Can I be arrested on the road side for outstanding fines?
The detained or accused person, who is arrested for allegedly committing an offence, has the right to remain silent and not to be compelled to make any confession or admission that could be used in evidence against that person. Due to the presumption of innocence, every person is regarded as innocent until properly convicted by a court of law.
An accused person does not have to prove that he is innocent. The burden to prove the guilt of the accused rests on the state. The rule is that the onus in criminal cases should always rest on the State. The prosecution must prove every substantive element of the crime as defined in criminal law and which the accused is alleged in the charge sheet/indictment to have perpetrated.
An accused can never be forced to testify; an accused can remain silent even if his answers would not be self-incriminating. A person who exercises his right to silence at his trial should accordingly not be penalised for the exercise of the right as such; no adverse inference should be drawn against his decision not to testify.
The right to legal representation when arrested and detained in the pre-trial stage of the criminal process, protects the suspect or detained person from state abuses and violations of his or her constitutional rights, most frequently, a denial of such person’s right to silence.
Before making a statement to the police or being part of an identification parade, an arrested or detained person needs to be informed of his/her right to counsel and to his right to legal counsel at state expense if he would suffer substantial injustice without such assistance.
The right to a fair trial includes the right to legal representation.
The right to a public trial before an ordinary court of law and the right to challenge evidence.
The right to bail rests on the values embraced in section 12(1)(a) of the Constitution which provides that everyone “has the right to freedom and security of the person, which includes the right ... not to be deprived of freedom arbitrarily or without just cause. . . and a judicial evaluation of different factors that make up the criterion of interests of justice (section 35 (i)(f)). Everyone who is arrested for allegedly committing an offence has the right to be released from detention if the interests of justice permit, subject to reasonable conditions. When bail is granted, an accused who is in custody shall be released from custody upon payment of a sum of money determined for his bail. He must then appear at the place and on the date and at the time appointed for his trial, or to which the proceedings relating to the offence in respect of which the accused is released on bail are adjourned.
The right to be informed of charges against the accused includes that the state must inform the accused about the fact that a verdict could follow on the charge which is a competent verdict on the charge. The accused is entitled to prepare his defence and to have adequate time and facilities to prepare his defence.
Right to fair and public hearing before an impartial court. The accused has the right to equality before the law and to equal protection of the law. Criminal trials must be administered publicly and openly and the accused has a right to be tried in a language the accused understands.
Once you are in custody the Police have the right to keep you for a maximum amount of 48 hours and thereafter bring you to a court of law for a first court appearance. It is possible to obtain Police bail and / or make a formal after hours bail application immediately after your arrest. This will ensure that you will spend as little time as possible in the Police cells. Your attorney will be able to assist you in this regard.
The detained or accused person, who is arrested for allegedly committing an offence, has the right to remain silent and not to be compelled to make any confession or admission that could be used in evidence against that person. Due to the presumption of innocence, every person is regarded as innocent until properly convicted by a court of law.
An accused person does not have to prove that he is innocent. The burden to prove the guilt of the accused rests on the state. The rule is that the onus in criminal cases should always rest on the State. The prosecution must prove every substantive element of the crime as defined in criminal law and which the accused is alleged in the charge sheet/indictment to have perpetrated.
An accused can never be forced to testify; an accused can remain silent even if his answers would not be self-incriminating. A person who exercises his right to silence at his trial should accordingly not be penalised for the exercise of the right as such; no adverse inference should be drawn against his decision not to testify.
The right to legal representation when arrested and detained in the pre-trial stage of the criminal process, protects the suspect or detained person from state abuses and violations of his or her constitutional rights, most frequently, a denial of such person’s right to silence.
Before making a statement to the police or being part of an identification parade, an arrested or detained person needs to be informed of his/her right to counsel and to his right to legal counsel at state expense if he would suffer substantial injustice without such assistance.
The right to a fair trial includes the right to legal representation.
The right to a public trial before an ordinary court of law and the right to challenge evidence.
The right to bail rests on the values embraced in section 12(1)(a) of the Constitution which provides that everyone “has the right to freedom and security of the person, which includes the right ... not to be deprived of freedom arbitrarily or without just cause. . . and a judicial evaluation of different factors that make up the criterion of interests of justice (section 35 (i)(f)). Everyone who is arrested for allegedly committing an offence has the right to be released from detention if the interests of justice permit, subject to reasonable conditions. When bail is granted, an accused who is in custody shall be released from custody upon payment of a sum of money determined for his bail. He must then appear at the place and on the date and at the time appointed for his trial, or to which the proceedings relating to the offence in respect of which the accused is released on bail are adjourned.
The right to be informed of charges against the accused includes that the state must inform the accused about the fact that a verdict could follow on the charge which is a competent verdict on the charge. The accused is entitled to prepare his defence and to have adequate time and facilities to prepare his defence.
Right to fair and public hearing before an impartial court. The accused has the right to equality before the law and to equal protection of the law. Criminal trials must be administered publicly and openly and the accused has a right to be tried in a language the accused understands.
Once you are in custody the Police have the right to keep you for a maximum amount of 48 hours and thereafter bring you to a court of law for a first court appearance. It is possible to obtain Police bail and / or make a formal after hours bail application immediately after your arrest. This will ensure that you will spend as little time as possible in the Police cells. Your attorney will be able to assist you in this regard.
