Chapter 10: Overview of the criminal justice process
QUICK EXAM MEMORY TIPS 🧠 QUICK EXAM MEMORY TIPS 🧠
Pre-trial = before trial Nolle prosequi = not prosecuted
CPA = police powers 48 hours = golden rule
SAPS 5 = investigation diary Age determines procedure
2. Pre-trial Process (IMPORTANT OVERVIEW) 2.2 Investigation
The pre-trial process is the first phase of the criminal justice Purpose of investigation:
process. To establish whether:
It starts when a crime is committed and ends when the trial begins. A crime was committed
Main purpose: There is enough evidence to indicate the suspect’s guilt
👉 Investigate the offence and During investigation:
👉 Decide whether there is sufficient evidence to prosecute. Police place all:
In terms of s 205(3) of the Constitution, the police are responsible Statements
for investigating crime → police play a vital role. Documents
Evidence
into the police docket
2.1 Reporting Police powers (given by CPA & other laws):
Key idea: The criminal process cannot start unless the crime is known to the Interrogate
police. Arrest
A crime must be: Search
Reported by a person OR Seize
Discovered by the police Take fingerprints
The community expects police officials to: ⚠️ Very important:
Know what behavior constitutes a crime Police must know:
Correctly identify the offence Extent of their authority
Police officials must have sound knowledge of criminal law to: Limits of their powers
Take proper statements If evidence is obtained unlawfully → it may become inadmissible in
Ensure all elements of the offence are included court
Once reported: 📘 Administration:
A case docket is opened Every step of the investigation is recorded in:
All information relating to the crime is filed in the docket Investigation diary (SAPS 5)
⭐ Exam tip: Know why legal knowledge is important when taking statements. ⭐ Exam tip: Examiners love asking about inadmissible evidence and
knowledge of the CPA.
, 2.4 Dealing with Arrested Persons
2.3 Docket for Decision
After arrest, police may:
When investigation is complete (and no arrest made):
Release on written notice
Docket is sent to the prosecutor
Grant bail
Prosecutor decides:
Issue a warning
Whether there is sufficient evidence to prosecute
Or bring person before court within 48 hours
If investigation is incomplete:
Written notice:
Prosecutor gives instructions in the investigation diary
Accused may pay an admission of guilt fine
Docket is returned for further investigation
If no link to crime found:
Possible prosecutor decisions:
Person must be released before 48 hours
a) Not to prosecute
Use SAPS 328 form
Nolle prosequi certificate is issued
First court appearance
Investigating officer informs parties
Accused may apply for bail
Case is finalised
Bail application may be postponed (up to 7 days) if investigation incomplete
b) To prosecute
Investigating officer must advise whether bail should be opposed
Prosecutor:
Bail usually opposed if accused:
Formulates the charge
Is a flight risk
Decides which court and trial date
May interfere with witnesses
Details appear on the summons
May commit serious offences
Investigating officer must:
If bail refused:
Serve summons on suspect
Accused detained in prison
Subpoena witnesses
Court informs accused of right to legal representation
Docket must reach court before trial date for preparation
Trial postponed to obtain a lawyer
Before trial:
Children aged 10–14 years Defence may request copies of statements
May only be arrested for Schedule 1 offences Plea and trial date set
Arrest allowed only if compelling reasons exist Prosecutor gives final instructions to police
Preferably released to adult
Written warning on SAPS 583(b) to attend preliminary inquiry 2.5 Dealing with Children Children aged 14–18 years
If detention required: ⚠️ Age is critical Similar process to 10–14 year olds
SAPS 583(c) report completed Children under 10 years If offence is listed in Schedule 3 of CJA:
Parents & probation officer notified No criminal capacity Must be detained in police cells
Must appear in court within 48 hours Cannot be prosecuted or arrested Must NOT be detained:
Probation officer assesses: Must be handed to: With adults
Criminal capacity Parent / guardian / appropriate adult With children of opposite sex
Possibility of diversion SAPS 583(a) completed
If no diversion → child justice court If no adult available → place of safety
Probation officer must be notified
, 3.1 Plea Stage
3. Trial Procedure (CORE SECTION) Start of the Trial
Purpose of the Trial The trial starts when the prosecutor puts the charge to the accused.
The court’s main task during the trial is to establish the truth. The accused must plead to the charge.
The accused has a constitutional right to a fair trial, which includes: Types of Pleas
Being present at the trial Guilty
Being represented by a qualified legal representative Not guilty
The prosecutor represents the State. Special pleas (e.g. lack of jurisdiction)
The burden of proof rests on the State: Plea of Guilty
👉
Guilt must be proven beyond reasonable doubt. Court follows a special procedure to ensure:
⭐ Exam favorite: Explain “beyond reasonable doubt” vs “reasonably possibly The accused understands the charge
true”. The accused admits all allegations
Court may question the accused.
If the court has any doubt:
3.2 State’s Case A plea of not guilty is recorded.
Leading Evidence If satisfied:
After plea stage, the prosecutor leads evidence. The court may convict immediately
Based on the case docket. Trial ends → moves to sentencing
Witnesses include: Plea of Not Guilty
Complainants (victims) Accused may give a plea explanation (optional).
Experts Court must ask whether the accused admits any allegations.
Police officials Formal admissions:
Documents & exhibits (e.g. post-mortem report) may be submitted. Recorded with the accused’s permission
Investigating officer assists prosecutor. State does not need to prove admitted facts
Examination of Witnesses Shortens the trial
1.Examination-in-chief 📌Example (important):
Prosecutor questions witness Accused admits killing the victim (conduct)
No leading questions allowed Raises private defence (justification)
2.Cross-examination State does not need to prove conduct, only unlawfulness
Conducted by defence
Tests credibility & reliability
3.Re-examination QUICK EXAM SUMMARY 🧠
By prosecutor Trial = truth-finding process
Clarifies issues from cross-examination
State bears burden of proof
After all witnesses → State closes its case
⭐ Exam tip: Know the order of examination and define leading questions. Plea stage is crucial
Evidence → address → judgment
Reasonable doubt = acquittal
Beyond reasonable doubt = conviction
QUICK EXAM MEMORY TIPS 🧠 QUICK EXAM MEMORY TIPS 🧠
Pre-trial = before trial Nolle prosequi = not prosecuted
CPA = police powers 48 hours = golden rule
SAPS 5 = investigation diary Age determines procedure
2. Pre-trial Process (IMPORTANT OVERVIEW) 2.2 Investigation
The pre-trial process is the first phase of the criminal justice Purpose of investigation:
process. To establish whether:
It starts when a crime is committed and ends when the trial begins. A crime was committed
Main purpose: There is enough evidence to indicate the suspect’s guilt
👉 Investigate the offence and During investigation:
👉 Decide whether there is sufficient evidence to prosecute. Police place all:
In terms of s 205(3) of the Constitution, the police are responsible Statements
for investigating crime → police play a vital role. Documents
Evidence
into the police docket
2.1 Reporting Police powers (given by CPA & other laws):
Key idea: The criminal process cannot start unless the crime is known to the Interrogate
police. Arrest
A crime must be: Search
Reported by a person OR Seize
Discovered by the police Take fingerprints
The community expects police officials to: ⚠️ Very important:
Know what behavior constitutes a crime Police must know:
Correctly identify the offence Extent of their authority
Police officials must have sound knowledge of criminal law to: Limits of their powers
Take proper statements If evidence is obtained unlawfully → it may become inadmissible in
Ensure all elements of the offence are included court
Once reported: 📘 Administration:
A case docket is opened Every step of the investigation is recorded in:
All information relating to the crime is filed in the docket Investigation diary (SAPS 5)
⭐ Exam tip: Know why legal knowledge is important when taking statements. ⭐ Exam tip: Examiners love asking about inadmissible evidence and
knowledge of the CPA.
, 2.4 Dealing with Arrested Persons
2.3 Docket for Decision
After arrest, police may:
When investigation is complete (and no arrest made):
Release on written notice
Docket is sent to the prosecutor
Grant bail
Prosecutor decides:
Issue a warning
Whether there is sufficient evidence to prosecute
Or bring person before court within 48 hours
If investigation is incomplete:
Written notice:
Prosecutor gives instructions in the investigation diary
Accused may pay an admission of guilt fine
Docket is returned for further investigation
If no link to crime found:
Possible prosecutor decisions:
Person must be released before 48 hours
a) Not to prosecute
Use SAPS 328 form
Nolle prosequi certificate is issued
First court appearance
Investigating officer informs parties
Accused may apply for bail
Case is finalised
Bail application may be postponed (up to 7 days) if investigation incomplete
b) To prosecute
Investigating officer must advise whether bail should be opposed
Prosecutor:
Bail usually opposed if accused:
Formulates the charge
Is a flight risk
Decides which court and trial date
May interfere with witnesses
Details appear on the summons
May commit serious offences
Investigating officer must:
If bail refused:
Serve summons on suspect
Accused detained in prison
Subpoena witnesses
Court informs accused of right to legal representation
Docket must reach court before trial date for preparation
Trial postponed to obtain a lawyer
Before trial:
Children aged 10–14 years Defence may request copies of statements
May only be arrested for Schedule 1 offences Plea and trial date set
Arrest allowed only if compelling reasons exist Prosecutor gives final instructions to police
Preferably released to adult
Written warning on SAPS 583(b) to attend preliminary inquiry 2.5 Dealing with Children Children aged 14–18 years
If detention required: ⚠️ Age is critical Similar process to 10–14 year olds
SAPS 583(c) report completed Children under 10 years If offence is listed in Schedule 3 of CJA:
Parents & probation officer notified No criminal capacity Must be detained in police cells
Must appear in court within 48 hours Cannot be prosecuted or arrested Must NOT be detained:
Probation officer assesses: Must be handed to: With adults
Criminal capacity Parent / guardian / appropriate adult With children of opposite sex
Possibility of diversion SAPS 583(a) completed
If no diversion → child justice court If no adult available → place of safety
Probation officer must be notified
, 3.1 Plea Stage
3. Trial Procedure (CORE SECTION) Start of the Trial
Purpose of the Trial The trial starts when the prosecutor puts the charge to the accused.
The court’s main task during the trial is to establish the truth. The accused must plead to the charge.
The accused has a constitutional right to a fair trial, which includes: Types of Pleas
Being present at the trial Guilty
Being represented by a qualified legal representative Not guilty
The prosecutor represents the State. Special pleas (e.g. lack of jurisdiction)
The burden of proof rests on the State: Plea of Guilty
👉
Guilt must be proven beyond reasonable doubt. Court follows a special procedure to ensure:
⭐ Exam favorite: Explain “beyond reasonable doubt” vs “reasonably possibly The accused understands the charge
true”. The accused admits all allegations
Court may question the accused.
If the court has any doubt:
3.2 State’s Case A plea of not guilty is recorded.
Leading Evidence If satisfied:
After plea stage, the prosecutor leads evidence. The court may convict immediately
Based on the case docket. Trial ends → moves to sentencing
Witnesses include: Plea of Not Guilty
Complainants (victims) Accused may give a plea explanation (optional).
Experts Court must ask whether the accused admits any allegations.
Police officials Formal admissions:
Documents & exhibits (e.g. post-mortem report) may be submitted. Recorded with the accused’s permission
Investigating officer assists prosecutor. State does not need to prove admitted facts
Examination of Witnesses Shortens the trial
1.Examination-in-chief 📌Example (important):
Prosecutor questions witness Accused admits killing the victim (conduct)
No leading questions allowed Raises private defence (justification)
2.Cross-examination State does not need to prove conduct, only unlawfulness
Conducted by defence
Tests credibility & reliability
3.Re-examination QUICK EXAM SUMMARY 🧠
By prosecutor Trial = truth-finding process
Clarifies issues from cross-examination
State bears burden of proof
After all witnesses → State closes its case
⭐ Exam tip: Know the order of examination and define leading questions. Plea stage is crucial
Evidence → address → judgment
Reasonable doubt = acquittal
Beyond reasonable doubt = conviction
