CRIMINAL PROCEDURE ACT 51 OF 1977 - RTIA

1 CRIMINAL PROCEDURE ACT 51 OF 1977 [ASSENTED TO 21 APRIL 1977 ] [DATE OF COMMENCEMENT: 22 JULY 1977 ] (Afrikaans text signed by the State President) as amended by CRIMINAL PROCEDURE Matters Amendment Act 79 of 1978 CRIMINAL PROCEDURE Amendment Act 56 of 1979 CRIMINAL PROCEDURE Amendment Act 64 of 1982 Appeals Amendment Act 105 of 1982 CRIMINAL Law Amendment Act 59 of 1983 CRIMINAL PROCEDURE Matters Amendment Act 109 of 1984 Immorality and Prohibition of Mixed Marriages Amendment Act 72 of 1985 CRIMINAL PROCEDURE Amendment Act 33 of 1986 Special Courts for Blacks Abolition Act 34 of 1986 Transfer of Powers and Duties of the State President Act 97 of 1986 CRIMINAL

2 PROCEDURE Amendment Act 26 of 1987 Law of Evidence and the CRIMINAL PROCEDURE Amendment Act 103 of 1987 Law of Evidence Amendment Act 45 of 1988 CRIMINAL PROCEDURE Amendment Act 8 of 1989 CRIMINAL Law and CRIMINAL PROCEDURE Act Amendment Act 39 of 1989 Judicial Matters Amendment Act 77 of 1989 CRIMINAL Law Amendment Act 107 of 1990 CRIMINAL PROCEDURE Amendment Act 5 of 1991 Transfer of Powers and Duties of the State President Act 51 of 1991 Correctional Services and Supervision Matters Amendment Act 122 of 1991 CRIMINAL Law Amendment Act 135 of 1991 CRIMINAL Law Amendment Act 4 of 1992 Prevention and Treatment of Drug Dependency Act 20 of 1992 Attorney-General Act 92 of 1992 CRIMINAL Law Second Amendment Act 126 of 1992 General Law Amendment Act 139 of 1992 CRIMINAL Matters Amendment Act 116 of 1993 General Law Third Amendment Act 129 of 1993 General Law Fifth Amendment Act 157 of 1993 General Law Sixth Amendment Act 204 of 1993 CRIMINAL PROCEDURE Second Amendment Act 75 of 1995 Justice Laws Rationalisation Act 18 of 1996 General Law

3 Amendment Act 49 of 1996 International Co-operation in CRIMINAL Matters Act 75 of 1996 CRIMINAL PROCEDURE Second Amendment Act 85 of 1996 CRIMINAL PROCEDURE Amendment Act 86 of 1996 Abolition of Restrictions on the Jurisdiction of Courts Act 88 of 1996 Abolition of Corporal Punishment Act 33 of 1997 CRIMINAL PROCEDURE Amendment Act 76 of 1997 CRIMINAL PROCEDURE Second Amendment Act 85 of 1997 Parole and Correctional Supervision Amendment Act 87 of 1997 CRIMINAL Law Amendment Act 105 of 1997 National Prosecuting Authority Act 32 of 1998 Judicial Matters Amendment Act 34 of 1998 CRIMINAL Matters Amendment Act 68 of 1998 Maintenance Act 99 of 1998 2 Correctional Services Act 111 of 1998 Witness Protection Act 112 of 1998 Domestic Violence Act 116 of 1998 Judicial Matters Second Amendment Act 122 of 1998 Judicial Matters Amendment Act 62 of 2000 CRIMINAL PROCEDURE Amendment Act 17 of 2001 Judicial Matters Amendment Act 42 of 2001 CRIMINAL PROCEDURE Second Amendment Act 62 of 2001 Implementation of the Rome Statute of the

4 International CRIMINAL Court Act 27 of 2002 Judicial Matters Amendment Act 55 of 2002 Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 CRIMINAL PROCEDURE Amendment Act 42 of 2003 Judicial Matters Second Amendment Act 55 of 2003 Prevention and Combating of Corrupt Activities Act 12 of 2004 Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004 Judicial Matters Amendment Act 22 of 2005 CRIMINAL Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 CRIMINAL Law (Sentencing) Amendment Act 38 of 2007 CRIMINAL PROCEDURE Amendment Act 65 of 2008 Judicial Matters Amendment Act 66 of 2008 Child Justice Act 75 of 2008 Regulations under this Act EXPUNGEMENT OF CRIMINAL RECORDS (GN R513 in GG 32205 of 6 May 2009) DESIGNATION OF A BODY FOR THE PURPOSES OF SECTION 212 (4) (a) AND (8) (a) (GN R889 in GG 26603 of 30 July 2004)

5 DIRECTIVES REGARDING COMPLAINANT PARTICIPATION IN CORRECTIONAL SUPERVISION AND PAROLE BOARDS (GN R248 in GG 28646 of 7 April 2006) PERSONS OR CATEGORIES OR CLASSES OF PERSONS WHO ARE COMPETENT TO BE APPOINTED AS INTERMEDIARIES (GN R1374 in GG 15024 of 30 July 1993) REQUIREMENTS AND CERTIFICATE FOR PEACE OFFICERS (GN R210 in GG 23144 of 19 February 2002) REGULATIONS PRESCRIBING THE TARIFF OF ALLOWANCES PAYABLE TO WITNESSES IN CRIMINAL PROCEEDINGS (GN R391 in GG 30953 of 11 April 2008) REGULATIONS PRESCRIBING THE TARIFF OF ALLOWANCES PAYABLE TO PSYCHIATRISTS AND CLINICAL PSYCHOLOGISTS WHO APPEAR AS WITNESSES IN COURT (GN R392 in GG 30953 of 11 April 2008) TARIFF PAYABLE TO A PSYCHIATRIST OR CLINICAL PSYCHOLOGIST FOR AN ENQUIRY INTO THE MENTAL CONDITION OF AN ACCUSED (GN R393 in GG 30953 of 11 April 2008) [NB: S.]

6 45 of the National Prosecuting Authority Act 32 of 1998 reads as follows: 'Any reference in any law to- (a) an attorney-general shall, unless the context indicates otherwise, be construed as a reference to the National Director; and 3 (b) an attorney-general or deputy attorney-general in respect of the area of jurisdiction of a High Court, shall be construed as a reference to a Director or Deputy Director appointed in terms of this Act, for the area of jurisdiction of that Court.'. ] ACT To make provision for procedures and related matters in CRIMINAL proceedings.

7 BE IT ENACTED by the State President, the Senate and the House of Assembly of the Republic of South Africa, as follows:- ARRANGEMENT OF SECTIONS Sections 1 Definitions CHAPTER 1 2-18 PROSECUTING AUTHORITY CHAPTER 2 19-36 SEARCH WARRANTS, ENTERING OF PREMISES, SEIZURE, FORFEITURE AND DISPOSAL OF PROPERTY CONNECTED WITH OFFENCES CHAPTER 3 37 ASCERTAINMENT OF BODILY FEATURES OF ACCUSED CHAPTER 4 38 METHODS OF SECURING ATTENDANCE OF ACCUSED IN COURT CHAPTER 5 39-53 ARREST CHAPTER 6 54-55 SUMMONS CHAPTER 7 56 WRITTEN NOTICE TO APPEAR IN COURT CHAPTER 8 57-57A ADMISSION OF GUILT FINE CHAPTER 9 58-71 BAIL CHAPTER 10 4 72-72A RELEASE ON WARNING CHAPTER 11 73-74 ASSISTANCE TO ACCUSED CHAPTER 12 75-76

8 SUMMARY TRIAL CHAPTER 13 77-79 ACCUSED: CAPACITY TO UNDERSTAND PROCEEDINGS: MENTAL ILLNESS AND CRIMINAL RESPONSIBILITY CHAPTER 14 80-104 THE CHARGE CHAPTER 15 105-109 THE PLEA CHAPTER 16 110-111 JURISDICTION CHAPTER 17 112-114 PLEA OF GUILTY AT SUMMARY TRIAL CHAPTER 18 115-118 PLEA OF NOT GUILTY AT SUMMARY TRIAL CHAPTER 19 119-122 PLEA IN MAGISTRATE'S COURT ON CHARGE JUDICIABLE IN SUPERIOR COURT CHAPTER 19A 122A-122D PLEA IN MAGISTRATE'S COURT ON CHARGE TO BE ADJUDICATED IN REGIONAL COURT CHAPTER 20 123-143 PREPARATORY

9 EXAMINATION CHAPTER 21 144-149 TRIAL BEFORE SUPERIOR COURT CHAPTER 22 150-178 CONDUCT OF PROCEEDINGS CHAPTER 23 179-207 WITNESSES 5 CHAPTER 24 208-253 EVIDENCE CHAPTER 25 254-255 CONVERSION OF TRIAL INTO ENQUIRY CHAPTER 26 256-270 COMPETENT VERDICTS CHAPTER 27 271-273 PREVIOUS CONVICTIONS CHAPTER 28 274-299A SENTENCE CHAPTER 29 300-301 COMPENSATION AND RESTITUTION CHAPTER 30 302-314 REVIEWS AND APPEALS IN CASE OF CRIMINAL PROCEEDINGS CHAPTER 31 315-324 APPEALS IN CASES OF CRIMINAL PROCEEDINGS IN SUPERIOR COURTS CHAPTER 32 325-327 MERCY AND FREE PARDON CHAPTER 33 328-345 GENERAL PROVISIONS Cases DEFINITIONS (s 1) 1 Definitions Cases (1) In this Act, unless the context otherwise indicates- 'aggravating circumstances' , in relation to- (a).

10 [Para. (a) deleted by s. 1 of Act 107 of 1990.] (b) robbery or attempted robbery, means- (i) the wielding of a fire-arm or any other dangerous weapon; 6 (ii) the infliction of grievous bodily harm; or (iii) a threat to inflict grievous bodily harm, by the offender or an accomplice on the occasion when the offence is committed, whether before or during or after the commission of the offence.