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Du Toit V DPP
{{Unreferenced, date=June 2013 In ''Du Toit v DPP'', an important case in South African criminal procedure, certain of the accused applied for an order in terms of which * the State would be bound to further particulars it had supplied as well as statements which the State had placed on record that full discovery of the case docket had taken place; and * the State would be prohibited from using in the trial of the accused in any way, either directly or indirectly, documents which were handed to the defense after the commencement of the trial. The court held that to say that the mere request for documents amounted to a request for further particulars which would bind the State if they were not provided immediately, was incorrect. Thus the accused is not entitled to particulars regarding what the prosecution intends using as exhibits at the trial, and merely not including such evidence in the further particulars does not bar the State from presenting such documents. Furthermore, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black Sou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Procedure In South Africa
Criminal procedure in South Africa refers to the adjudication process of that country's criminal law. It forms part of procedural or adjectival law, and describes the means by which its substantive counterpart, South African criminal law, is applied. It has its basis mainly in English law. History When the British occupied the Cape permanently in 1806, they retained the Roman-Dutch legal system. They concluded, however, that the criminal justice system was archaic, and so introduced one based on their own in 1828. It has been developed over the years to suit local conditions. The South African system today is basically accusatorial: that is, the state accuses and the accused defends. The accusation and its proof are state-driven, with a state-appointed prosecuting authority. Sources The sources of South African criminal procedure lie in the Constitution, the Criminal Procedure Act, 1977 (CPA), other statute law (for example, the Magistrates' Courts Act, 1944, the Supre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Docket (court)
A docket in the United States is the official summary of proceedings in a court of law. In the United Kingdom in modern times it is an official document relating to delivery of something, with similar meanings to these two elsewhere. In the late nineteenth century the term referred to a large folio book in which clerks recorded all filings and court proceedings for each case, although use has been documented since 1485. Historical usage The term originated in England; it was recorded in the form "doggette" in 1485, and later also as doket, dogget(t), docquett, docquet, and docket. The derivation and original sense are obscure, although it has been suggested that it derives from the verb "to dock", in the sense of cutting short (e.g. the tail of a dog or horse);Oxford English Dictionary 2nd ed. Definition of "... brief, summarized statement ... abstract, abridgement, digest, minute" described as obsolete and historical. "A memorandum or register of legal judgements". "A list of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, Criminal law, criminal, and Administrative law, administrative matters in accordance with the rule of law. In both common law and civil law (legal system), civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the Rights of the accused, rights of those accused of a crime include the right to present a Criminal defense, defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a Venue (law), venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. In law a witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly affirm to testify truthfully ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
