crime under the CJA must be heard in the magistrate's court. A lower court may postpone a bail A lower court may postpone a bail application for a period not exceeding 7 application for a period not exceeding 7 days in certain circumstances. days in certain circumstances, as determined by s 66(3) of the CJA. SECTION 54 OF THE CPA Where the prosecutor intends prosecuting Section 54 of the CPA applies to children and the accused is not in custody nor has a when read with s 19 of the CJA. warrant of arrest been released, the prosecutor may draft the charge sheet which is handed to the clerk of the court to issue. The summons is delivered in the prescribed procedure and the return of service serves as proof that the accused has been notified. SECTION 56 OF THE CPA SECTION 21 OF THE CJA If an accused is alleged to have committed If a is alleged to have committed a an offence which a peace officer believes Schedule 1 offence, he must immediately be that the magistrate's court on conviction will released on written warning in terms of s 18 not impose a fine exceeding a certain into the care of an appropriate adult, unless amount, such peace officer may hand to no such person(s) can be found, or where the accused a written notice to appear on a there is a substantial risk that the child may certain date and at a certain time in court. be a danger to himself or others. For The notice contains an endorsement that the Schedule 2 and 3 crimes, s 56 of the CPA accused may admit his guilt and pay a fine, would apply, with one exception: without appearing in court. a written notice to appear before a preliminary inquiry cannot contain an endorsement in terms of s 57 of the CPA. SECTION 72 OF THE CPA SECTION 22 OF THE CJA Unless the offence is one mentioned in Part II If a child is in custody and the hearing of his or Part III of Schedule 2, a police official in preliminary inquiry is postponed, or a date for
crime under the CJA must be heard in the magistrate's court. A lower court may postpone a bail application for a period not exceeding 7 days in certain circumstances. A lower court may postpone a bail application for a period not exceeding 7 days in certain circumstances, as determined by s 66(3) of the CJA. SECTION 54 OF THE CPA Where the prosecutor intends prosecuting and the accused is not in custody nor has a warrant of arrest been released, the prosecutor may draft the charge sheet which is handed to the clerk of the court to issue. The summons is delivered in the prescribed procedure and the return of service serves as proof that the accused has been notified. Section 54 of the CPA applies to children when read with s 19 of the CJA. SECTION 56 OF THE CPA SECTION 21 OF THE CJA If an accused is alleged to have committed an offence which a peace officer believes that the magistrate's court on conviction will not impose a fine exceeding a certain amount, such peace officer may hand to the accused a written notice to appear on a certain date and at a certain time in court. The notice contains an endorsement that the accused may admit his guilt and pay a fine, without appearing in court. If a is alleged to have committed a Schedule 1 offence, he must immediately be released on written warning in terms of s 18 into the care of an appropriate adult, unless no such person(s) can be found, or where there is a substantial risk that the child may be a danger to himself or others. For Schedule 2 and 3 crimes, s 56 of the CPA would apply, with one exception: a written notice to appear before a preliminary inquiry cannot contain an endorsement in terms of s 57 of the CPA. SECTION 72 OF THE CPA SECTION 22 OF THE CJA Unless the offence is one mentioned in Part II or Part III of Schedule 2, a police official in If a child is in custody and the hearing of his preliminary inquiry is postponed, or a date for