[452], The person lawfully in charge or occupation of premises may, if he reasonably believes that certain categories of goods may be on such premises, search them for such goods without a warrant. At this stage, it is not necessary to deal with the plea over as this ruling is concerned with the special plea. Having isolated some of the relevant considerations, the court recognised that `reasonableness' required a value judgment. Courts in South Africa (loose leaf) vols 1 & 2, Juta. If the accused is present and disputes the allegation, the court will hear evidence. Special procedural rules apply to either type of state appeal. Ordinarily, and particularly where the prejudice was not trial-related, there were a range of "appropriate" remedies less radical, including. The issue of search and seizure is mainly a statutory matter; it is dealt with in a variety of statutes. The difficulty was that an accused person was subject to various forms of prejudice and penalty merely by virtue of being an accused. The regional court refused the application, holding that the critical question was how our courts determined whether a particular lapse of time was reasonable or unreasonable, and what the appropriate remedy was. the court may amend bail conditions subsequently; the appeal lies to the High Court against a refusal of bail, or against the amount or conditions of bail; the steps to be taken in the event of failure to comply with bail conditions are the same as for the pre-trial accused; the bail cancellation provisions are the same as for the pre-trial accused. See S v Alexander. They can be divided into two main categories, forms of homicide and other violent crimes. There should be proportionality between the kind of sentences available for a crime and the prejudice suffered by the accused. [138] Some cases have held that the onuses imposed under section 60(11) of the CPA also apply to bail pending appeal. Appeals are permitted to the High Court against a refusal of bail by a lower court, or against the amount or conditions of bail. The complainant must be afforded the opportunity to make representations. The accused is not entitled to particulars as to which documents the State intends using as exhibits during trial: This is not an issue for particulars. The magistrate found the accused not guilty and discharged him. An exception is mentioned in section 106(4), where there is a plea that the court has no jurisdiction to try the offence. The accusation and its proof are state-driven, with a state-appointed prosecuting authority. There is some debate as to whether this right extends to the institution of a prosecution in the first place, or merely covers the situation where someone has been formally charged. Whether a defence is so incompetent that it makes the trial unfair is a factual question that does not depend upon the degree of ex post facto dissatisfaction of the litigant; the assessment must be objective. They are as follows: It must be noted that, although the final measure, in section 342A(3)(e), is on the statute books, an order of costs against the State has never been made, as the financial implications are very onerous. During the trial, he learned that the witness would not be called by the Crown, and sought an order that the witness be called, or that the Crown disclose the contents of the statements to the defence. when any person commits or attempts to commit an offence in the presence of that peace officer; when the peace officer reasonably suspects any person of having committed a Schedule 1 offence (other than the offence of escaping from lawful custody); when any person has escaped or attempts to escape from lawful custody. 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