n South African Journal of Criminal Justice - Criminal procedure : recent cases
|Article Title||Criminal procedure : recent cases|
|© Publisher:||Juta Law Publishing|
|Journal||South African Journal of Criminal Justice|
|Affiliations||1 University of KwaZulu-Natal|
|Publication Date||Jan 2011|
|Pages||368 - 382|
In terms of s 20 of the Criminal Procedure Act 51 of 1977 the state may seize certain articles for the purpose of obtaining evidence for the institution of a prosecution or deliberating whether to institute a prosecution. Almost anything and everything may be seized in terms of s 20, provided that the item seized falls into one of the following three broad groups: (1) it is concerned with or reasonably suspected to be concerned with the commission of an offence in South Africa or elsewhere; (2) it may provide evidence of the commission of an offence in South Africa or elsewhere; or (3) it is intended to be used or is reasonably believed to be intended for use in the commission of an offence. The broad ambit of s 20 is clearly intended to assist the police in their investigations of criminal cases.
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