48 Hour Rule Criminal Law South Africa

As Les Roberts argued,[431] the purpose of the criminal statute of limitations is to limit criminal charges so that potential defendants do not […] in the tension between hope and terror.” The Constitution advises against keeping a prisoner in a cell for a long period of time without trial. Thus, they have the right to be brought before a judge no later than two days after their arrest. However, if a police officer does not do so within 48 hours, he or she should do so the next day before 4 p.m. (b) “ordinary court hours” means hours between 9.00 a.m. and 4.00 p.m. on a hearing day. »; “Article 50 (d) (i) was clearly intended to extend the external border by 48 hours during which an arrested person could be detained. This is clear from the wording of the paragraph and has always been understood as such in the last thirty-five years since the introduction of the act. This is apparent from one of the earlier leading criminal and procedural authorities, namely Lansdown & Campbell South African Criminal Law and Procedure Vol. 5: Criminal Procedure and Evidence op cit, pp. 299-300. See also Eksteen J.A.`s interpretation in Hash and Others v Minister for Safety and Security (2011, ZAECPEHC 34), paragraph 2011.

71. The legislative objective of extending the 48 hours when they are interrupted by a weekend seems quite obvious to me. That`s because the logistics of ensuring a weekend court appearance is difficult. In other words, it is difficult to coordinate the administration and activities of the police, prosecutions and courts over a weekend. This was especially true when the bill was introduced. This is still true today. (Emphasis added.) “This interpretation was wrong. In his conclusion, the learned judge of the next court did not take into account not only what is stated in the preceding paragraphs, but also constitutional values. He ignored section 35(1)(d)(ii), which itself recognizes that the 48-hour period may be extended if it is interrupted by a weekend. Criminal proceedings in South Africa relate to the judicial process of criminal law in that country. It is part of procedural or adjective law and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its base mainly in English law.

Men residing in South Africa, aged between sixteen and sixty, are required to assist in the arrest if requested to do so by a police officer. [16] Failure to comply with such a request without a legitimate reason entails criminal liability. A breathalyzer test or blood test must be performed and have a stressful result before a lawful arrest can be made. According to a recent decision of the Court of Appeal, the police cannot legally stop a motorist without such a test result. An arrest cannot be made if the officer`s suspicions are based solely on “the simple fact that he smells a little alcohol.” When continuing the offence of driving at a blood alcohol level above the prescribed limit, it must be shown that the concentration of alcohol in a blood sample from a part of the body of the person concerned has at any time exceeded 0.05 g per 100 ml within two hours of the commission of the alleged offence. When continuing the offence of driving with a blood alcohol level above the prescribed limit, it must be shown that the concentration of alcohol in a breath sample of the person concerned has at any time exceeded 0.24 mg per 1 000 ml within two hours of the commission of the alleged offence. i) What are my rights if I am arrested for drunk driving? 1. Be treated with respect and dignity; 2.

know who the doctor is; 3. know what to expect during the exam – the process should be discussed with you; 4. the right of access to my own doctor if available. I have to bear these costs myself; 5. the right to be examined in a place designed and equipped for this purpose – and not in a police cell, a public prosecutor`s office or a poorly equipped place. 6. The physical well-being of the person takes precedence. No blood test or blood alcohol procedure can delay urgent medical treatment for a life-threatening illness. 7. People who are heavily under the influence of alcohol should be referred to the hospital for observation.

8. Persons detained and, to a lesser extent, under the influence of alcohol shall be observed every 15 minutes by an experienced police officer until they are sober. 9. Individuals have the right to have access to their usual routine medications. 10. Every person has the right to be referred for rehabilitation if it is an obvious case of alcoholism. This should include a written recommendation to inform the magistrate. c) Assault consists of unlawful and intentional acts – The rule against duplication of convictions is sometimes mistakenly referred to as the rule against sharing charges. (i) Outside normal court hours or on a day that is not an ordinary day, the defendant shall be brought before a lower court no later than the end of the first day of court. Dangerous criminals can be sentenced to indefinite imprisonment. [314] [315] A fine should generally be affordable for the defendant, even if he has to sell some of his property to pay it.

Fines are usually imposed with the alternative of imprisonment. [316] Special penalties may be imposed on minors (persons under the age of eighteen). [317] The police must bring you to court within 48 hours of your arrest, unless it is a weekend or holiday, and in such a case, they must bring you to court by 4:00 p.m. on the first day the court reconvenes. b) Drunk driving In South Africa, the alcohol limit is currently as follows: – An alcohol content in the breath not exceeding 0.24 mg per 1000 ml or – A blood alcohol content not exceeding 0.05 g per 100 ml. – For professional drivers, for example taxi drivers, bus drivers and truck drivers, it is 0.02 g per 100 ml of blood. Anyone who exceeds the above limits during a blood alcohol test or blood test at a roadblock can be stopped for driving under the influence of alcohol. You do not have the right to refuse to participate in the test.

If you refuse to take the test, you are committing a crime and you could be liable to the same penalty as a person driving with a blood alcohol level above the prescribed limit. The police officer is required by law to take the arrested person to a licensed doctor if blood tests are to be performed. The police officer may use the necessary force that forces the person to give a blood sample. As the court said in Marais v. Tiley: “An inquest is an official investigation into a death that was not committed for natural reasons and was not subject to criminal prosecution.” As a general rule, seizure is only permitted in the sense of a search warrant. [440] Search warrants can usually only be issued by a judge or justice of the peace. However, if the article is required in the course of judicial proceedings as evidence in those proceedings, the judge or the president of the court may issue the arrest warrant.