Introduction.

The Criminal Procedure is the process through which criminal/ penal laws are applied.

Key principles in criminal proceedings.

 The accused is presumed innocent.

 The Accused is entitled to a fair hearing
 The Offence and sanction must be prescribed by law.
 The Burden of proof rests on the Prosecution to prove the guilt of the accused

The essentials of criminal proceedings are:

1. Case identification (from the community, at the desk, etc)
2. Interview, record and intake the client`s / survivor`s case (Protection desk, Women & Girls
Centre)
 Psychosocial support (WPE)
3. Legal matters referred to the legal desk (Legal).
 Interviewing the client/ survivor, and case intaken.
 Legal counseling.
 Mediation scheduled and invitation of the perpetrator (s) for an ADR (for less serious
offenses that can be mediated. Eg, common assault, simple theft, trespass or sexual
harassment)
 For more serious offenses such as Capital offenses (Murder, rape, robbery arson), the
matter is referred to the police.
4. Police post for legal support.
 Police conduct the investigation.
 Police issues the Police Form 3, 28, or any other forms relevant to the case.
 WPE supports the survivor to the medical center for examination
 WPE ensures that the Police Forms are filled
 WPE escorts the survivor back to the Police.
 Making the safety plan for the survivor (WPE and PRoL)

5. The police`s investigation is completed.

 Where the police decide that the evidence is insufficient, they will release the suspect 1.
The legal officer explains to the survivor and the community the reasons for the release
of the suspect. (during community dialogues)
 Through diversion, the police may mediate and dispose of the matter in the presence of
all the parties, depending on the nature of the case.
 Where the Police consider that there is sufficient evidence to support the case,
a) the file is forwarded to the Central Police Station (CPS) for further case
management.
b) From CPS, it is forwarded to the Resident State Attorney (RSA) for perusal, which
may result into sanctioning or closure.

1
Where the Police on a later time collect sufficient evidence, the suspect can be rearrested.
 6. Upon sanctioning:
 Plea taking
I. Plea of guilty, plea of not guilty, plea of autrefois acquit (tried of the same offense
and acquitted) and plea of autrefois convict((tried of the same offense and
convicted) and plea of pardon.
 Where the accused pleads guilty, the court records a conviction and enters a sentence.
 Where the accused pleads not guilty, the court proceeds to hear the case.

7. Hearing of the case. During the hearing, the (survivor) gives evidence that supports their cases
through the guidance of the State Attorney. Where court finds evidence, the accused is put on
defence.
 Ruling on a prima facie case (Where a pri mafacie case is made out, then the accused
will be put to his defense.)
 Opening of the defense case and hearing.
 Submissions by the prosecution and defense.

8. Judgment.
 When both sides have finished making their submissions, the magistrate will give his
judgment or reserve it for another date. In the judgment, the magistrate will either find the
accused guilty and convict him, or find him not guilty and acquit him and release him from
custody.

9. Preliminary investigations to ensure the crime is one, which should be prosecuted.

10. Notice to the accused of the offence charged upon arrest accused has to be told why he is being
arrested. Notice to give charge sheet with information against him, for him to respond and to
defend himself.
11. Opportunity to prepare for trial, and procure witnesses.
12. A speedy trial. A trial should be conducted as fast as possible because during the course of the
trial the accused may be kept in prison as they have been refused bail.
13. Fair trial before an impartial tribunal. Accused is given an opportunity to say something in his
defense. Through counsel of his own choice.
14. A right to the review of the case by a suitable appellate tribunal. Right to review if the accused is
not happy.

Under our jurisdiction there are 2 ways of review:

1. Review by way of appeal.

2. Review by way of revision.