Securing attendance of an accused

Question 1

Methods of securing attendance

Answer 1

1. Arrest ss 39-50
2. Summons s.54
3. Written Notice s.56
4. Indictment s.144

Question 2

Section(s) regulating Arrest

Answer 2

Sections 39-50

Question 3

Four pillars for lawful arrest

Answer 3

1. Arrest must be properly authorised, i.e. there must be a statutory provision authorizing the arrest. Eg with or without an authorized warrant.
2. The arrestor must exercise physical control over the arrestee.
   He must therefore limit the latter’s freedom of movement. Unless the arrestee submits to custody, an arrest is effected by actually touching his person or, if the circumstances so require, by forcibly confining his person.
3. The informing of the arrestee of the reason for his arrest.
4. Arrestee be taken to the appropriate authorities as soon as possible. S50(1)(a) provides that an arrestee must as soon as possible be brought to a police station or, if the arrest was made in terms of a warrant, to the place stipulated in the warrant.

Question 4

Arrest with a warrant (requirements)

Answer 4

Regulated by s. 43
- reasonable commission of an offense,
-written application to a magistrate or justice of the peace,
-relies on information under oath
-Application made by DPP, prosecutor, or commissioned police officer,
-sets out the offense suspected.
-offense must be committed in the area of the court’s jurisdiction or the suspect is in the area of the court’s jurisdiction.

Question 5

When may the warrant for arrest be issued?

Answer 5

The warrant of arrest may be issued on any day. s.43(3)

Question 6

How long does warrant for arrest last?

Answer 6

A warrant of arrest remains in force/valid until it is canceled by the person who issued it or, if such person is not available, by any person with like authority, or until it is executed.

Question 7

Who can execute the warrant of arrest?

Answer 7

s.44 a warrant of arrest is always executed by a peace officer- i.e. magistrate, justice correctional service officer, or certain officials designated by the minister of justice.

Question 8

Section 45 of CPA?

Answer 8

The suspect may be arrested on telegraphic copy of warrant

Question 9

Section 39(2) of CPA?

Answer 9

Upon demand by the arrestee, the arrestor must hand a copy of the warrant.

Question 10

Arrest WITHOUT a warrant

Answer 10

• Regulated by s.40 for police officers and,
• s.42 for private persons.

Question 11

When can a police officer arrest without a warrant?

Answer 11

There 3 instances,
1. s.40(1)(a)- If the offence is committed in the presence of the police officer,
2. s.49(1)(b)- If the police officer reasonably suspected of the commission of a schedule 1 offense. ( the reasonable suspicion must have a factual basis and must be that of the officer and not someone else’s suspicion.
3. if the conditions in s.40(1)(c)-(q)

Question 12

When can a private person arrest without a warrant?

Answer 12

s.42- any person who commits or attempts to commit in his presence or,
-whom he reasonably suspects of having committed the offence referred to in Schedule 1.
also s.43(3)- owner of the property or person n charge of the property.

Question 13

All other sections on arrest?

Answer 13

-s.