CRIMINAL PROCEDURE ACT 51 OF 1977 - WIPO

1 Copyright Juta & Company Limited Legislation updated to: 29 October 2010 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 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

2 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 Amendment Act 49 of 1996 International Co-operation in CRIMINAL Matters Act 75 of 1996 CRIMINAL PROCEDURE Second Amendment Act 85 of 1996 Copyright Juta & Company Limited 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 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 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

3 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 also amended by CRIMINAL Law (Forensic procedures ) Amendment Act 6 of 2010 [with effect from a date to be proclaimed - see PENDLEX] Regulations under this Act DECLARATION OF PEACE OFFICERS IN TERMS OF SECTION 334 (2002) (GN R209 in GG 23143 of 19 February 2002) DECLARATION OF PEACE OFFICERS IN TERMS OF SECTION 334 (2004) (GN R1463 in GG 27113 of 17 December 2004) DECLARATION OF PEACE OFFICERS IN TERMS OF SECTION 334 (2008) (GN 275 in GG 30856 of 7 March 2008) DESIGNATION OF CORRECTIONAL FACILITIES IN TERMS OF SECTION 159B(2) (GN R868 in GG 33605 of 1 October 2010) DIRECTIVES REGARDING COMPLAINANT PARTICIPATION IN CORRECTIONAL SUPERVISION AND PAROLE BOARDS (GN R248 in GG 28646 of 7 April 2006) Copyright Juta & Company Limited DESIGNATION OF A BODY FOR THE PURPOSES OF SECTION 212(4)(a) AND (8)(a) (GN R889 in GG 26603 of 30 July 2004) EXPUNGEMENT OF CRIMINAL RECORDS (GN R513 in GG 32205 of 6 May 2009) PERSONS OR CATEGORIES OR CLASSES OF PERSONS WHO ARE COMPETENT TO BE APPOINTED AS INTERMEDIARIES (GN R1374 in GG 15024 of 30 July 1993) 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)

4 REGULATIONS PRESCRIBING THE TARIFF OF ALLOWANCES PAYABLE TO WITNESSES IN CRIMINAL PROCEEDINGS (GN R391 in GG 30953 of 11 April 2008) REQUIREMENTS AND CERTIFICATE FOR PEACE OFFICERS (GN R210 in GG 23144 of 19 February 2002) 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. 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 (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.

5 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 Copyright Juta & Company Limited CHAPTER 7 56 WRITTEN NOTICE TO APPEAR IN COURT CHAPTER 8 57-57A ADMISSION OF GUILT FINE CHAPTER 9 58-71 BAIL CHAPTER 10 72-72A RELEASE ON WARNING CHAPTER 11 73-74 ASSISTANCE TO ACCUSED CHAPTER 12 75-76 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 EXAMINATION CHAPTER 21 144-149 TRIAL BEFORE SUPERIOR COURT CHAPTER 22 150-178 CONDUCT OF PROCEEDINGS CHAPTER 23 179-207 WITNESSES Copyright Juta & Company Limited 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

6 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 DEFINITIONS (s 1) 1 Definitions (1) In this Act, unless the context otherwise indicates- 'aggravating circumstances', in relation to- (a) .. [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; (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; 'bank' means a bank as defined in section 1 of the Banks Act, 1990 (Act 94 of 1990), and includes the Land and Agricultural Bank of South Africa referred to in section 3 of the Land Bank Act, 1944 (Act 13 of 1944), and a mutual building society Copyright Juta & Company Limited as defined in section 1 of the Mutual Building Societies Act, 1965 (Act 24 of 1965); [Definition of 'bank' substituted by s.]

7 1 (a) of Act 5 of 1991 and by s. 38 of Act 129 of 1993.] 'charge' includes an indictment and a summons; 'Commissioner', means the Commissioner of Correctional Services as defined in section 138 of the Correctional Services Act, 1998, or a person authorized by him or her; [Definition of 'Commissioner' inserted by s. 35 of Act 122 of 1991 and substituted by s. 137 of Act 111 of 1998.] 'correctional official' means a correctional official as defined in section 1 of the Correctional Services Act, 1998; [Definition of 'correctional official' inserted by s. 35 of Act 122 of 1991 and substituted by s. 137 of Act 111 of 1998.] 'correctional supervision' means a community based sentence to which a person is subject in accordance with Chapter V and VI of the Correctional Service Act, 1998, and the regulations made under that Act if- (a) he has been placed under that section 6 (1) (c); (b) it has been imposed on him under section 276 (1) (h) or (i) and he, in the latter case, has been placed under that; (c) his sentence has been converted into that under section 276A (3) (e) (ii), 286B (4) (b) (ii) or 287 (4) (b) or he has been placed under that section 286B (5) (iii) or 287 (4) (a); (d) it is a condition on which the passing of his sentence has been postponed and he has been released under section 297 (1) (a) (i) (ccA); or (e) it is a condition on which the operation of- (i) the whole or any part; or (ii) any part, of his sentence has been suspended under section 297 (1) (b) or (4), respectively.

8 [Definition of 'correctional supervision' inserted by s. 35 of Act 122 of 1991, amended by s. 16 of Act 116 of 1993 and substituted by s. 137 of Act 111 of 1998.] ' CRIMINAL proceedings' includes a preparatory examination under Chapter 20; 'day' means the space of time between sunrise and sunset; 'justice' means a person who is a justice of the peace under the provisions of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act 16 of 1963); 'law' .. [Definition of 'law' deleted by s. 1 of Act 49 of 1996.] 'local division' means a local division of the Supreme Court established under the Supreme Court Act, 1959 (Act 59 of 1959); 'lower court' means any court established under the provisions of the Magistrates' Courts Act, 1944 (Act 32 of 1944); 'magistrate' includes an additional magistrate and an assistant magistrate but not a regional magistrate; 'magistrate's court' means a court established for any district under the Copyright Juta & Company Limited provisions of the Magistrates' Courts Act, 1944 (Act 32 of 1944), and includes any other court established under such provisions, other than a court for a regional division; 'Minister' means the Minister of Justice; 'night' means the space of time between sunset and sunrise; 'offence' means an act or omission punishable by law.

9 'peace officer' includes any magistrate, justice, police official, correctional official as defined in section 1 of the Correctional Services Act, 1959 (Act 8 of 1959), and, in relation to any area, offence, class of offence or power referred to in a notice issued under section 334 (1), any person who is a peace officer under that section; [Definition of 'peace officer' amended by s. 4 of Act 18 of 1996.] 'police official' means any member of the Force as defined in section 1 of the Police Act, 1958 (Act 7 of 1958), and 'police' has a corresponding meaning; [Definition of 'police official' substituted by s. 1 (b) of Act 5 of 1991.] 'premises' includes land, any building or structure, or any vehicle, conveyance, ship, boat or aircraft; 'province' .. [Definition of 'province' deleted by s. 1 of Act 49 of 1996.] 'provincial administration' .. [Definition of 'provincial administration' deleted by s. 1 of Act 49 of 1996.] 'provincial division' means a provincial division of the Supreme Court established under the Supreme Court established under the Supreme Court Act, 1959 (Act 59 of 1959); 'regional court' means a court established for a regional division under the provisions of the Magistrates' Courts Act, 1944 (Act 32 of 1944).

10 'regional magistrate' means a magistrate appointed under the provisions of the Magistrates' Courts Act, 1944 (Act 32 of 1944), to the court for a regional division; 'Republic' .. [Definition of 'Republic' deleted by s. 1 of Act 49 of 1996.] 'rules of court' means the rules made under section 43 of the Supreme Court Act, 1959 (Act 59 of 1959), or under section 6 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985); [Definition of 'rules of court' substituted by s. 1 (c) of Act 5 of 1991.] 'special superior court' .. [Definition of 'special superior court' deleted by s. 7 of Act 62 of 2000.] 'State' .. [Definition of 'State' deleted by s. 1 of Act 49 of 1996.] 'superior court' means a provincial or local division of the Supreme Court established under the Supreme Court Act, 1959 (Act 59 of 1959); 'supreme court' means the Supreme Court of South Africa established under the Supreme Court Act, 1959 (Act 59 of 1959); 'territory'.