The criminal justice process begins when a crime is committed and is either discovered by the police, or a charge is laid by a complainant. Becoming the victim of a crime can be a very traumatic experience. Having to then deal with the system can also be a troublesome and frustrating task and having some knowledge of what to expect we hope will greatly alleviate additional trauma.
With this in mind we will deal with it under three headings, The Complainant, The Witness and The Accused
South African criminal courts operate on an adversarial system which means that there will always be two opposing parties litigating, with the magistrate or judge sitting as neutral arbitrator or umpire. The District and Regional courts are presided over by Magistrates and the High Courts by Judges. District and Regional Courts are where most cases are heard, so we have begun with these lower courts.
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