The Criminal Procedure Act, 1977 (Act No. 51 of 1977) is an act of the

Parliament of South Africa The Parliament of the Republic of South Africa is South Africa's legislature. It is located in Cape Town; the country's legislative capital city, capital. Under the present Constitution of South Africa, the bicameralism, bicameral Parliamen ...

that governs

criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...

in South Africa's legal system. It details the procedure for the whole system of criminal law, including

search and seizure Search and seizure is a procedure used in many Civil law (legal system), civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person ...

arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be question ...

, the filing of charges,

bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when ...

, the

plea In law, a plea is a defendant's response to a criminal charge. A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including '' nolo contendere'' (no contest), no case to answer (in the ...

, the testimony of

witness 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. A witness might be compelled to provide testimony in court, before a grand jur ...

es and the law of evidence, the

verdict In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales ...

and sentence, and

appeal In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...

. The act is also in force in

Namibia Namibia, officially the Republic of Namibia, is a country on the west coast of Southern Africa. Its borders include the Atlantic Ocean to the west, Angola and Zambia to the north, Botswana to the east and South Africa to the south; in the no ...

, which inherited it from the South African administration of

South-West Africa South West Africa was a territory under South African administration from 1915 to 1990. Renamed ''Namibia'' by the United Nations in 1968, it became independent under this name on 21 March 1990. South West Africa bordered Angola ( a Portu ...

. Administration of the act was transferred to the SWA government in 1979, and since then the South African and Namibian versions have diverged through amendment. A new Namibian Criminal Procedure Act was passed in 2004 but has not yet come into force.

External links

Criminal Procedure Act, 1977, of South Africa, as amended

Criminal Procedure Act, 1977, of Namibia, as amended
South African legislation Law of Namibia 1977 in South African law {{Criminal-law-stub

See also

External links