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Criminal Law [2012] ZASCA 146

Mashilo and Another v Prinsloo (576/11)

Mashilo and Another v Prinsloo (576/11) [2012] ZASCA 146; 2013 (2) SACR 648 (SCA) (28 September 2012)

The Supreme Court of Appeal held that s 50(1)(d) of the Criminal Procedure Act does not entitle police to detain an arrested person for the full 48 hours as a matter of course. The section requires that an arrested person be brought before court as soon as is reasonably possible, and the 48-hour period is a maximum, not a minimum. The extension of the 48-hour period applies only if it expires outside ordinary court hours or on a non-court day, but even then, the standard of reasonable expedition applies. The court found that the costs order against Mashilo was an obvious error, as the respond…

  • Detention Before Trial
  • Interpretation Of Criminal Procedure Act
  • Constitutional Rights Of Arrested Persons
  • Bail Application
  • Costs Orders
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