S v Lenting and Others (CC08/2018)
S v Lenting and Others (CC08/2018) [2024] ZAWCHC 220; 2024 (2) SACR 525 (WCC) (22 August 2024)
The court held that section 60(11B)(c) of the Criminal Procedure Act imposes a mandatory duty on the bail court to warn an accused who elects to testify that anything said may be used against him at trial and become admissible in subsequent proceedings. This duty cannot be delegated to legal representatives. In the present case, neither accused 3 nor accused 14 were warned of these rights during their bail applications. For accused 3, the court found that his gang membership was already admitted in the trial and the admission of the bail record would not render his trial unfair. For accused 1…
Source excerpt
- Admissibility Of Bail Testimony
- Self Incrimination
- Fair Trial Rights
- Child Justice Act
- Gang Membership Evidence