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Offence Jurisdiction of Magistrates’ Courts

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12 Questions

What is the maximum period of imprisonment a district court can impose?

3 years

Which court has sentencing jurisdiction for imposition of life imprisonment?

Regional court

According to the Constitution, which court is the apex court in South Africa?

Constitutional Court

What type of cases can the Constitutional Court hear?

Both constitutional and non-constitutional matters

Which court can try all offences except treason in a summary trial?

Regional court

What is the maximum fine amount a regional court can impose?

R600,000

What is the key difference between a summary trial and a preparatory examination?

In a summary trial, the accused is charged, tried, and convicted or found not guilty.

What happens to the evidence heard in a preparatory examination?

It is sent to the Director of Public Prosecutions for a final decision on prosecution.

Why has the preparatory examination largely fallen into disuse?

Because all magistrate level offences are now tried by way of summary trial procedures.

When is a preparatory examination still utilized?

In extradition proceedings.

What type of offences are presently tried by way of summary trial procedures in a district or regional court?

All offences except treason, murder, and rape.

What role does a magistrate play in an extradition inquiry according to the Extradition Act?

They forward evidence to the Director of Public Prosecutions for decision on prosecution.

Learn about the dual role of magistrates’ courts in holding summary trials and preparatory examinations for criminal offenses. Understand the process of charging, trying, and convicting or acquitting the accused in summary trials, and the role of forwarding evidence to the Director of Public Prosecutions in preparatory examinations.

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