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What may happen if the court is satisfied that the summons had been properly served and the accused fails to attend?
What may happen if the court is satisfied that the summons had been properly served and the accused fails to attend?
Under what condition may a police official not arrest the accused despite a warrant of arrest being issued?
Under what condition may a police official not arrest the accused despite a warrant of arrest being issued?
What is the maximum punishment for failing to appear on summons if the court finds the accused at fault?
What is the maximum punishment for failing to appear on summons if the court finds the accused at fault?
What does section 55(2A) of the CPA allow the court to do regarding the warrant of arrest?
What does section 55(2A) of the CPA allow the court to do regarding the warrant of arrest?
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What differentiates section 55(2)(a) from section 55(2)(b) regarding the accused being released on warning?
What differentiates section 55(2)(a) from section 55(2)(b) regarding the accused being released on warning?
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What must occur before a summons can be served to the accused?
What must occur before a summons can be served to the accused?
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What is true about the delivery of a summons if the accused cannot be located?
What is true about the delivery of a summons if the accused cannot be located?
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Which of the following is NOT a method of securing the accused's attendance at court?
Which of the following is NOT a method of securing the accused's attendance at court?
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How many days in advance must a summons be served before the trial commences?
How many days in advance must a summons be served before the trial commences?
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What is required for a summons to be validly served on a minor?
What is required for a summons to be validly served on a minor?
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What action may the prosecutor take if there is evidence the accused will attempt to defeat justice after a summons has been served?
What action may the prosecutor take if there is evidence the accused will attempt to defeat justice after a summons has been served?
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Under what circumstance can a summons be served on a minor without a parent or guardian?
Under what circumstance can a summons be served on a minor without a parent or guardian?
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What is included in the summons prepared by the clerk of the court?
What is included in the summons prepared by the clerk of the court?
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Which statement about the service of a telegraphic summons is accurate?
Which statement about the service of a telegraphic summons is accurate?
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What must a peace officer include in the written notice to appear?
What must a peace officer include in the written notice to appear?
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What occurs if the accused fails to appear after the summons has been served?
What occurs if the accused fails to appear after the summons has been served?
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What differentiates a summons from a written notice to appear?
What differentiates a summons from a written notice to appear?
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What must happen within 24 hours if a summons is served on a minor?
What must happen within 24 hours if a summons is served on a minor?
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If an accused person is in custody when receiving a written notice to appear, what is the consequence?
If an accused person is in custody when receiving a written notice to appear, what is the consequence?
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What information must a written notice to appear provide regarding the accused?
What information must a written notice to appear provide regarding the accused?
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What must occur if the parent or guardian is not available when a summons is served?
What must occur if the parent or guardian is not available when a summons is served?
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What is the maximum period a person can be detained by a police officer for providing false details?
What is the maximum period a person can be detained by a police officer for providing false details?
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Which of the following is a valid reason for a private person to arrest someone without a warrant?
Which of the following is a valid reason for a private person to arrest someone without a warrant?
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What may happen if a person fails to provide their name or address when requested?
What may happen if a person fails to provide their name or address when requested?
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What is required of a Neighbourhood Watch member when arresting someone?
What is required of a Neighbourhood Watch member when arresting someone?
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Under which condition can a private person arrest another person who is escaping?
Under which condition can a private person arrest another person who is escaping?
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What legal power does a Neighbourhood Watch member have regarding escaping suspects?
What legal power does a Neighbourhood Watch member have regarding escaping suspects?
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What must happen to a person after they have been arrested by a Neighbourhood Watch member?
What must happen to a person after they have been arrested by a Neighbourhood Watch member?
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What is the primary purpose of an arrest according to the established law?
What is the primary purpose of an arrest according to the established law?
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Under what circumstance is shooting a suspect permitted during an arrest?
Under what circumstance is shooting a suspect permitted during an arrest?
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Which of the following is NOT a requirement for the use of force during an arrest?
Which of the following is NOT a requirement for the use of force during an arrest?
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What does the requirement of proportionality in the use of force imply?
What does the requirement of proportionality in the use of force imply?
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If an arrester acts on suspicion, what condition must be satisfied?
If an arrester acts on suspicion, what condition must be satisfied?
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What must the suspect demonstrate for the use of force to be justified?
What must the suspect demonstrate for the use of force to be justified?
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What should the arrester not do during the arrest of a suspect?
What should the arrester not do during the arrest of a suspect?
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Which factor is NOT considered when determining the reasonable degree of force during an arrest?
Which factor is NOT considered when determining the reasonable degree of force during an arrest?
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Study Notes
Securing the Attendance of the Accused at Trial
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Methods to Secure Attendance: Various methods exist to ensure the accused's presence at trial, outlined in Section 38 of the Criminal Procedure Act (CPA). These include arrest, summons, written notice and indictment, extradition, and warning to appear.
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Summons: A summons is typically used in summary trials in lower courts, where the accused is not in custody, no warrant for their arrest exists, and there’s no reason to believe they will abscond or obstruct justice. The prosecutor drafts the charge, and the clerk of the court:
- Prepares the summons with the charge, accused's details, and appearance date and time.
- Delivers the summons to a court messenger for service.
- Requires service at the accused's residence, workplace, or place of business.
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Serving the Summons: The summons must be served upon the named individual. If the accused cannot be located, it is served at their residence or workplace to someone over 16 years old.
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Summons Service Requirements:
- The summons must be served at least 14 days (excluding Sundays and public holidays) before the trial commences.
- It is enforceable throughout South Africa and can be served anywhere within the Republic.
- Summons can be transmitted by telegraph, and the telegraphic copy serves the same purpose as the original.
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Failure to Appear on Summons:
- Non-appearance is an offense subject to punishment.
- If service was proper, a warrant of arrest may be issued.
- The accused can be convicted if their absence isn't due to fault, resulting in a maximum fine of R300 or 3 months imprisonment.
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Release on Warning:
- If the accused fails to attend trial after a summons and a warrant of arrest is issued, they may be released on warning if they will attend or have valid reasons for non-appearance.
- Section 55(2)(a) allows discretion in releasing the accused, while Section 55(2)(b) mandates release on warning.
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Admission of Guilt Fine:
- Section 55(2A) of the CPA allows the endorsement of a warrant of arrest permitting the accused to admit guilt and pay the stipulated fine without appearing in court.
- The warrant can also be endorsed to allow the accused to admit their guilt for failing to appear and pay the amount stated.
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Minors:
- A child can be summoned to a preliminary hearing for a committed offense, with the summons served in a parent/guardian's presence.
- The parent/guardian must acknowledge receipt through signature or a mark.
- Service without a parent/guardian is allowed in exceptional circumstances, but a copy must be served later with their acknowledgement.
- The police officer must explain the allegations, the child's rights, and procedures.
- The probation officer must be notified of the service within 24 hours.
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Written Notice to Appear:
- A police officer may issue a written notice to the accused if they believe a magistrate's court would impose a fine no greater than R5000 upon conviction.
- The notice contains:
- Accused's name, residence, and occupation.
- A summons to appear in court at a specified time and place.
- An endorsement allowing the accused to admit guilt and pay the stipulated fine without appearing.
- A certificate confirming the delivery and explanation of the notice.
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Written Notice and Summons Differences:
- The peace officer directly prepares, issues, and hands the written notice to the accused.
- The prosecutor prepares the summons, issued by the clerk of the court and served by messengers or police officers.
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Incorrect Details:
- If a police officer suspects the accused provided false details, they can be arrested and detained for up to 12 hours for verification.
- Failing to provide proper information can result in a fine of R300 or 3 months imprisonment.
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Private Person Arrest Without Warrant:
- A private person can arrest someone who:
- Commits a schedule 1 offense in their presence or is reasonably suspected of doing so.
- They reasonably believe committed an offense and are escaping, being freshly pursued by someone with arrest authority.
- The law authorizes them to arrest without a warrant for a specific offense.
- They are engaged in affray.
- A private person can arrest someone who:
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Neighbourhood Watch Arrest:
- Neighborhood Watches (NW) do not have a general duty to arrest others, unless they are the owner or lawful occupant of the property where an offense is committed.
- NW members can use force to arrest, must inform the suspect of the reason, and deliver them to the police asap.
- NW members may trespass on property to pursue an escaping suspect, and they may break or enter premises (announcing their presence) to arrest a suspect.
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After Arrest:
- The arrested individual must be taken to a police station or a place specified in the warrant.
- The court in Ex Parte: Minister of Safety and Security: Re Walters case outlined the legal framework for the use of force:
- The purpose of arrest is to bring a suspect before court, not to punish.
- Arrest isn't always the best means.
- Force can only be used as a last resort, minimally and proportionally to the threat posed and the circumstances.
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Use of Force Requirements:
- The person must have committed an offense (reasonable suspicion is acceptable),
- The arrestor must be lawfully authorized,
- There must be an attempt to arrest,
- The intention must be to arrest, not punish,
- The suspect must attempt to escape or resist,
- The suspect must be aware of the arrest and continue trying to escape,
- There must be no other reasonable means,
- Force must be directed towards the suspect,
- Force must be proportional and necessary.
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Description
This quiz covers methods to ensure the attendance of the accused at trial as described in Section 38 of the Criminal Procedure Act. It includes the process of serving summonses and the circumstances under which they are issued. Test your knowledge of legal protocols regarding the accused's presence in court.