Criminal Procedures Flashcards

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1
Q

What is the Criminal Procedure Rule 5.8?

A

A court officer is able to give information on an ongoing case, or case no later than 6 months. A journalist must cite the Supreme Courts Judgement in Cape Intermediate Holdings.

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2
Q

What information can a court officer give under the Criminal Procedure Rule 5.8?

A

Date of hearing
Alleged offence
Plea
Court’s bail decision, or sending to another court
If a case is under appeal
Outcome
Identities of prosecutor, defendant, lawyers, lawyers addresses, identities of judge/magistrate

Details of other info/older case must be made in writing.

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3
Q

What rule details court officers providing information of an ongoing case?

A

Criminal Procedure Rule 5.8

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4
Q

What is Single Justice?

A

Cases can be held in private.

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5
Q

When can a case be held in private?

A

Summary offences
Penalty cannot be jail term
Defendant 18+ and has pleaded guilty by correspondence
AND has not objected to the case being dealt with in the SJP
OR has not responded to notice of prosecution.

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6
Q

What does Single Justice say about gathering info after a case?

A

Journalists can get access to info up to 6 months after case in addition to information under the CPR rule 5.8 - a copy of the prosecution ‘statement of facts’, copy of each witness statement, and defence representations made in mitigation

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7
Q

Which rule upholds that cases can be held in private?

A

Single Justice

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8
Q

What is the Procedure Rule 5.4C?

A

Gives access to details of a civil case

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9
Q

Which rule gives access to details of a civil case?

A

Procedure Rule 5.4C

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10
Q

What details does the Procedure Rule 5.4C allow?

A

Statement of case, including claim form, particulars of claim, defence, counter claims and judgement, if the case is held in open court

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11
Q

What are the coroners rules of inquests?

A

Public, unless issue of national security.
Evidence can be given in written form if not disputed, and if witness cannot attend - Coroner should announce witness’s name and nature of evidence.
Journalists should be allowed to inspect or make a copy of any written evidence.

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12
Q

Which rules govern inquests?

A

Coroners Rules

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