CPR3701
EXAM MAY JUNE 2026
DUE: 23 MAY 2026 (MEMO)
, QUESTION 1: Compliance with the 48-Hour Rule
The 48‑hour rule is enshrined in section 35(1)(d) of the Constitution and section 50(1)(c)
and (d) of the CPA. Section 50(1)(c) requires that an arrested person be brought before
a lower court as soon as reasonably possible, but not later than 48 hours after arrest. If
the 48‑hour period expires outside ordinary court hours or on a non‑court day, the
accused must be brought before court not later than the end of the first court day
thereafter (s 50(1)(d)(i), CPA). “Ordinary court hours” are defined as 09h00 to 16h00 (s
50(2)(b), CPA; CPR3701 Study Guide, p. 59).
A was arrested on Monday at 10h00. The 48‑hour period expired on Wednesday at
10h00. Wednesday is a court day and 10h00 falls within ordinary court hours. A was
only brought to court on Wednesday at 14h00 – four hours after the expiry of the
48‑hour period but still during court hours. The fact that the police searched for A
through three provinces before the arrest does not affect the calculation; the 48‑hour
period runs from the moment of arrest (s 50(1)(c); Joubert Criminal Procedure
Handbook 13th ed, ch 7, para 5.5). No exception under section 50(1)(d)(ii) (physical
illness) applies.
The 48‑hour rule was not complied with. A should have been brought before court by no
later than Wednesday at 10h00. His appearance at 14h00 violates s 35(1)(d) of the
Constitution and s 50(1)(c) of the CPA.
EXAM MAY JUNE 2026
DUE: 23 MAY 2026 (MEMO)
, QUESTION 1: Compliance with the 48-Hour Rule
The 48‑hour rule is enshrined in section 35(1)(d) of the Constitution and section 50(1)(c)
and (d) of the CPA. Section 50(1)(c) requires that an arrested person be brought before
a lower court as soon as reasonably possible, but not later than 48 hours after arrest. If
the 48‑hour period expires outside ordinary court hours or on a non‑court day, the
accused must be brought before court not later than the end of the first court day
thereafter (s 50(1)(d)(i), CPA). “Ordinary court hours” are defined as 09h00 to 16h00 (s
50(2)(b), CPA; CPR3701 Study Guide, p. 59).
A was arrested on Monday at 10h00. The 48‑hour period expired on Wednesday at
10h00. Wednesday is a court day and 10h00 falls within ordinary court hours. A was
only brought to court on Wednesday at 14h00 – four hours after the expiry of the
48‑hour period but still during court hours. The fact that the police searched for A
through three provinces before the arrest does not affect the calculation; the 48‑hour
period runs from the moment of arrest (s 50(1)(c); Joubert Criminal Procedure
Handbook 13th ed, ch 7, para 5.5). No exception under section 50(1)(d)(ii) (physical
illness) applies.
The 48‑hour rule was not complied with. A should have been brought before court by no
later than Wednesday at 10h00. His appearance at 14h00 violates s 35(1)(d) of the
Constitution and s 50(1)(c) of the CPA.
