Highlights
Question 1
Discuss the jurisdiction in respect of offences, of the following courts:
1 The Supreme Court of Appeal
2 Provincial and local divisions of the High Court
3 The district magistrate’s courts
4 The regional magistrate’s courts
Question 2
In the criminal justice system, the prosecution can do what is legally permissible to set criminal proceedings in motion, such as determining the charges and the date and venue of the trial. Discuss the phrase ‘the prosecution as dominus litis’.
Question 3
It is a basic principle of the law of criminal procedure in almost every civilised community that the trial of an accused must take place in his or her presence and that the verdict of the court and the sentence that it imposes must be pronounced in his or her presence. Critically evaluate this position in light of the Constitution of the Republic of South Africa, 1996 and judicial interpretation.
INSTRUCTIONS
1. Provide additional references to case law and legislation, where applicable and relevant, to support your answers.
2. Note that the assignment must contain proper referencing (by way of footnotes).
3. Prescribed material:
The only prescribed textbook for this course is Joubert JJ (ed) Criminal Procedure Handbook 13th edition (2020) Juta Cape Town (hereinafter referred to as “the handbook”).
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