CPR3701 Crim Procedure assignment 2 2021

University of South Africa Helouise Williams Student number: CPR3701 – Criminal Procedure Semester 1: Assignment 2 Unique number: 2021 Question 1: Proof of previous convictions During the course of bail applications, previous convictions may be granted by the state. Some of the deciding cases for this is Patel 1970 (3) SA 565 (W)1 and Attorney-General, Zimbabwe v Phiri 1988 (2) SA 696 (ZHC)2 . 3 The section on proof of previous convictions is governed by various provisions found in section 60 of the Criminal Procedure Act 51 of 1977 (hereinafter referred to as the Act).4 These provisions are the following: Section 60(11B)(a)(i) states that during bail proceedings, either the accused or the accused’s representative is obliged to notify the court if there are any previous offences that the accused was convicted of. 5 Section 60(11B)(a)(ii) states that it must also be disclosed to the courts whether there are any pending charges against the accused and it must be disclosed to the courts whether the accused had been released on bail pending these said charges.6 Section 60(11B)(b) states that in the event where a legal representative submits paperwork to the court regarding the case the accused is required by the courts to state whether this information is true or not. The information can be delivered orally or a written statement.7 Section 60(11B)(d)(i) states that in the event of an accused willfully refusing to comply with the provisions as given in section 60(11B)(a)8 they commit an offence and can be held liable for conviction of a fine or imprisonment for a period no longer than two years.9 The same condition applies for section 60(11B(d)(ii)10 whereby an accused who purposefully furnishes false information.11 The offences found in section 60(11B)(d) cannot be tried summarily.12