Learning unit 4: The pre-trial criminal investigation (crime
control powers)
Introduction to pre-trial criminal investigation
The pre-trial phase is the stage of the criminal proceedings that
essentially unfolds outside of court and before (and in anticipation
of) the actual criminal trial starts. Pre-trial starts at the moment
that a crime is reported to the SAPS and concludes when the trial
commence. The most important procedural steps of the pre-trial
investigation stage include:
Complainant, often the victim, lodges a complaint with SAPS,
which then opens a police docket and assigns a Crime
Assessment System (CAS) number.
Police investigate the offence using several powers (such as.,
search or arrest) in an effort to gather evidence and identify
a suspect or suspects.
The prosecution can then make an informal decision to
prosecute based on the information in the docket and the
investigation continues. If and investigation has already
been finalized and all relevant evidence has been gathered
then formal decision to prosecute is made by the
prosecution (NPA\ the State)
The suspect is brought into the criminal justice system
(court) by means of a written notice, summons, or arrest.
Section 205(3) of the constitution provides that “The objects of
the police service are to prevent, combat and investigate
crime, to maintain public order, to protect and secure the
inhabitants of the Republic and their property, and to
uphold and enforce the law. “This provision enjoins the crime-
fighting / crime control / investigatory powers and functions of the
South African Police Services (SAPS). Additionally an arrest,
another important power of police officials during the
investigation of crime.
, 2. CRIMINAL INVESTIGATION PROCESS – THE EXERCISE OF
INVESTIGATORY AUTHORITY BY THE SAPS
1. There is a moral,but not algal duty on ,members of the public
to voluntarily come forward and report a crime to the police.
Treason is the only common law offence placing a specific legal
obligation on the public to voluntarily come forward and report
and offence to the police Exceptionally, there is a number of
statutes that places a legal duty to members of the public to
report specific crimes and a failure to do so can constitute and
offence, some of such legislations include the Prevention and
Combating of Trafficking in Persons Act 7 of 2013, the Firearms
Control Act 60 of 2000, & Child Justice Act 75 of 2009.
The commission of an alleged offence is usually brought to the
attention of the police in one of the following ways:
A complainant reports a complaint to a police station, after the
complaint has been reported, a police docket will be opened.
A detective, known as an investigating officer, will be
appointed to investigate the matter further and gather all the
necessary evidence. As part of the evidence gathering a
witness to the commission of an offence supplies information.
With regards to an offence that has already been committed, or
is about to be committed, the information may be brought to
the attention of the police by an informer.
The investigation process includes visiting and examining the
crime scene, contacting the victims and the witnesses of the
crime and taking statements, gather physical, documentary,
and electronic evidence, obtaining assistance of experts such
as forensic scientists such fingerprints, ballistic or DNA testing
experts or pathologists.
In most instances, a complainant reports the matter to the police
by way of making a statement either as a victim of the crime or a
witness to the crime. A proper crime report entails that “first
control powers)
Introduction to pre-trial criminal investigation
The pre-trial phase is the stage of the criminal proceedings that
essentially unfolds outside of court and before (and in anticipation
of) the actual criminal trial starts. Pre-trial starts at the moment
that a crime is reported to the SAPS and concludes when the trial
commence. The most important procedural steps of the pre-trial
investigation stage include:
Complainant, often the victim, lodges a complaint with SAPS,
which then opens a police docket and assigns a Crime
Assessment System (CAS) number.
Police investigate the offence using several powers (such as.,
search or arrest) in an effort to gather evidence and identify
a suspect or suspects.
The prosecution can then make an informal decision to
prosecute based on the information in the docket and the
investigation continues. If and investigation has already
been finalized and all relevant evidence has been gathered
then formal decision to prosecute is made by the
prosecution (NPA\ the State)
The suspect is brought into the criminal justice system
(court) by means of a written notice, summons, or arrest.
Section 205(3) of the constitution provides that “The objects of
the police service are to prevent, combat and investigate
crime, to maintain public order, to protect and secure the
inhabitants of the Republic and their property, and to
uphold and enforce the law. “This provision enjoins the crime-
fighting / crime control / investigatory powers and functions of the
South African Police Services (SAPS). Additionally an arrest,
another important power of police officials during the
investigation of crime.
, 2. CRIMINAL INVESTIGATION PROCESS – THE EXERCISE OF
INVESTIGATORY AUTHORITY BY THE SAPS
1. There is a moral,but not algal duty on ,members of the public
to voluntarily come forward and report a crime to the police.
Treason is the only common law offence placing a specific legal
obligation on the public to voluntarily come forward and report
and offence to the police Exceptionally, there is a number of
statutes that places a legal duty to members of the public to
report specific crimes and a failure to do so can constitute and
offence, some of such legislations include the Prevention and
Combating of Trafficking in Persons Act 7 of 2013, the Firearms
Control Act 60 of 2000, & Child Justice Act 75 of 2009.
The commission of an alleged offence is usually brought to the
attention of the police in one of the following ways:
A complainant reports a complaint to a police station, after the
complaint has been reported, a police docket will be opened.
A detective, known as an investigating officer, will be
appointed to investigate the matter further and gather all the
necessary evidence. As part of the evidence gathering a
witness to the commission of an offence supplies information.
With regards to an offence that has already been committed, or
is about to be committed, the information may be brought to
the attention of the police by an informer.
The investigation process includes visiting and examining the
crime scene, contacting the victims and the witnesses of the
crime and taking statements, gather physical, documentary,
and electronic evidence, obtaining assistance of experts such
as forensic scientists such fingerprints, ballistic or DNA testing
experts or pathologists.
In most instances, a complainant reports the matter to the police
by way of making a statement either as a victim of the crime or a
witness to the crime. A proper crime report entails that “first
