Summary SPR 400 semester test 1 notes.docx (University of Pretoria) complete full summarized notes

SPR 400 semester test 1 University of Pretoria complete full summarized notes Textbook notes: The sections in the CRSA which are applicable to criminal procedure are s7, 8 (application of the BOR), 8(2), 35 (rights of arrested, accused and detained persons), 36 (limitation clause), 37 (states of emergency), 38 (enforcement of rights) and s39 (interpretations clause). Para 1.1 Substantive law: Legal rules determining the rights and duties of individuals and the state, incorporates private and public law. Substantive criminal law determines the prerequisites for criminal liability and prescribes the elements of various crimes. Also attaches a sanction to breach of its prohibitions. Measures are necessary to enforce the rules of substantive law and this is provided by adjectival law. The rules of criminal procedure form part of adjectival law. The law of evidence operates in tandem with criminal procedure rules...........to the last pge 54