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Table of Contents
Criminal Procedure Act, 1977 (Act No. 51 of 1977)
Notice No. 748 of 1977
Act
1. Definitions
Chapter 1 : Prosecuting Authority
2. [Repealed]
3. [Repealed]
4. [Repealed]
5. [Repealed]
6. Power to withdraw charge or stop prosecution
7. Private prosecution on certificate nolle prosequi
8. Private prosecution under statutory right
9. Security by private prosecutor
10. Private prosecution in name of private prosecutor
11. Failure of private prosecutor to appear
12. Mode of conducting private prosecution
13. Attorney-general may intervene in private prosecution
14. Costs in respect of process
15. Costs of private prosecution
16. Costs of accused in private prosecution
17. Taxation of costs
18. Prescription of right to institute prosecution
Chapter 2 : Search warrants, entering of premises, seizure, forfeiture and disposal of property connected with offences
19. Saving as to certain powers conferred by other laws
20. State may seize certain articles
21. Article to be seized under search warrant
22. Circumstances in which article may be seized without search warrant
23. Search of arrested person and seizure of article
24. Search of premises
25. Power of police to enter premises in connection with State security or any offence
26. Entering of premises for purposes of obtaining evidence
27. Resistance against entry or search
28. Wrongful search an offence, and award of damages
29. Search to be conducted in decent and orderly manner
30. Disposal by police official of article after seizure
31. Disposal of article where no criminal proceedings are instituted or where it is not required for criminal proceedings
32. Disposal of article where criminal proceedings are instituted and admission of guilt fine is paid
33. Article to be transferred to court for purposes of trial
34. Disposal of article after commencement of criminal proceedings
35. Forfeiture of article to State
36. Disposal of article concerned in an offence committed outside Republic
Chapter 3 : Ascertainment of Bodily Features of Person
36A. Interpretation of Chapter 3
36B. Powers in respect of fingerprints of accused and convicted persons
36C. Fingerprints and body-prints for investigation purposes
36D. Powers in respect of buccal samples, bodily samples amd crime scene samples
36E. Samples for investigation purposes
37. Powers in respect of body-prints and bodily appearance of accused and convicted persons
Chapter 4 : Methods of Securing Attendance of Accused in Court
38. Methods of securing attendance of accused in court
Chapter 5 : Arrest
39. Manner and effect of arrest
40. Arrest by peace officer without warrant
41. Name and address of certain persons and power of arrest by peace officer without warrant
42. Arrest by private person without warrant
43. Warrant of arrest may be issued by magistrate or justice
44. Execution of warrants
45. Arrest on telegraphic authority
46. Non-liability for wrongful arrest
47. Private persons to assist in arrest when called upon
48. Breaking open premises for purpose of arrest
49. Use of force in effecting arrest
50. Procedure after arrest
51. Escaping and aiding escaping before incarceration, and penalties therefor
52. Saving of other powers of arrest
53. Saving of civil law rights and liability
Chapter 6 : Summons
54. Summons as method of securing attendance of accused in magistrate's court
55. Failure of accused to appear on summons
Chapter 7 : Written Notice to appear in Court
56. Written notice as method of securing of accused in magistrate's court
Chapter 8 : Admission of Guilt Fine
57. Admission of guilt and payment of fine without appearance in court
57A. Admission of guilt and payment of fine after appearing in court
57B. Payment of admission of guilt fine without appearance in court and previous conviction
57C. Expungement of criminal records of persons whose name appears in records of Criminal Record Centre of South African Police Service after having paid an admission of guilt fine for offences determined in terms of section 57B(1)
57D. Convictions and sentences in respect of admission of guilt fines relating to offences in terms of regulations made in terms of section 27(2) of Disaster Management Act, 2002
Chapter 9 : Bail
58. Effect of bail
59. Bail before first appearance of accused in lower court
59A. Attorney-general may authorise release on bail
60. Bail application of accused in court
61. [Repealed]
62. Court may add further conditions of bail
63. Amendment of conditions of bail
63A. Release or amendment of bail conditions of ...
64. Proceedings with regard to bail and conditions ...
65. Appeal to superior court with regard to bail
65A. Appeal by attorney-general against decision ...
66. Failure by accused to observe condition of bail
67. Failure of accused on bail to appear
67A. Criminal liability of a person who is on bail on ...
68. Cancellation of bail
68A. Cancellation of bail at request of accused
69. Payment of bail money by third person
70. Remission of bail money
71. [Repealed] Juvenile may be placed in place of safety ...
Chapter 10 : Release on Warning
72. Accused may be released on warning in lieu of bail
72A. Cancellation of release on warning
Chapter 11 : Assistance to Accused
73. Accused entitled to assistance after arrest and ...
74. [Repealed] Parent or guardian of accused eighteen ...
Chapter 12 : Summary Trial
75. Summary trial and court of trial
76. Charge-sheet and proof of record of criminal case
Chapter 13 : Accused: Capacity to Understand Proceedings: Mental Illness and Criminal Responsibility
77. Capacity of accused to understand proceedings
78. Mental illness or intellectual disability and criminal responsibility
79. Panel for purposes of enquiry and report under sections 77 and 78
Chapter 14 : The Charge
80. Accused may examine charge
81. Joinder of charges
82. Several charges to be disposed of by same court
83. Charge where it is doubtful what offence committed
84. Essentials of charge
85. Objection to charge
86. Court may order that charge be amended
87. Court may order delivery of particulars
88. Defect in charge cured by evidence
89. Previous conviction not to be alleged in charge
90. Charge need not specify or negative exception, exemption, proviso, excuse or qualification
91. Charge need not state manner or means of act
92. Certain omissions or imperfections not to invalidate charge
93. Alibi and date of act or offence
94. Charge may allege commission of offence on divers occasions
95. Rules applicable to particular charges
96. Naming of company, firm or partnership in charge
97. Naming of joint owners of property in charge
98. Charge of murder or culpable homicide sufficient if it alleges fact of killing
99. Charge relating to document sufficient if it refers to document by name
100. Charge alleging theft may allege general deficiency
101. Charge relating to false evidence
102. Charge relating to insolvency
103. Charge alleging intent to defraud need not allege or prove such intent in respect of particular person or mention owner of property or set forth details of deceit
104. Reference in charge to objectionable matter not necessary
Chapter 15 : The Plea
105. Accused to plead to charge
105A. Plea and sentence agreements
106. Pleas
107. Truth and publication for public benefit of defamatory matter to be specially pleaded
108. Issues raised by plea to be tried
109. Accused refusing to plead
Chapter 16 : Jurisdiction
110. Accused brought before court which has no jurisdiction
110A. Jurisdiction in respect of offences committed by certain persons outside Republic
111. Minister may remove trial to jurisdiction of another attorney-general
Chapter 17 : Plea of Guility at Summary Trial
112. Plea of guilty
113. Correction of plea of guilty
114. Committal by magistrate's court of accused for sentence by regional court after plea of guilty
Chapter 18 : Plea of Not Guilty at Summary Trial
115. Plea of not guilty and procedure with regard to issues
115A. Committal of accused for trial by regional court
116. Committal of accused for sentence by regional court after trial in magistrate's court
117. Committal to superior court in special case
118. Non-availability of judicial officer after plea of not guilty
Chapter 19 : Plea in Magistrate's Court on Charge Justiciable in Superior Court
119. Accused to plead in magistrate's court on instructions of attorney-general
120. Charge-sheet and proof of record
121. Plea of guilty
122. Plea of not guilty
Chapter 19A : Plea in Magistrate's Court on charge to be adjudicated in Regional Court
122A. Accused to plead in magistrate's court on charge to be tried in regional court
122B. Charge-sheet and proof of record
122C. Plea of guilty
122D. Plea of not guilty
Chapter 20 : Preparatory Examination
123. Attorney-general may instruct that preparatory examination be held
124. Proceedings preceding holding of preparatory examination to form part of preparatory examination record
125. Attorney-general may direct that preparatory examination be conducted at a specified place
126. Procedure to be followed by magistrate at preparatory examination
127. Recalling of witnesses after conversion of trial into preparatory examination
128. Examination of prosecution witnesses at preparatory examination
129. Recording of evidence at preparatory examination and proof of record
130. Charge to be put at conclusion of evidence for prosecution
131. Accused to plead to charge
132. Procedure after plea
133. Accused may testify at preparatory examination
134. Accused may call witnesses at preparatory examination
135. Discharge of accused at conclusion of preparatory examination
136. Procedure with regard to exhibits at preparatory examination
137. Magistrate to transmit record of preparatory examination to attorney-general
138. Preparatory examination may be continued before different judicial officer
139. Attorney-general may arraign accused for sentence or trial
140. Procedure where accused arraigned for sentence
141. Procedure where accused arraigned for trial
142. Procedure where attorney-general declines to prosecute
143. Accused may inspect preparatory examination record and is entitled to copy thereof
Chapter 21 : Trial before Superior Court
144. Charge in superior court to be laid in an indictment
145. Trial in superior court by judge sitting with or without assessors
146. Reasons for decision by superior court in criminal trial
147. Death or incapacity of assessor
148. [Repealed]
149. Change of venue in superior court after indictment has been lodged
Chapter 22 : Conduct of Proceedings
150. Prosecutor may address court and adduce evidence
151. Accused may address court and adduce evidence
152. Criminal proceedings to be conducted in open court
153. Circumstances in which criminal proceedings shall not take place in open court
154. Prohibition of publication of certain information relating to criminal proceedings
155. Persons implicated in same offence may be tried together
156. Persons committing separate offences at same time and place may be tried together
157. Joinder of accused and separation of trials
158. Criminal proceedings to take place in presence of accused
159. Circumstances in which criminal proceedings may take place in absence of accused
159A. Postponement of certain criminal proceedings through audiovisual link
159B. Requirements for audiovisual appearance by accused person
159C. Technical requirements for use of audiovisual link
159D. Protection of communication between accused person and legal representative
160. Procedure at criminal proceedings where accused is absent
161. Witness to testify viva voce
162. Witness to be examined under oath
163. Affirmation in lieu of oath
164. When unsworn or unaffirmed evidence admissible
165. Oath, affirmation or admonition may be administered by or through interpreter or intermediary
166. Cross-examination and re-examination of witnesses
167. Court may examine witness or person in attendance
168. Court may adjourn proceedings to any date
169. Court may adjourn proceedings to any place
170. Failure of accused to appear after adjournment or to remain in attendance
170A. Evidence through intermediaries
171. Evidence on commission
172. Parties may examine witness
173. Evidence on commission part of court record
174. Accused may be discharged at close of case for prosecution
175. Prosecution and defence may address court at conclusion of evidence
176. Judgment may be corrected
177. Court may defer final decision
178. Arrest of person committing offence in court and removal from court of person disturbing proceedings
Chapter 23 : Witnesses
179. Process for securing attendance of witness
180. Service of subpoena
181. Pre-payment of witness expenses
182. Witness from prison
183. Witness to keep police informed of whereabouts
184. Witness about to abscond and witness evading service of summons
185. Detention of witness
185A. [Repealed]
186. Court may subpoena witness
187. Witness to attend proceedings and to remain in attendance
188. Failure by witness to attend or to remain in attendance
189. Powers of court with regard to recalcitrant witness
190. Impeachment or support of credibility of witness
191. Payment of expenses of witness
191A. Witness services
192. Every witness competent and compellable unless expressly excluded
193. Court to decide upon competency of witness
194. Incompetency due to state of mind
194A. Evaluation of competency of witnesses due to state of mind
195. Evidence for prosecution by husband or wife of accused
196. Evidence of accused and husband or wife on behalf of accused
197. Privileges of accused when giving evidence
198. Privilege arising out of marital state
199. No witness compelled to answer questions which the witness's husband or wife may decline
200. Witness not excused from answer establishing civil liability on his part
201. Privilege of legal practitioner
202. Privilege from disclosure on ground of public policy or public interest
203. Witness excused from answering incriminating question
204. Incriminating evidence by witness for prosecution
205. Judge, regional court magistrate or magistrate may take evidence as to alleged offence
206. The law in cases not provided for
207. Saving of special provisions in other laws
Chapter 24 : Evidence
208. Conviction may follow on evidence of single witness
209. Conviction may follow on confession by accused
210. Irrelevant evidence inadmissible
211. Evidence during criminal proceedings of previous convictions
212. Proof of certain facts by affidavit or certificate
212A. Proof of certain facts by affidavit from person in foreign country
212B. Proof of undisputed facts
213. Proof of written statement by consent
214. Evidence recorded at preparatory examination admissible at trial in certain circumstances
215. Evidence recorded at former trial admissible at later trial in certain circumstances
216. [Repealed]
217. Admissibility of confession by accused
218. Admissibility of facts discovered by means of inadmissible confession
219. Confession not admissible against another
219A. Admissibility of admission by accused
220. Admissions
221. Admissibility of certain trade or business records
222. Application to criminal proceedings of certain provisions
223. [Repealed]
224. Judicial notice of laws and other published matter
225. Evidence of prints, bodily samples or bodily appearance of accused
226. Evidence of no sexual intercourse between spouses admissible
227. Evidence of character and previous sexual experience
228. Evidence of disputed writing
229. Evidence of times of sunrise and sunset
230. Evidence and sufficiency of evidence of appointment to public office
231. Evidence of signature of public officer
232. Article may be proved in evidence by means of photograph thereof
233. Proof of public documents
234. Proof of official documents
235. Proof of judicial proceedings
236. Proof of entries in accounting records and documentation of banks
236A. Proof of entries in accounting records and documentation of banks in countries outside Republic
237. Evidence on charge of bigamy
238. Evidence of relationship on charge of incest
239. Evidence on charge of infanticide or concealment of birth
240. Evidence on charge of receiving stolen property
241. Evidence of previous conviction on charge of receiving stolen property
242. Evidence on charge of defamation
243. Evidence of receipt of money or property and general deficiency on charge of theft
244. Evidence on charge relating to seals and stamps
245. Evidence on charge of which false representation is element
246. Presumptions relating to certain documents
247. Presumptions relating to absence from Republic of certain persons
248. Presumption that accused possessed particular qualification or acted in particular capacity
249. Presumption of failure to pay tax or to furnish information relating to tax
250. Presumption of lack of authority
251. Unstamped instrument admissible in criminal proceedings
252. The law in cases not provided for
252A. Authority to make use of traps and undercover operations and admissibility of evidence so obtained
253. Saving of special provisions in other laws
Chapter 25 : Conversion of Trial into Enquiry
254. [Repealed] Court may refer juvenile accused to children’s court
255. Court may order enquiry under Prevention and Treatment of Drug Dependency Act, 1992
Chapter 26 : Competent Verdicts
256. Attempt
257. Accessory after the fact
258. Murder and attempted murder
259. Culpable homicide
260. Robbery
261. Rape, compelled rape, sexual assault, compelled sexual assault and compelled self-sexual assault
261A. Trafficking in persons
262. Housebreaking with intent to commit an offence
263. Statutory offence of breaking and entering or of entering premises
264. Theft
265. Receiving stolen property knowing it to have been stolen
266. Assault with intent to do grievous bodily harm
267. Common assault
268. Statutory unlawful carnal intercourse
269. [Repealed] Sodomy
269A. Offence
270. Offences not specified in this Chapter
Chapter 27 : Previous Convictions
271. Previous convictions may be proved
271A. Certain convictions fall away as previous convictions after expiration of 10 years
271B. Expungement of certain criminal records
271C. Expungement of certain criminal records under legislation
271D. Expungement of certain criminal records by Criminal Record Centre
271DA. Revoking of certificate of expungement erroneously issued
271DB. Delegation of powers and assignment of duties by Director-General
271E. Regulations
272. Finger-print record prima facie evidence of conviction
273. Evidence of further particulars relating to previous conviction
Chapter 28 : Sentence
274. Evidence on sentence
275. Sentence by judicial officer or judge other than judicial officer or judge who convicted accused
276. Nature of punishments
276A. Imposition of correctional supervision, and conversion of imprisonment into correctional supervision and vice versa
276B. Fixing of non-parole-period
277. [Repealed]
278. [Repealed]
279. [Repealed]
280. Cumulative or concurrent sentences
281. Interpretation of certain provisions in laws relating to imprisonment and fines
282. Antedating sentence of imprisonment
283. Discretion of court as to punishment
284. Minimum period of imprisonment four days
285. Periodical imprisonment
286. Declaration of certain persons as habitual criminals
286A. Declaration of certain persons as dangerous criminals
286B. Imprisonment for indefinite period
287. Imprisonment in default of payment of fine
288. Recovery of fine
289. Court may enforce payment of fine
290. [Repealed] Manner of dealing with convicted juvenile
291. [Repealed] Duration of orders under section 290
292. [Repealed]
293. [Repealed]
294. [Repealed]
295. [Repealed]
296. Committal to treatment centre
297. Conditional or unconditional postponement or suspension of sentence, and caution or reprimand
297A. Liability for patrimonial loss arising from performance of community service
297B. Agreement on operation of suspended sentences
298. Sentence may be corrected
299. Warrant for the execution of sentence
299A. Right of complainant to make representations in certain matters with regard to placement on parole, on day parole, or under correctional supervision
Chapter 29 : Compensation and Restitution
300. Court may award compensation where offence causes damage to or loss of property
301. Compensation to innocent purchaser of property unlawfully obtained
Chapter 30 : Reviews and Appeals in Cases of Criminal Proceedings in Lower Courts
302. Sentences subject to review in the ordinary course
303. Transmission of record
304. Procedure on review
304A. Review of proceedings before sentence
305. [Repealed]
306. Accused may set down case for argument
307. Execution of sentence not suspended unless bail granted
308. [Repealed]
308A. Correctional supervision not suspended unless bail granted
309. Appeal from lower court by person convicted
309A. Appeal against conviction and sentence of chiefs, headmen and chiefs' deputies
309B. Application for leave to appeal
309C. Petition procedure
309D. Explanation of certain rights to unrepresented and certain other accused
310. Appeal from lower court by prosecutor
310A. Appeal by attorney-general against sentence of lower court
311. Appeal to Appellate Division
312. Review or appeal and failure to comply with subsection (1) (b) or (2) of section 112
313. Institution of proceedings de novo when conviction set aside on appeal or review
314. Obtaining presence of convicted person in lower court after setting aside of sentence or order
Chapter 31 : Appeals in cases of Criminal Proceedings in Superior Courts
315. Court of appeal in respect of superior court judgments
316. Applications for condonation, leave to appeal and further evidence
316A. [Repealed]
316B. Appeal by attorney-general against sentence of superior court
317. Special entry of irregularity or illegality
318. Appeal on special entry under section 317
319. Reservation of question of law
320. Report of trial judge to be furnished on appeal
321. When execution of sentence may be suspended
322. Powers of court of appeal
323. [Repealed]
324. Institution of proceedings de novo when conviction set aside on appeal
Chapter 32 : Mercy and Free Pardon
325. Saving of power of State President to extend mercy
325A. [Repealed]
326. [Repealed]
327. Further evidence and free pardon or substitution of verdict by State President
Chapter 33 : General Provisions
328. Force of process
329. Court process may be served or executed by police official
330. Transmission of court process by telegraph or similar communication
331. Irregular warrant or process
332. Prosecution of corporations and members of associations
333. Minister may invoke decision of Appellate Division on question of law
334. Minister may declare certain persons peace officers for specific purposes
335. Person who makes statement entitled to copy thereof
335A. Prohibition of publication of identity of persons towards or in connection with whom certain offences have been committed
335B. Medical examination of minors towards or in connection with whom certain offences have been committed
336. Act or omission constituting offence under two or more laws
337. Estimating age of person
338. Production of document by accused in criminal proceedings
339. Removal of accused from one prison to another for purpose of attending at criminal proceedings
340. Prison list of unsentenced prisoners and witnesses detained
341. Compounding of certain minor offences
342. Conviction or acquittal no bar to civil action for damages
342A. Unreasonable delays in trials
343. [Repealed]
344. Repeal of laws
345. Short title and date of commencement
Schedules
Schedule 1
Schedule 2
Schedule 3
Schedule 4 : Laws Repealed
Schedule 5
Schedule 6
Schedule 7
Schedule 8
Regulations
Regulations Prescribing the Tariff of Allowances Payable to Witnesses in Criminal Proceedings
Notice No. R. 391 of 2008
1. Definitions
2. Subsistence allowance
3. Transport and travelling expenses
4. Income forfeited
5. to 12. Supplementary provisions
Regulations Prescribing the Tariff of Allowances Payable to Psychiatrists and Clinical Psychologists who Appear as Witnesses in Court
Notice No. R. 392 of 2008
1. Definitions
2. Subsistence allowance
3. Transport and travelling expenses
4. Remuneration for court attendance
5. to 9. Supplementary provisions
Regulations under the Criminal Procedure Act, 1977 (Act No. 51 of 1977)
Notice No. R. 513 of 2009
1. Definitions
2. Application for expungement of criminal record
3. Certificate of expungement
4. Expungement of criminal records by Criminal Record Centre
Forms
Notices
Tariff Payable to Psychiatrist or Clinical Psychologist for an Enquiry into the Mental Condition of an Accused
Notice No. R. 964 of 2017
1. Definitions
2. Transport and travelling expenses
3. Remuneration for services
4. Repeal of Notice
Declaration of Peace Officers in terms of Section 334 of the Criminal Procedure Act, 1977: Inspectors appointed in terms of Section 64 of the North West Gambling Act, 2001
Notice No. R. 1147 of 2016
Schedule
Declaration of Peace Officers in terms of Section 334 of the Criminal Procedure Act, 1977: Immigration Officers Appointed in terms of Section 33(2)(b) of the Immigration Act, 2002
Notice No. R. 499 of 2019
Schedule
Declaration of Peace Officers Members of the Border Management Authority (Border Guards) in terms of Section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977)
Notice No. R. 2828 of 2022
Schedule
Declaration of Peace Officers in terms of Section 334 of the Criminal Procedure Act, 1977 : Investigators for the Investigating Directorate
Notice No. R. 2849 of 2022
Schedule
Declaration of Peace Officers in terms of Section 334 of the Criminal Procedure Act, 1977 : Investigators for the Investigating Directorate
Notice No. 4115 of 2023
Schedule
Determinations
[Repealed] Determination of persons or category or class of persons who are Competent to be Appointed as Intermediaries
Notice No. R. 663 of 2017
Determination of Persons or Category or Class of Persons who are Competent to be Appointed as Intermediaries: Criminal Procedure Act, 1977
Notice No. R. 2418 of 2022
Proclamations
Determination of date of coming into operation of Section 2 of the Criminal Law (Forensic Procedures) Amendment Act, 2013, (Insertion of Section 13D (1) in the Criminal Procedure Act, 1977)
Proclamation Notice 48 of 2022
"charge"
includes an indictment and a summons;
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