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Irrestee Conviction

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Question 3(b)

This question deals with the procedure after the arrest of an arrestee; specifically the 48 hour detention time constraint of an arrestee.
Section 35(1)(d) of the Constitution guarantees that arrested persons, suspected of committing a crime, are entitled appear in a court as soon as reasonably plausible. This court appearance must occur within 48 hours of the arrest. The court appearance may ensue at the conclusion of the first court day subsequent to the termination of the 48 hour time frame, if the prescribed time constraint lapses beyond ordinary court hours or on a day which does not qualify as an ordinary court day. While section 50 of the CPA gives effect to these constitutional entitlements and regulates the procedure …show more content…

Thus police custody incorporate two time frames; the first occurs from the arrestee’s arrest to his arrival at the police station, the second is the arrestee’s detainment at the police station.
An arrestee must appear before a district or regional magistrate’s court as soon as it is reasonably plausible, within 48 hours of arrest, if the arrestee is not freed because he is neither charged nor given bail as per section 59 or 59A of the CPA. The 48 hour time constraint is dependent upon the precepts of section 50(1)(d) of the CPA.
An ordinary court day refers to a day when the magistrate’s court is customarily in session. The hours between 9:00 and 16:00 are ordinary court hours maintained during regular court days.
Termination of the 48 hour detention timeframe beyond ordinary court hours or on a day which does not constitute an ordinary court day will result in the extension of the 48 hour detention period until the end of the subsequent court day. An example: The 48 hour timeframe is extended until Monday, 4pm if the arrest transpires on Wednesday

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