TOPIC EIGHT: FURTHER PARTICULARS TO A CHARGE
Section 87(1): Court May Order Delivery of Particulars
An accused may request the prosecution to supply particulars or further particulars of any
matter alleged in the charge
Such a request must be in writing
Furthermore, it must be made before any evidence has been led in respect of that charge
(i.e. it can be after the plea, so long as no evidence has been led yet)
The reason for this is that before 1977, the procedure was carried out in a way that the
accused plead as early as possible
If particulars are only requested after the plea, the accused has no right to have the
charge quashed if he is dissatisfied with the particulars
If the State refuses to supply the particulars or if the accused is not satisfied with the
particulars delivered, the court can direct particulars to be delivered
The court may adjourn proceedings to allow the State time to furnish such particulars
On delivery, the particulars form part of record and trial proceeds as if charge was
amended in accordance with particulars – the State is then bound by the particulars as it is
bound by the charge (s87(2))
m
er as
What is Not Subject to Further Particulars?
co
eH w
The accused is not entitled to request further particulars when pleading under s119 or
s122A of the CPA. This is because the trial has not commenced yet
o.
The accused is not entitled to particulars as to what the prosecution intends using as
rs e
exhibits at the trial. This is because this is regarded as evidence, not part of the charge
ou urc
itself
Du Toit v DPP
Certain of the accused applied for an order in terms of which:
o
o the State would be bound to further particulars it had supplied as well as statements which the
aC s
State had placed on record that full discovery of the case docket had taken place, and
vi y re
o the State would be prohibited from using in the trial of the accused in any way, either directly
or indirectly, documents which were handed to the defence after the commencement of the
trial
The court held that to say that the mere request for documents amounted to a request for further
particulars which would bind the State if they were not provided immediately, was incorrect
ed d
Furthermore, the State could not be prohibited from presenting documents because they had limited
themselves in an answer to a request for further particulars to only certain documents
ar stu
Thus the accused is not entitled to particulars regarding what the prosecution intends using as exhibits
at the trial, and merely not including such evidence in the further particulars does not bar the State
from presenting such documents
Therefore the application was totally premature and ill-founded and the application was refused
is
Note: this case also falls under Topic 4 in respect of disclosure by the Prosecution, but the
Th
underlined part is all that is necessary to remember for this topic
sh
General Principles
Although s84(3) says that it is sufficient to describe a statutory offence in the words of
the statute, this cannot be used as justification for a charge that would otherwise be
objectionable
Thus the State can’t refuse to say more if the accused requires further particulars
This study source was downloaded by 100000826075669 from CourseHero.com on 05-23-2021 05:10:41 GMT -05:00 1
https://www.coursehero.com/file/80213400/8-Further-Particulars-to-a-Chargedoc/
Section 87(1): Court May Order Delivery of Particulars
An accused may request the prosecution to supply particulars or further particulars of any
matter alleged in the charge
Such a request must be in writing
Furthermore, it must be made before any evidence has been led in respect of that charge
(i.e. it can be after the plea, so long as no evidence has been led yet)
The reason for this is that before 1977, the procedure was carried out in a way that the
accused plead as early as possible
If particulars are only requested after the plea, the accused has no right to have the
charge quashed if he is dissatisfied with the particulars
If the State refuses to supply the particulars or if the accused is not satisfied with the
particulars delivered, the court can direct particulars to be delivered
The court may adjourn proceedings to allow the State time to furnish such particulars
On delivery, the particulars form part of record and trial proceeds as if charge was
amended in accordance with particulars – the State is then bound by the particulars as it is
bound by the charge (s87(2))
m
er as
What is Not Subject to Further Particulars?
co
eH w
The accused is not entitled to request further particulars when pleading under s119 or
s122A of the CPA. This is because the trial has not commenced yet
o.
The accused is not entitled to particulars as to what the prosecution intends using as
rs e
exhibits at the trial. This is because this is regarded as evidence, not part of the charge
ou urc
itself
Du Toit v DPP
Certain of the accused applied for an order in terms of which:
o
o the State would be bound to further particulars it had supplied as well as statements which the
aC s
State had placed on record that full discovery of the case docket had taken place, and
vi y re
o the State would be prohibited from using in the trial of the accused in any way, either directly
or indirectly, documents which were handed to the defence after the commencement of the
trial
The court held that to say that the mere request for documents amounted to a request for further
particulars which would bind the State if they were not provided immediately, was incorrect
ed d
Furthermore, the State could not be prohibited from presenting documents because they had limited
themselves in an answer to a request for further particulars to only certain documents
ar stu
Thus the accused is not entitled to particulars regarding what the prosecution intends using as exhibits
at the trial, and merely not including such evidence in the further particulars does not bar the State
from presenting such documents
Therefore the application was totally premature and ill-founded and the application was refused
is
Note: this case also falls under Topic 4 in respect of disclosure by the Prosecution, but the
Th
underlined part is all that is necessary to remember for this topic
sh
General Principles
Although s84(3) says that it is sufficient to describe a statutory offence in the words of
the statute, this cannot be used as justification for a charge that would otherwise be
objectionable
Thus the State can’t refuse to say more if the accused requires further particulars
This study source was downloaded by 100000826075669 from CourseHero.com on 05-23-2021 05:10:41 GMT -05:00 1
https://www.coursehero.com/file/80213400/8-Further-Particulars-to-a-Chargedoc/
