Relevant bibliographies by topics / Section 170A of the Criminal Procedure Act

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Academic literature on the topic 'Section 170A of the Criminal Procedure Act'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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Journal articles on the topic "Section 170A of the Criminal Procedure Act"

1

Bekink, Mildred. "The Right of child offenders to intermediary assistance in the criminal justice system: A South African perspective." Potchefstroom Electronic Law Journal 24 (June 21, 2021): 1–34. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8563.

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The right of a child offender to participate effectively in criminal proceedings is a fundamental aspects of a right to a fair trial and is guaranteed in the Constitution of the Republic of South Africa, 1996 as well as in international instruments, including the United Nations Convention on the Rights of the Child. An arguments is made that ensuring that this right is fully realised at domestic level, allowances should be made for child offenders to be included in the provisions of section170A of the Criminal Procedure Act 51 of 1977. Section 170A makes allowances for the use of an intermediary by witnesses and victims when presenting testimony in criminal proceedings. It is argued that the best interest of the child principles as well as other rights such as the right to dignity and equality enshrined in the Constitution and guaranteed in international instruments warrants the inclusion of child offenders in the enabling legislation. An interpretation and implementation of Section 170A of the Criminal Procedure Act in line with the Constitution and international instruments that gives recognition to the child offender’s vulnerability and enforces the best interests of the child offender is accordingly advocated
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2

Bekink, Mildred. "Kerkhoff v Minister of Justice and Constitutional Development 2011 2 SACR 109 (GNP): Intermediary Appointment Reports and a Child's Right to Privacy Versus the Right of an Accused to Access to Information." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (January 3, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1035.

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General consensus exists that the adversarial nature of the South African criminal procedure with its often aggressive cross-examination of a witness, sometimes by an accused himself, will in most cases expose a child to undue mental stress or suffering when having to testify in court. In confirmation of this fact and with a notion to shield child witnesses from the stress or suffering when having to testify in the presence of an accused the function of an intermediary was introduced with the insertion of section 170A into the Criminal Procedure Act 51 of 1977. In terms of section 170A(1) a court may if it appears to such court that it would expose any witness under the biological or mental age of eighteen years to undue mental stress or suffering if he or she testified at such hearing, appoint a competent person as an intermediary in order for the witness to give evidence through that intermediary. Section 170A(1) contemplates that a child complainant will be assessed prior to testifying in court in order to determine whether the services of an intermediary should be used. If the assessment reveals that the services of an intermediary are needed, then the state must arrange for an intermediary to be available at the commencement of the trail. The aforementioned procedure of section 170A(1) was followed in Kerkhoff v Minister of Justice and Constitutional Development 2011 2 SACR 109 (GP) and is the subject of this discussion.
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3

Pienaar, Letitia. "Deciphering the Composition of Section 79- Assessment Panels in the Criminal Procedure Amendment Act 4 of 2017." Potchefstroom Electronic Law Journal 20 (January 22, 2018): 1–25. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a3062.

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Section 79 of the Criminal Procedure Act 51 of 1977 provides for the appointment of mental health professionals to assess an accused’s fitness to stand trial and/or criminal capacity if the court orders such an enquiry in terms of sections 77 and 78 of the Criminal Procedure Act. In terms of section 79, one mental health professional must assess an accused charged with a non-violent offence, whereas a panel of such professionals must assess an accused charged with an offence involving serious violence.
 The legislative provisions regarding the appointment of mental health professionals to a section 79-assessment panel are not without ambiguity. Section 79(1)(b) read with section 79(13) is problematic. Directives issued by the National Prosecuting Authority in terms of section 79(13) do not aid in clarifying the legal position either. The main point of contention is whether a section 79-assessment panel must consist of a minimum of two or three psychiatrists. This ambiguity creates challenges for presiding officers tasked with appointing section 79-assessment panels. When presiding officers appoint these panels incorrectly, it causes delays in the assessment process and the delivery of justice to the accused and the victim.
 The court considered the interplay between section 79(1)(b) and section 79(13) in S v Pedro 2015 1 SACR 41 (WCC). The judgment highlights the need to clarify the position in the Criminal Procedure Act regarding the appointment of section 79-assessment panels. This case provided the impetus for the amendment of section 79 through the Criminal Procedure Amendment Act 4 of 2017.
 This contribution explores the composition of section 79-assessment panels as provided for in the Criminal Procedure Act. Section 79(1)(b) and the seemingly contradictory provisions contained in section 79(13) are discussed. The S v Pedro judgment is discussed with a specific focus on the court’s interpretation of the interplay between these two provisions.
 Following the S v Pedro judgment, the Criminal Procedure Amendment Act 4 of 2017 amended section 79. This contribution explores the clarifying provisions of the Amendment Act regarding the composition of assessment panels
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4

Reddy, Managay. "Section 174 of the Criminal Procedure Act: Is it time for its abolition?" De Jure 51, no. 2 (2018): 251–70. http://dx.doi.org/10.17159/2225-7160/2018/v51n2a4.

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5

Pitman, D. J. M. "‘POINTING OUT’ and ‘POINTING AT’: SECTION 218 of the CRIMINAL PROCEDURE ACT REVISITED." South African Journal on Human Rights 7, no. 1 (1991): 70–84. http://dx.doi.org/10.1080/02587203.1991.11827827.

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6

Chiswick, Derek, Alexander P. W. Shubsachs, and Steven Novosel. "Reprosecution of patients found unfit to plead: a report of anomalies in procedure in Scotland." Psychiatric Bulletin 14, no. 4 (1990): 208–10. http://dx.doi.org/10.1192/pb.14.4.208.

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A legal finding of unfitness to plead results in automatic committal of the accused to a mental hospital. In Scotland, if criminal proceedings are under solemn jurisdiction, there is a mandatory order restricting discharge without limit of time and the hospital must be a state hospital unless for special reasons an alternative hospital is appropriate (Section 174 of the Criminal Procedure [Scotland] Act 1975). The mental condition of a person found unfit to plead may subsequently improve such that he may become fit to be tried in the normal way. In England and Wales the Home Secretary has power, under Section 5(4) of the Criminal Procedure (Insanity) Act 1964, to remit to prison for trial a person found unfit to plead who subsequently recovers. On arrival of such a person in prison the hospital and restriction orders cease to have effect. The Criminal Procedure (Insanity) Act 1964 does not apply to Scotland; authority to reprosecute unfit defendants in sheriff courts and the High Court rests exclusively with procurators fiscal and the Crown Office respectively. The status of the original hospital and restriction orders in reprosecuted cases is unclear.
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7

Kubiak, Rafał. "Criminal liability for performing laboratory diagnostics without necessary authority." Diagnostyka Laboratoryjna 54, no. 3 (2018): 185–90. http://dx.doi.org/10.5604/01.3001.0013.7714.

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The laboratory diagnostician’s profession is classified as the so-called professions of public trust. One of their features is limiting access to the profession through, among others, determining specific qualifications, education and skills, verified by appropriate bodies in the legal procedure, and awarded with so-called right to practice. The purpose of this procedure is allowing professional activities to be carried out only by persons who will guarantee their necessary quality. This requirement is particularly important in the case of medical employees, whose activities determine the life and health of patients. The Polish legislator secured the implementation of these requirements by means of the penal code. In art. 71 of the Act on laboratory diagnostics, a prohibited act has been described, which included performing laboratory diagnostic activities by a person who does not possess the authority do so. This is called a halved act, i.e. depending on the degree of social harm, may be considered an offense (section 1) or felony (section 2). This article discusses the terms of criminal liability for this act, including the circumstances qualifying it as a felony, in the form of actions to obtain a financial advantage or misleading as to the possession of authority. It explains who could be the perpetrator of this act and why the protection of criminal law was restricted only to activities performed in the laboratory. Penalties and criminal measures that can be imposed for this act, as well as the procedure for its prosecution, were also indicated. Deficiencies of this regulation and proposals for its amendment are also presented. The argument has been enriched by judicial decisions illustrating the presented theses.
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8

Bamgbose, Oludayo John. "Access to Prison Law Libraries as a Precursor to Effective Administration of Justice in Nigeria: Lessons from the United States of America." International Journal of Legal Information 46, no. 2 (2018): 110–19. http://dx.doi.org/10.1017/jli.2018.24.

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A decade after the inauguration of the national working group on the reform of criminal justice administration in Nigeria by the then Attorney General of the Federation, Chief Akin Olujinmi, SAN, Nigeria was presented with a newly signed law—Administration of Criminal Justice Act (ACJA), which was a direct response to the growing call for reforms that would address the plethora of problems confronting the administration of the criminal justice system in Nigeria. The 495-section law harmonized the existing two principal laws: the Criminal Procedure Act (CPA) and the Criminal Procedure Code (CPC), which hitherto governed the administration of criminal justice system across all Federal-owned Courts in Nigeria and the Courts within the Federal Capital Territory. Both CPA and CPC operated for many decades in Nigeria, but had many challenges, hence the urgency for the newcomer— ACJA.
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9

De la Harpe, Stephen, and Tharien Van der Walt. "The balancing of conflicting rights in the application of section 49 of The Criminal Procedure Act." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 6, no. 2 (2017): 15. http://dx.doi.org/10.17159/1727-3781/2003/v6i2a2863.

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Section 492 of the Criminal Procedure Act3 (hereafter CPA) provides for the use of force during arrest. This provision recently came under the spotlight in the Supreme Court of Appeal4 as well as in the Constitutional Court.5 Section 49 of the CPA is shrouded in controversy, as the proposed amendment (section 7 of the Judicial Matters Second Amendment Act, 122 of 1998) has not yet been put into operation because of the resistance of the Minister of Safety and Security.
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10

Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Review of Trademark and Its Enforcement Procedures of Pakistan under TRIPS and Paris Convention." Economics, Law and Policy 1, no. 2 (2018): 122. http://dx.doi.org/10.22158/elp.v1n2p122.

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<p><em>Enforcement of trademark law has been in evolution for decades in Pakistan. Pakistani laws dealing with trademark and its enforcement procedures are Trade Marks Ordinance 2001, Trade Marks Rules 2004, Intellectual Property Organization of Pakistan Act 2012 and relevant provisions of Pakistan Penal Code 1860 and Specific Relief Act 1877. Civil procedure is dealt in Pakistan as per Code of Civil Procedure 1908 and criminal procedure as per Code of Criminal Procedure 1898. This article is qualitative method of research analyses trademark and its enforcement procedures of Pakistan as per relevant trademark laws of Pakistan under the light of relevant provisions of Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Paris Convention. Paris Convention is the first International Convention containing trademark and its enforcement provisions (6-9) as TRIPS is the first International Agreement containing exhaustive provisions on trademark and its enforcement procedures (15-21, 41-61). Part III of TRIPS deals with enforcement of trademark including civil procedure, administrative procedure, provisional measures, border measures and criminal procedure of trademark enforcement. Trademark Registry established under section 9 of Trade Marks Ordinance 2001 and works under Intellectual Property Organization of Pakistan (IPO-Pakistan) which is a statutory body established under section 3 of Intellectual Property Organization of Pakistan Act 2012. The registered trademark owner in Pakistan can avail civil procedure, criminal procedure, administrative procedure as well as provisional and border measures for enforcement of his registered trademark right in Pakistan. TRIPS and Paris Convention have been ratified by Pakistan, but ratification of International Convention and its implementation are two different things. Better enforcement of trademark law may take years to achieve as per relevant provisions of International Conventions therefore designated authorities of Pakistan are required to establish more Trademark Registry branches, more IP Tribunals, appoint and induct more IP experts, examiners in-charge of registration and spread IP awareness throughout Pakistan for betterment of trademark law enforcement in Pakistan.</em><em></em></p>
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