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Criminal Procedure - Chapter 8 - Coggle Diagram
Criminal Procedure - Chapter 8
Interrogation
Powers: possible witnesses
Powers: suspects and the accused
General powers: interrogation
Obtaining name and address - S41 of the CPA
Detention for investigation
Entry to premises to interrogate - S26 and S27 of the CPA
Ascertainment of bodily features
Oral testimony and communication
Applicable constitutional rights
S10 - human dignity
S12 - Freedom and security
S14 - Privacy
S35 - arrested, detained and accused persons
Field of application of privilege against self-incrimination
S36A Interpretation
DNA - biochemical molecule found in the cells of the bodies and makes every species unique
Buccal sample - cellular material inside person's mouth (cheek swab)
Body print - prints other than fingerprints - excludes genitalia
Intimate sample - blood / hair
Interception and monitoring
Protection of Personal information Act 4 of 2013 - POPI
Cybercrimes Act 19 of 2020
Regulation of Interception of Communications and Provision of Communication-related information Act 70 of 2002 - RICA
Direct communication
Oral communication between 2 or more persons in the immediate presence of all participants
Indirect communication
Transfer of information (data / text / visual images / signals / radio frequency)
S49 - criminal offence to intercept communication
S3 - Judicial consent for interception
Police - interrogation
Police don't need special powers to interrogate – the need for special powers arises only when a person refuses to grant the police access to someone they wish to interrogate, refuses to respond to police questioning or answers the questions but refuses to furnish them with his or her name and address in order to be subpoenaed to testify in court
Handwriting
Not a bodily characteristic - it is as a result of a learned ability
Blood samples
Police officer is not allowed to take blood samples
S26 - what may a police official do in terms of interrogation
In the investigation of an offence or alleged offence where he or she reasonably suspects that a person who may furnish information with regard to any such offence is on any premises, enter such premises without a warrant for the purpose of interrogating such person and obtaining a statement from him or her