, CPR3701 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2025 - DUE 27 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
QUESTIONS
1. “In terms of s 35(1)(d)(i) of the Constitution and section 50(1)(d) of the CPA,
everyone who is arrested for allegedly committing an offence has the right to be
brought before a court as soon as reasonably possible, but not later than 48 hours
after the arrest” After A’s arrest, he is placed in hospital where he is recuperating
from his injuries. He is only made to appear in court ten weeks after his initial
arrest. Upon his first appearance in court, A instructs his attorney L, to apply for
the case to be ‘struck off the roll’ on the grounds that his Constitutional right to
appear before court within 48 hours has been violated. Critically evaluate and
discuss the merits of A’s contention. (7)
A’s contention is based on the constitutional and statutory guarantee that
any arrested person must be brought before a court as soon as reasonably
possible, and not later than 48 hours after the arrest. Section 35(1)(d)(i)
of the Constitution and section 50(1)(d) of the Criminal Procedure Act
(CPA) both enshrine this principle, which aims to safeguard arrested
individuals against prolonged detention without judicial oversight. The
48-hour period is calculated excluding non-court days, but in this case,
the delay was ten weeks, which is far beyond the legally permissible
timeframe.
However, the factual context matters. After his arrest, A was admitted to
hospital for treatment of his injuries and remained there while
recuperating. The requirement to bring a suspect before court within 48
hours is subject to what is “reasonably possible” under the
circumstances. If a detainee’s physical condition makes it impossible or
impractical for them to attend court—such as being hospitalised in a
condition that prevents safe transport—the delay can be justified in law.
Semester 2 2025 - DUE 27 August 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
QUESTIONS
1. “In terms of s 35(1)(d)(i) of the Constitution and section 50(1)(d) of the CPA,
everyone who is arrested for allegedly committing an offence has the right to be
brought before a court as soon as reasonably possible, but not later than 48 hours
after the arrest” After A’s arrest, he is placed in hospital where he is recuperating
from his injuries. He is only made to appear in court ten weeks after his initial
arrest. Upon his first appearance in court, A instructs his attorney L, to apply for
the case to be ‘struck off the roll’ on the grounds that his Constitutional right to
appear before court within 48 hours has been violated. Critically evaluate and
discuss the merits of A’s contention. (7)
A’s contention is based on the constitutional and statutory guarantee that
any arrested person must be brought before a court as soon as reasonably
possible, and not later than 48 hours after the arrest. Section 35(1)(d)(i)
of the Constitution and section 50(1)(d) of the Criminal Procedure Act
(CPA) both enshrine this principle, which aims to safeguard arrested
individuals against prolonged detention without judicial oversight. The
48-hour period is calculated excluding non-court days, but in this case,
the delay was ten weeks, which is far beyond the legally permissible
timeframe.
However, the factual context matters. After his arrest, A was admitted to
hospital for treatment of his injuries and remained there while
recuperating. The requirement to bring a suspect before court within 48
hours is subject to what is “reasonably possible” under the
circumstances. If a detainee’s physical condition makes it impossible or
impractical for them to attend court—such as being hospitalised in a
condition that prevents safe transport—the delay can be justified in law.
