Convicting the innocent: where criminal prosecutions go wrong

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    The basic principle of South African criminal procedure is that of access to courts, in accordance with section 34 of the Constitution. There is no general provision for trial in absentia. Arrest edit The manner in which arrests are to be carried out is dealt with in section 39(1) of the Act, which provides that arrests may be effected with or without warrant, and which envisages three scenarios: that the arrestee will submit to custody; that he must have his body touched by the arrestor; or that, if need be.

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