, CPR3701 Assignment 1
Semester 2 2025
DUE 27 August 2025
Use this document as a guide and for references to answer your assignment
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)
Section 35(1)(d)(i) of the Constitution and section 50(1)(d) of the Criminal
Procedure Act (CPA) provide that an arrested person must be brought before a
court as soon as reasonably possible, but no later than 48 hours after arrest. This is
a peremptory requirement aimed at protecting personal liberty and preventing
unlawful detention. The provision is generally interpreted strictly, although the
phrase ―as soon as reasonably possible‖ allows for limited, justifiable deviations
under specific circumstances.
2. Application to the facts
In this case, A was arrested immediately after being shot and was taken to hospital
for medical treatment. He was only brought before court ten weeks later. A’s
contention is that this delay is far beyond the 48-hour constitutional limit, thus
violating his rights. The starting point is that the obligation to bring a suspect before
court is not suspended merely because they are injured or hospitalized. If the person
is medically fit to attend proceedings — whether physically present in the
courtroom or through arrangements such as hospital hearings — the State must
comply with the 48-hour limit.
3. Possible justification for delay
The State might argue that A’s injuries were such that he could not reasonably be
brought before court within 48 hours. If A’s medical condition was critical or
Semester 2 2025
DUE 27 August 2025
Use this document as a guide and for references to answer your assignment
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)
Section 35(1)(d)(i) of the Constitution and section 50(1)(d) of the Criminal
Procedure Act (CPA) provide that an arrested person must be brought before a
court as soon as reasonably possible, but no later than 48 hours after arrest. This is
a peremptory requirement aimed at protecting personal liberty and preventing
unlawful detention. The provision is generally interpreted strictly, although the
phrase ―as soon as reasonably possible‖ allows for limited, justifiable deviations
under specific circumstances.
2. Application to the facts
In this case, A was arrested immediately after being shot and was taken to hospital
for medical treatment. He was only brought before court ten weeks later. A’s
contention is that this delay is far beyond the 48-hour constitutional limit, thus
violating his rights. The starting point is that the obligation to bring a suspect before
court is not suspended merely because they are injured or hospitalized. If the person
is medically fit to attend proceedings — whether physically present in the
courtroom or through arrangements such as hospital hearings — the State must
comply with the 48-hour limit.
3. Possible justification for delay
The State might argue that A’s injuries were such that he could not reasonably be
brought before court within 48 hours. If A’s medical condition was critical or
