Handling of Criminal Proceedings Before Trial Begins : Advice for New Legal Practitioners

Lack of alertness on pre-trial effective approaches may lead to the client not getting bail, attending court on numerous occasions without trial or even get convicted thereby obtaining a criminal record although diversion or mediation was a best solution to the case. This book is not only addressing what procedure should be followed but how such procedure should be followed, and it assists new legal practitioners in a step by step mode on how to approach almost all pre-trial issues available in criminal proceeding. A full citation with specific paragraphs is always made in every page irrespective of the fact that the sources has been referred to on previous page, this is to assist the legal practitioner to quickly find the source and swiftly address the disquieting issue. Almost all the cases referred to in this book are available on SAFLII, which means they are just one click from the legal practitioner’s phone. This book bridges a gap between academic understanding of the criminal procedure and its practical application before trial. It attempts to minimize uncertainty on what new legal practitioners must do in order to achieve pre-trial solutions for their clients. It leaves the legal practitioners with no excuse for leaving the pre-trial issue to the full hands of the court and thereby failing on the duty to put a persuasive argument which assist the court to arrive at a carefully considered decision. Both pre-trial procedures under the Criminal Procedure Act and Child Justice Act are covered.