Facebook scam warning

Posted on Posted in Criminal law

BE WARY OF STRANGE FRIEND REQUESTS AND OUT OF THE BLUE CHATS ON FACEBOOK MESSANGER FROM STRANGE PEOPLE   It is important to approach strange friend requests and/or chats from random people with caution on social media, and it is more important to be cautious with what information you provide to random strangers.   One […]

WHEN CAN A PRIVATE PERSON MAKE AN ARREST?

Posted on Posted in Criminal law

  Section 42 of the Criminal Procedure Act 51 of 1977 allows a Private Person to make an arrest in the following circumstances: A Private Person can arrest any person without a warrant – who commits or attempt to commit an offence in his presence or whom he reasonably suspects of having committed an offence […]

APPEAL AND REVIEW PROCEEDINGS

Posted on Posted in Criminal law

    Both an Appeal and a Review has as its objection, the setting aside of a conviction or sentence. Both of these two remedies differ in nature and it is imminent that the correct procedure should be used in any particular set of circumstances. The Appeal procedure is used to contest the correctness of […]

TYPES OF SENTENCES WHICH CAN BE IMPOSED BY COURTS

Posted on Posted in Criminal law

  There are several sentencing options from which the court can choose to sentence an accused with after conviction and they are the following: Direct Imprisonment which is regulated by Section 276 of the Criminal Procedure Act 51 of 1977. Periodical Imprisonment A Fine Warning Suspended sentence in various forms Direct imprisonment and a fine […]

Sentence

Posted on Posted in Criminal law

SENTENCE Sentence comes to mind when an accused has been convicted on an offence and he needs to be sentenced accordingly to the crime which he was convicted of.   PROCEDURE After the Court has given Judgment in a criminal matter and the accused has been convicted of an offence, the accused person’s legal representative […]

What is bail?

Posted on Posted in Criminal law

The concept of Bail consists of the basic concept where an accused is released from custody subject to certain conditions.   Bail can be granted in the following manners: By a Police Official By a Public Prosecutor By  Court   Police Bail: An accused who is in custody can be released on Police Bail prior […]