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The Criminal Procedure Act 51 of 1977 and the Constitution of the Republic of South Africa, 1996 govern the...
QUESTION 1
The Criminal Procedure Act 51 of 1977 and the Constitution of the Republic of South Africa, 1996 govern the manner in which offenders are brought to justice. Explain how the concepts of substantive and procedural/ adjectival law can be understood in the context of the facts above. (6)
QUESTION 2
X is subsequently arrested at his home in Pretoria in 2024 by the investigating officer, K, without a warrant. Critically explain whether K’s decision to arrest X without a warrant was correct. (5)
QUESTION 3
In terms of section 60(4) of the Criminal Procedure Act 51 of 1977, the accused may be released on bail if the interests of justice warrant such release. K’s investigations reveal, firstly, that not only does X hold a British passport, but that he is able to “travel in and out of Zamunda at will”. Secondly, K establishes, furthermore, that some of the potential witnesses are known to X. Critically discuss, in light of the grounds set in section 60(4), whether the interests of justice warrant his release on bail. (12)
The Criminal Procedure Act 51 of 1977 and the Constitution of the Republic of South Africa, 1996 govern the manner in which offenders are brought to justice. Explain how the concepts of substantive and procedural/ adjectival law can be understood in the context of the facts above. (6)
QUESTION 2
X is subsequently arrested at his home in Pretoria in 2024 by the investigating officer, K, without a warrant. Critically explain whether K’s decision to arrest X without a warrant was correct. (5)
QUESTION 3
In terms of section 60(4) of the Criminal Procedure Act 51 of 1977, the accused may be released on bail if the interests of justice warrant such release. K’s investigations reveal, firstly, that not only does X hold a British passport, but that he is able to “travel in and out of Zamunda at will”. Secondly, K establishes, furthermore, that some of the potential witnesses are known to X. Critically discuss, in light of the grounds set in section 60(4), whether the interests of justice warrant his release on bail. (12)