Arrest without a warrant: When is an offence committed in the presence of an arresting officer?

Arrest without a warrant: When is an offence committed in the presence of an arresting officer?

Authors Chuks Okpaluba

ISSN: 1996-2118
Affiliations: Visiting Professor, College of Law, University of South Africa
Source: South African Journal of Criminal Justice, Volume 28 Issue 3, p. 257 – 283

Abstract

The circumstances in which a police officer may, without warrant, arrest any person who commits or about to commit an offence in his or her presence in terms of s 40(1)(a) of the Criminal Procedure Act 51 of 1977 is by no means easy to determine. Does an offence committed in the presence of a police, or arresting officer, contemplate that incident which the officer witnessed or does it include arrest based on information brought to his or her attention by someone else? Assuming that the officer was present in the vicinity of the event but did not witness the actual commission of the offence, to what extent can he, in effecting an arrest under s 40(1)(a), rely on information from another officer or a third party who saw what happened? Would that meet the requirement of an offence committed in the presence of a peace officer? In other words, can the arresting officer see through the lense of his colleague or that of a third party?

Ensuring procedurally fair identification parades in South Africa

Ensuring procedurally fair identification parades in South Africa

Authors Bobby Naudé

ISSN: 1996-2118
Affiliations: Professor of Law, Unisa
Source: South African Journal of Criminal Justice, Volume 28 Issue 2, p. 188 – 203

Abstract

The impact of system variables on the accuracy and fairness of identifications made during police identification parades with reference to the latest research is considered. System variables are factors that the criminal justice system should control, such as the way witness memory is retrieved and recorded. This discussion points to certain basic principles that should ensure fair identification parades and shows how our current identification parade procedures can be improved to help guarantee a fair trial for all accused persons. It is recommended that identification parades be conducted ‘blind’, sequentially, and that all identification parades be videotaped. More effort should be made to keep multiple identifying witnesses separate, and a confidence statement must be obtained from the identifying witness directly after a specific identification is made.