ADDRESSING THE COURT WHERE AN ADMISSION WAS MADE TO A JUSTICE

OF THE PEACE / PEACE OFFICER / MAGISTRATE

PROSECUTOR - THE STATE INTENDS LEADING THE EVIDENCE OF AN

ADMISSION MADE TO
 A JUSTICE OF THE PEACE, NAMELY A CAPTAIN IN THE SAPS
 A PEACE OFFICER, NAMELY A CONSTABLE / SERGEANT / WARRANT
OFFICER
 MAGISTRATE
IT IS THE SUBMISSION OF THE STATE THAT THE STATEMENT COMPLIES WITH
THE REQUIREMENTS FOR ADMISSIBILITY IN TERMS OF SECTION 219A OF THE
CRIMINAL PROCEDURE ACT, IN THAT IT WAS
 FREELY AND VOLUNTARY MADE BY THE ACCUSED
COULD THE COURT PLEASE DETERMINE WHETHER THERE IS AN OBJECTION
FROM THE DEFENCE AND IF SO WHAT THE NATURE OF THE OBJECTION IS.

THE DEFENCE – WE OBJECT YOUR WORSHIP/MY LORD/MY LADY.

MY INSTRUCTIONS ARE THAT THE ACCUSED
 WAS ASSAULTED TO MAKE THIS STATEMENT
 WAS NOT INFORMED OF HIS/HER CONSTITUTIONAL RIGHT TO REMAIN
SILENT
 WAS NOT INFORMED OF HIS/HER RIGHT TO LEGAL REPRESENTATION

PROSECUTOR – IN VIEW OF THE FACT THAT THE ACCUSED IS DISPUTING A

REQUIREMENT FOR ADMISSIBILITY,
 NAMELY VOLUNTARINESS
PROSECUTOR – IN VIEW OF THE FACT THAT THE ACCUSED ALLEGES
 THAT THE STATEMENT WAS OBTAINED IN A MANNER THAT VIOLATED
HIS/HER RIGHTS IN THE BILL OF RIGHTS

MAY WE PROCEED WITH A TRIAL WITHIN A TRIAL