler3 the key element of an adversarial trial is its the first appearance, of an undefended accused,4 in court, until the imposition of a sentence in the event of a conviction, explanations are directed at the accused by the presiding officer.

15 PROCEDURAL EXPLANATIONS AND CHOICES 2006 to 2007.19 From the court roll coverage project the following statistics regarding undefended accused are relevant to the current discussion: • In the District Court, the vast majority of accused are unrepresented at

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