Criminal Procedure Act Overview

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Questions and Answers

Under what condition is it permissible to take fingerprints upon an arrest?

Only for violent crimes

For any charge that is not serious

When the suspect is a child

Upon the arrest of any charge (correct)

What must occur with fingerprints upon conviction of an adult?

They must undergo a quality analysis.

They must be stored indefinitely. (correct)

They may only be used for civil cases.

They may be deleted from the database immediately.

In what scenario are fingerprints allowed to be destroyed?

When a person is convicted

If the prosecution declines to prosecute (correct)

After a comparative search is complete

When a suspect admits guilt

Which of the following is NOT a valid reason for retaining fingerprints?

For civil litigation purposes Signup and view all the answers

Who is permitted to take a buccal sample according to the stated regulations?

An authorized person or registered nurse Signup and view all the answers

When may fingerprints be retaken?

When the previous set lacks quality or completeness Signup and view all the answers

What must be true for a police official to take fingerprints without a warrant?

There must be reasonable grounds for suspicion of an offence Signup and view all the answers

For what purpose are fingerprints retained on the database?

For the detection and investigation of crimes Signup and view all the answers

Which of the following offences is explicitly mentioned in the context of the Corruption Act 92 of 1994?

Genocide, crimes against humanity and war crimes Signup and view all the answers

What does Section 20 of the provisions state regarding the State's ability to seize articles?

The state can seize items believed to be used for the commission of any offence. Signup and view all the answers

Which of the following represents an offence under the Prevention and Combating of Trafficking in Persons Act, 2003?

Involvement in trafficking activities Signup and view all the answers

Which legislative act addresses the issue of torture according to the content provided?

Prevention and Combating of Torture of Persons Act Signup and view all the answers

What is required for the state to justify the seizure of an item under Section 20?

There must be reasonable grounds believing the item is connected to an offence. Signup and view all the answers

Which category of crimes is NOT included under the offences referenced in section 8?

Crimes of passion Signup and view all the answers

What does Section 19 clarify regarding the powers conferred by other laws?

It affirms that other laws may allow for searches and seizures. Signup and view all the answers

Which of the following describes the nature of the assessment for reasonableness in suspicion stated in this context?

It is an objective assessment considering all available facts. Signup and view all the answers

Under what circumstances may an arrestor use deadly force against a suspect?

If the suspect poses a threat of serious violence or is suspected of a serious crime with no reasonable means of arrest. Signup and view all the answers

What is the maximum time allowed for an arrested person to be brought before a lower court if not released?

48 hours Signup and view all the answers

What step must be taken as soon as possible after an arrest is made?

Bring the suspect to a police station or specified location. Signup and view all the answers

What should an arrested person be informed of as soon as reasonably possible?

Their right to institute bail proceedings. Signup and view all the answers

Which of the following actions does NOT justify the use of force by an arrestor?

The suspect merely complies with arrest procedures. Signup and view all the answers

What is the consequence for a person who provides false information leading to a search warrant, if convicted of perjury?

They may be awarded compensation for their actions. Signup and view all the answers

Under what condition can stolen property be returned to the person from whom it was seized?

If the person from whom it was seized consents. Signup and view all the answers

What requirement must be upheld during the search of a woman by police?

Only a designated woman can conduct the search. Signup and view all the answers

What happens to articles if no criminal proceedings are instituted regarding them?

They will be forfeited to the State if no lawful possessor is found. Signup and view all the answers

In the event that a person has suffered damages due to unlawful entry or search, who can apply for compensation?

Any person affected by the unlawful entry. Signup and view all the answers

What is the protocol for handling perishable goods seized by the police?

They may be disposed of as circumstances require. Signup and view all the answers

When can articles seized but not required for criminal proceedings be returned?

If the article is lawfully possessed by the original owner. Signup and view all the answers

What principle must be applied during a search of any premises according to the guidelines?

Decency and order must be strictly observed. Signup and view all the answers

What is the significance of an accused's voluntary appearance in court as established in S v Swart?

It allows the court to have full jurisdiction over the accused's person. Signup and view all the answers

According to the provisions of section 38, what is stated about its nature?

It is intended to be flexible in directing how attendance is secured. Signup and view all the answers

What must happen at the time of an arrest according to section 39?

The arrested person must be informed of the cause of the arrest. Signup and view all the answers

What does the effect of an arrest entail based on section 39?

The arrested person is in lawful custody until they are released lawfully. Signup and view all the answers

In what situation can an arrest be made without a warrant as per section 39?

If the accused voluntarily submits to custody. Signup and view all the answers

What is required to be done if an arrest is made under a warrant?

A copy of the warrant must be handed to the arrested person upon request. Signup and view all the answers

What impact does section 39 have on an arrest made by an officer?

It specifies the method for lawful custody after the arrest. Signup and view all the answers

Which of the following best describes an arrest without a warrant based on the provided content?

It can occur without touching the individual if they comply. Signup and view all the answers

Study Notes

Offences referred to in section 18 of the Criminal Procedure Act 51 of 1977

Offences listed under the Corruption Act 92 of 1994, Prevention and Combating of Corrupt Activities Act 12 of 2004, the Prevention and Combating of Trafficking in Persons Act, 2003, and the Prevention and Combating of Torture of Persons Act, 2013.
Sexual offences as defined by common law or statute
Genocide, crimes against humanity and war crimes, as defined in the Implementation of the Rome Statute of the International Criminal Court Act, 2002.

Section 19 - Saving as to Certain Powers Conferred by Other Laws

The provisions in Chapter 2 of the Criminal Procedure Act do not limit the powers granted by other laws for entering premises, searching people or properties, or seizing, forfeiting or disposing of any matter.

Section 20 - State may seize Certain Articles

The State may seize articles relevant to an offence, whether committed within South Africa or internationally.
Articles that afford evidence of an offence may be seized.
Articles intended for or suspected to be used in the commission of an offence may be seized.

Section 21 - Search Warrant

A search warrant allows authorities to search people, containers or premises and seize relevant objects.
Search warrants must be obtained from a court based on reasonable grounds.
If false information is provided for a search warrant, the court may issue a compensation order against the person who provided the false information.

Section 29 - Search to be Conducted in a Decent and Orderly Manner

Searches must be conducted with respect for decency and order.
Female individuals must be searched by female officials.

Section 30 - Disposal by Police Officials of Articles After Seizure

Articles seized in accordance with Section 20 are disposed of according to specific procedures.
Perishable goods are disposed of as the circumstances require.
Stolen property or property believed to be stolen may be returned to the original owner if the current possessor consents.
If consent is refused or the original owner is unclear, the article is identified and kept in police custody.

Section 31 - Disposal of Articles Where No Criminal Proceedings are Instituted or Where It Is Not Required for Criminal Proceedings

Articles seized under section 30(c) are returned to the lawful owner if no criminal proceedings are initiated or the article is not needed for evidence or court orders.
If no lawful owner can be identified, the article is forfeited to the State.

Section 36 - Fingerprints

Fingerprints may be taken upon arrest or when guilt is admitted for a designated offense.
Fingerprints are stored on the South African Police Service fingerprint database.
Fingerprints can be retaken if the initial prints are incomplete, of poor quality, or cannot be found.
Fingerprints are subject to a comparative search.
Upon conviction of an adult, fingerprints must be retained and can be used to establish previous convictions.
Child fingerprints are retained, but subject to expungement in accordance with legal provisions.
Fingerprints are typically destroyed if prosecution is declined or a person has been acquitted.
Retained fingerprints can be used for crime detection, investigation, missing person identification, human remains identification, and prosecution.

Section 36C - Fingerprints and Body-Prints for Investigation Purposes

Police officials may take fingerprints or body-prints without a warrant if there are reasonable grounds to suspect an individual committed a scheduled offense and the prints are likely to be useful in identifying or excluding the suspect.
Fingerprints are subject to a comparative search, and retention follows the principles outlined in Section 36.

Section 36D - Powers in Respect of Buccal Samples, Bodily Samples, and Crime Scene Samples

Authorized personnel may take buccal samples or other bodily samples from individuals arrested or released on bail for a scheduled offense, those summoned to court for a scheduled offense, individuals on the National Register for Sex Offenders.
In the case of voluntary court appearance, the court retains jurisdiction over the individual.

Section 39 - Manner and Effect of Arrest

An arrest can be made with or without a warrant.
An arrest is effected by touching the individual or forcibly confining them.
The arrested individual must be informed of the reason for their arrest.
A copy of the warrant must be provided upon request.
When an arrest is made, the individual is considered in lawful custody and detained until lawfully discharged or released.
If an individual resists arrest or flees, the arresting officer may use reasonable force to effect the arrest.
Deadly force may be used if the individual poses a threat of serious violence, or if they are reasonably believed to have committed a serious violent crime and no other means of arrest are available.

Section 50 - Procedure After Arrest

All arrested individuals must be taken to a police station or designated location as soon as possible.
Individuals in detention must be informed of their right to bail proceedings.
Unless released due to no charges being filed or bail not being granted, individuals must be brought before a lower court within 48 hours of their arrest.

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Description

Explore the key provisions and offences outlined in the Criminal Procedure Act of 1977, including aspects of corruption, trafficking, and serious crimes like genocide. Understand the powers granted to the state and the implications of these laws in practice. Test your knowledge on the specific sections relevant to criminal justice.