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An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property.
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may possibly be brought up on charges of the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.
A justice of the peace (JP) is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.
Roy Leslie Bennett was a Zimbabwean politician and member of the British South Africa Police. He was also a member of the House of Assembly of Zimbabwe for the seat of Chimanimani, where he was affectionately known as Pachedu. He was the Treasurer of the Movement for Democratic Change party led by Morgan Tsvangirai and a member of the Senate of Zimbabwe. He was set to become the Deputy Minister of Agriculture of Zimbabwe until President Robert Mugabe refused to swear him in.
In England and Wales, a magistrates' court is a lower court which hears cases of summary offences and preliminary hearings for more serious ones. Some civil law matters are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980.
Under Indian criminal law, there is a provision for anticipatory bail under Section 438(1) of the Criminal Procedure Code. Law Commission of India in its 41st report recommended to incorporate this provision in procedure code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
This article concerns the legal mechanisms by way of which a decision of an England and Wales magistrates' court may be challenged. There are four mechanisms under which a decision of a magistrates' court may be challenged:
National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights in the Constitution – and in particular its explicit prohibition of discrimination based on sexual orientation – the court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid.
Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.
The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
Anni Ninna Dewani was a Swedish woman of Indian origin who was murdered while on her honeymoon in South Africa after the taxi in which she and her husband were traveling was hijacked.
The Criminal Justice Act 1967 is an Act of the Parliament of the United Kingdom.
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.
S v Acheson is an important case in Namibian and South African law, especially in the area of criminal procedure. It was heard in the Namibia High Court from 18 to 20 April 1990, by Mahomed AJ, who handed down judgment on 23 April 1990. T. Grobbelaar SC appeared for the accused, and H. Heyman for the State.
The South African law of evidence forms part of the adjectival or procedural law of that country. It is based on English common law.
S v Vika, an important case in South African criminal law, was heard on May 12, 2010. MM Xozwa, instructed by the Justice Centre, Grahamstown, appeared for the appellant; H. Obermeyer appeared for the State. The case was an appeal against sentence imposed in a regional court.
In Toich v Magistrate, Riversdale (2007), an important case in South African criminal procedure, Toich's home was searched on two occasions by the police, who were purportedly acting in terms of valid search warrants. Various items and sums of cash were seized.
Informal admissions in South African law are part of the South African law of evidence. Briefly, an admission is a statement made by a party, in civil or criminal proceedings, which is adverse to that party's case. Informal admissions, which are usually made out of court, must be distinguished from formal admissions, made in the pleadings or in court. Formal admissions are binding on the maker, and are generally made in order to reduce the number of issues before the court; an informal admission is merely an item of evidence that can be contradicted or explained away.
Bail in the United Kingdom is the practice of releasing individuals from remand subject to certain conditions which are designed to enable criminal justice outcomes, primarily trials and police investigations, to be completed efficiently and effectively. The right to bail is guaranteed in a wide range of contexts but is not absolute. The legal systems of England and Wales, Northern Ireland and of Scotland each deal with bail in similar but distinct ways. Bail can be granted by the courts, the police and certain other criminal justice authorities including the Serious Fraud Office (SFO) and Financial Conduct Authority (FCA).
References
- Veenendal v Minister of Justice 1993 (1) SACR 154 (T).