Subject 5 Flashcards
What does sec 205 of the Constitution provide for regarding the duties of SAPS?
The duties of SAPS are to investigate a crime+this includes interrogation powers
-Police do not have special interrogation powers
-Special powers only arise when a person refuses to answer police questions, provide their address or give acces to someone the police may investigate
Is there a legal duty to furnish police with information regarding the commission of an offence?
No, only exceptional circumstances bring up such a duty.
Eg.Common law exception- in crimes of high treason under CL provides that a person who knows someone has committed high treason+fails to give information regarding the crime will themselves be guilty of high treason
Statutory Exception
- sec 10 of Drugs+Drugs Trafficking Act-if a person has infor relating to these offences +fails to provide that info they will be guilty of an offence
-National Road Traffic Act- any person upon request of authorities, fails to furnish them with info relating to an offence is guilty of an offence
General powers of intteorgation
What powers do the police have to interrogate according to sec 26?
A police official may enter premises (where a person containing information regarding an offence is on the premises),without a warrant for purposes of interrogating such a person+ the proviso is that the police cannot enter the premises without the consent of the occupier
General powers of interrogation
What does sec 27of the CPA provide for regarding police entering premises for purpose of interogation?
A police official who may lawfully enter a premises under sec 26 may use such force as reasonably necessary to overcome resistance against entry but the police official must first audibly demand admission to the premises and state their purpose for entry
General powers of Interrogation
What powers does sec 41 give police and peace officers to obtain names and addresses for purposes of interrogation?
A police official has power to.
1-Call anyone whom they have the power to arrest
2.-call anyone reasonably suspected of commiting an offence
3.-Call anyone able to give evidence regarding the commission of an offence
=TO FURNISH THEIR FULL NAMES+ADDRESS
General Powers of Interrogation
What if a person refuses to furnish their name+addresses under sec 41?
The police official can arrest them+detain them for a period not exceeding 12 hours until the name+address has been verified
-The refusal to furnish their name+addres/furnish a false name +address is an offence punishabe by a fine/imprisonment without the option for a fine lasting 3 months
What does sec 12 of the Drugs+Drug Trafficking Act provide regarding detention for purposes of interogation?
Persons who are suspected of having committed drug offences or having information relating to the commison of these offences can be indefinitely detained subject to being brought before a magis within 48 hrs of arrest+thereafter once every 10 days
-such people are entitled to legal representation
Powers to intterrogate possible witnesses
What is the prosecutors right to summon possible witnesses for questioning before the trial starts according to sec 205 of the CPA?
A judge in a HC/Magistrate in a MC may on request of the DPP or PP authorised by DPP in writing require the attendance before him as judge for examination by PP anyone who is likely to give material info to any alleged offence
>provided that if the person gives info to the satis, of PP before date they must appear before the judge they will be under no obligation to appear before that judge
-Examination can be private+not in court
Powers to interrogate possible witnesses
What if a person under sec 205 refuses to give the information?
That person will not be sentenced to imprisonment unless the judicial official is of the opinion that giving such info is necessary for administartion of justice +maintenance of law and order
What is the difference between the right to remain silent + the right to be questioned?
The police may question the suspect but the suspect is not obliged to answer any of the police’s questions
Interrogation and Interception
Under what circumstances may a police official intercept communication?
Sec 7+8 of the RICA Act (Regulation of Interception of Communications & Provision of communication-related information Act)
- Police can only intercept communication in circumstances of preventing serious bodily injury, to determine the location of a person at a given time + in an emergency
Ascertainment of Bodily features of a person
What does sec 37 of the CPA provide for regarding the people who police can obtain the body prints of?
Any police official may take the body-prints or may cause any such prints to be taken
-any person arrested upon any charge;
-any such person released on bail
- any person upon whom a summons has been served in respect of a schedule 1 offence
- any person convicted by a court
- any person deemed under section 57(6)
Ascertainment of bodily features
What are police not allowed to do when ascertaining bodily features ito sec 37?
Police cannot take blood samples of any person/ or examine the body of a person who is of a different gender to the police official
Ascertainment of bodily features
Which personnel may take the blood samples of suspects?
Only medical practioners/registerd nurse according to sec 37
Ascertainment of bodily features
What are bodily features?
-Finger,palm,footprints
-identity parades
-photographs
-blood samples
Ascertainment of bodily features
What did the court in the Xaba case state regarding police officer taking blood samples ito sec 37?
A police official is not empowered to give a medical practitioner instructions to perform an operation on an accused to obtain evidence or collect blood samples
Ascertainment of bodily features
What did the Gaqa case state regarding police ordering removal of a bullet for ballistics?
Suspect had a bullet lodged in their leg +police wanted the bullet to be removed and used as forensic evidence
-Court held that it is in the interest of justice that the bullet be removed
Ascertainment of bodily features
What did the Huma case state regarding the constitutionality of taking fingerprints?
1.Taking fingerprints is common indetification mode worldwide
2.Fingerprints are taken in private
3.Process of taking finegrprints does not constitute an intrusion of physical integrity
4.Fingerprints are destroyed if accused is found not guilty
5.Taking fingerprints can be advantageous to accused’s innocence
Ascertainment of bodily features
What did the Sv Moti case state regarding photo parades?
it would be improper to have a photographic identity parade rather than an identity parade after the arrest of a suspect
