Submitted in partial fulfilment of the requirements for the degree master of laws in the faculty of law at the university of pretoria. Jul 01, 2002 section 49 of the criminal procedure act 51 of 1977 states that in the event that a suspect resists arrest or flees, the arresting officer may, in order to effect the arrest use such force as may in the circumstances be reasonably necessary to overcome the resistance or prevent the person concerned from fleeing. S v m and others 22016 2016 zafshc 41 18 march 2016. Act 32 of 2007 and amended by section 25 of act 39 of 2014 1. Read online criminal procedure act 51 of 1977 justice. Directives issued in terms of section 79 of the criminal procedure act, 1977 act no. Section 170a4 of the criminal procedure act, 1977, notice no. Application of section 49 of the criminal procedure act. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. Amendment of section 309 of act 51 of 1977, as amended by section 17 of act 105 of 1982, section 8 ofact 107 of 1990, section 51 ofact 129 of 1993 and section of act 75 of 1995 2. Criminal law and procedure 1977 criminal procedure. The following section is hereby substituted for section 227 of the criminal 10 procedure act, 1977. A psychiatrist who is designated or appointed by or at the request of the court or a clinical psychologist who is directed by the court in terms of section 791 of the criminal procedure act, 1977 act no.
S 7779 amended by judicial matters amendment act 8 of 2017 from 2 aug 2017. Project muse the law of pretrial criminal procedure in. Directives issued in terms of section 79 of the criminal. Ethiopian criminal procedure code amharic version pdf. A critical analysis of section 49 of the criminal procedure act 51 of 1977 the shoot to kill debate by. Criminal law and procedure 1977 criminal procedure act 51. Criminal procedure act 51 of 1977 afrikaans text signed by the state president as amended by criminal procedure matters amendment act 79 of 1978. My name is shirish nanabhai and i am the 2nd accused in the case of the state vs naidoo, nanabhai and jenkins, case no. Of the criminal procedure act, 1977 act 51 of 1977 notethese regulations were published in government notice r96 in regulation gazette 2498 of 22 july, 1977 and amended by. Criminal procedure act 51 of 1977 south african government. Criminal law and criminal procedure act amendment act. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders. Download criminal procedure act 51 of 1977 justice. Criminal procedure amendment act 4 of 2017 english.
Section 305 of the criminal procedureact, 1977 act no. Related with criminal procedure act 51 of 1977 justice home. Criminal procedure amendment act 26 of 1993 gg 755 came into force on date of publication. Section 49 of the criminal procedure act 51 of 1977 states that in the event that a suspect resists arrest or flees, the arresting officer may, in order to effect the arrest use such force as may in the circumstances be reasonably necessary to overcome the resistance or prevent the person concerned from fleeing. If this is the case, the person who effected the arrest, may. Criminal procedure act 51 of 1977 rsa came into force on date of publication. The criminal procedure act principal legislation arrangement of sections section title part i preliminary provisions 1. Nov 26, 2015 criminal procedure act 51 of 1977 justice home. Amendment of section 309 of act 51 of 1977, as amended by section 17 of act 105 of 1982, section 8 ofact 107 of 1990, section. In jurisdictions where the provisions of the aarto act do not apply, the criminal procedure act, 1977 act 51 of 1977 is used to prosecute road traffic infringements and offences. Combating of rape act 8 of 2000 gg 2326 brought into force on 15 june 2000 gn 1402000, gg 2348.
Criminal procedure act 51 of 1977 law society library. Criminal procedure act 51 of 1977 came into force on date of publication. All books are in clear copy here, and all files are secure so dont worry about it. With acts you are guaranteed the latest and most up to date resource for your legislative needs. Government gazette 30 may 1991 3 criminal procedure amendment act, 1991 2. Criminal law and procedure 1977 criminal procedure act. Criminal procedure act 51 of 1977 afrikaans text signed by the state president as amended by criminal procedure matters amendment act 79 of 1978 criminal procedure amendment act 56 of 1979 criminal procedure amendment act 64 of 1982 appeals amendment act 105 of 1982 criminal law amendment act 59 of 1983 criminal procedure matters amendment act 109 of 1984 immorality and. Pdf the law of pretrial criminal procedure in namibia. Project muse the law of pretrial criminal procedure in namibia. The constitutionality of section 6011bc of the criminal. Evidence as to the character of an accused or as to the character of any woman upon or with regard to female against or in. Declaration of peace officers in terms of section 334 of the criminal procedure act. The issue of written notices in terms of section 56 of the criminal procedure act, 1977.
Criminal procedure act 51 of 1977 in so far as it allows for the admission of incriminating evidence at trial, in contravention of the accuseds right against selfincrimination, which incriminatory evidence was tendered by the applicant during a bail application in. The criminal procedure act is also used to prosecute serious road traffic offences which are scheduled as offences in schedule 3 of the aarto regulations. Part 3 a member of a police force referred to in section 83 of the durban extended powers consolidated ordinance. Amendment of section 145 of act 51 of 1977, as amended by section 4 of act 64 of 1982 2. Members of the police in south africa are burdened with a constitutional duty 1 to prevent, investigate and combat crime, a duty to maintain law and public order, and to ensure the protection and security of all south africans. Chapter 2 search warrants, entering of premises, seizure, forfeiture and disposal of property connected with offences ss. It details the procedure for the whole system of criminal law, including search and seizure, arrest, the filing of charges, bail, the plea, the testimony of witnesses and the law of evidence, the verdict and sentence, and appeal. Law enforcement officers appointed by a municipality. The execution of warrants of arrest in terms of section 44 of the criminal procedure act, 1977. Criminal procedure act 51 of 1977 afrikaans text signed by the state president as amended by criminal procedure matters amendment act 79 of 1978 criminal procedure amendment act 56 of 1979 criminal procedure amendment act 64 of 1982 appeals amendment act 105 of 1982 criminal law amendment act 59 of 1983.
Criminal justice system 4,748 view the code of criminal procedure, 1973 act no. Criminal procedure amendment act 9 of 1968 repealed related links. As a current student on this bumpy collegiate pathway, i stumbled upon course hero, where i can find study resources for nearly all my. Criminal procedure act 51 of 1977 legal assistance centre. The law of pretrial criminal procedure in namibia introduces readers to the fundamental principles and values underlying namibian criminal law, through a systematic examination of the provisions of the criminal procedure act, 1977 act no. Section 57 of the principal act is hereby amended a by the substitution for paragraph a of subsection 1 of the following. Criminal procedure act 51 of 1977 rsa gg 5532 brought into force in south africa and south west africa on 22 july 1977 by rsa proc. Section 1 of the criminal procedure act, 1977 hereinafter referred to as the 5 principal act, is hereby amended by the deletion in subsection 1 of paragraph a of the definition of aggravating circumstances. Read online criminal procedure act 51 of 1977 wipo book pdf free download link book now.
The law of pretrial criminal procedure in namibia introduces readers to the fundamental principles and values underlying namibian criminal law, through a systematic examination of the provisions. Nov 26, 2015 related with criminal procedure act 51 of 1977 justice home. Criminal procedure act 51 of 1977 justice home 1,718 view criminal procedure act vsrh. Criminal procedure act justice project south africa. Arrest, escape, recapture, search warrants and seizure.
Section 77 of the criminal procedureact, 1977 act no. Download criminal procedure act 51 of 1977 wipo book pdf free download link or read online here in pdf. An overview of section 49 of the criminal procedure act 51 of 1977 and its recent amendments. Amended by criminal procedure amendment act 4 of 2017 from 29 jun 2017.
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