Archive for the ‘Criminal Procedure’ Category

Some people are wondering whether an accused person may be identified before he or she has appeared in court and pleaded. The short answer is no – she of he – to the extent to which she or he is an accused – may not be identified. This follows from reading sub-section 154(2)(b) with sub-section […]

James Grant[1] Introduction The recent decision of the Constitutional Court in Minister of Justice v Prince[2](“MOJ v Prince”)was met with ululation in court. The Court found decisively in favour of the private use, cultivation and possession of cannabis – in private. The decision went to far for some, and not far enough for others. It […]

Bail before one’s first appearance

Posted: 3rd October 2018 by jamesgrantlaw in Criminal Procedure

If one is arrested one may be permitted on bail – before one’s first appearance in court. These instances should be regarded as exceptions to the rule that one may apply for bail at one’s first appearance.[1] They fall into two categories and are known as either “police bail” or “prosecutor bail”. Both categories are […]