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19. WHAT IS MEANT BY CRIMINAL PROCEDURE AND WHY IS IT IMPORTANT?

The criminal procedure is a body of rules and prescribed procedures which governs the enforcement of the country’s laws in prosecuting criminals in criminal courts. It regulates, amongst other things, arrest, bail, the trial, sentencing and procedures of appeal.

Criminal Procedure in South African law is largely contained in the Criminal Procedure Act (“CPA”). The Constitution is also an important source of criminal procedure, as it contains the Bill of Rights. The Bill of Rights entrenches every accused person’s right to a fair trial.

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