Prosecutor prepares charge sheet

Clerk of court issues summons

Summons & charge sheet served

by designated official
Anywhere in RSA
Summons served by delivery on
accused 14 days before trial on any day except
Sundays & public holidays
Return of service
Inquiry by court
Where accused fails to appear
date of trial Warrant of arrest

Offence: fine /imprisonment

 Intended for minor
offences

Notice contains details of Duplicate return of service

accused handed to clerk

Calls upon accused to appear in Service of notice results in

court release of accused from
custody

Endorsement – Admission of Accused’s failure to pay /

guilt fine paid without appear at trial –
appearing in court fine/imprisonment

Certificate / return of service

Notice preferred way to bring
child to court – s 18 CJA
 Accused older than 18

Accused in custody

Release on warning or As an alternative to bail for

own ‘own minor offences
recognisance’
By police official or magistrate

Failure to appear in court after

release results in arrest
 Same purpose as summons and charge sheet in magistrate’s court

Drawn up and issued in DPP’s name Service on accused at least 10 days

before trial

Contains accused’s details Failure to appear – warrant of

arrest

Summary of substantial facts & list

Only in High Court
of witnesses

Arraignment in magistrate’s court

Served in magistrate’s court for
and transfer to High Court
accused to appear in HC
Arrested person placed in custody Reasonable postponement of bail
applications for 7 days at a time

Right to bring bail application Challenge lawfulness of detention

Before lower court within 48 hours Escape from lawful custody

punishable by fine/imprisonment
Right to be informed of:
 Detention
 Charge
 Right to apply for court bail
 General test – s 49(2): purpose to place
suspect into lawful custody

Factors justifying use of force:

 Only effective way of arrest
Reasonable &  Suspect resists or attempts to flee
proportional use of  Use proportional force depending on
force to effect arrest nature & seriousness of suspected offence
 Danger posed by suspect

Factors justifying use of deadly force:

 objective belief that deadly force
necessary for protection of life, bodily
integrity of arrestor and other bystanders