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CRIMINAL CASES

What does unlawful arrest entail?

This will be where you are arrested without proper procedure being followed by the police, for instance without a warrant of arrest being issued

 

Can I claim against the police?

In certain circumstances, if you suffered damages, summons can be issued against the minister of police.

 

Can I protect my property/life from an intruder?

Yes, you may protect your property/life, with the same measure that your life or your family’s life and/or property is threatened.

 

Can I take the law into my own hands?

No, the law can never be taken into your own hands.

 

What are a prisoner’s rights in prison if he/she gets attacked?

Prisoners have human rights the same as any other person therefore these rights must also be protected.

 

When does a criminal case prescribe?

Never. There is no statutory limitation on a criminal matter.

 

What is the onus of proof in a criminal matter?

To prove the “accused” person’s guild beyond reasonable doubt.

 

What are my rights if I get arrested?

You will have the right to contact either a family member or legal representation. All your human rights should be adhered to at all times.