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Section history

Section 162 — Contents of Case for the Prosecution

As in force on 1 June 2015.

Timeline 5 versions
  1. 2 January 2011 Enacted
  2. 31 August 2012 Revised edition
  3. 1 June 2015 You are here
  4. 17 September 2018 Act 19 of 2018
  5. 31 December 2021 Revised edition
  6. 17 August 2026 Latest
162.Contents of Case for the Prosecution

The Case for the Prosecution must contain —

(a)the charge which the prosecution intends to proceed with at the trial;

(b)a summary of the facts in support of the charge;

(c)a list of the names of the witnesses for the prosecution;

(d)a list of the exhibits that are intended by the prosecution to be admitted at the trial; and

(e)any statement made by the accused at any time and recorded by an officer of a law enforcement agency under any law, which the prosecution intends to adduce in evidence as part of the case for the prosecution.

Illustrations

(a) A is charged with theft of a shirt from a shop. The summary of facts should state the facts in support of the charge, for example, that A was seen taking a shirt in the shop and putting it into his bag, and that A left the shop without paying for the shirt.

(b) A is charged with conspiracy to cheat together with a known person and an unknown person. The summary of facts should state —

(i)when and where the conspiracy took place; and

(ii)who the known conspirators were and what they did.

(c) A is charged with robbery and 3 separate statements, X, Y and Z were recorded from him by the police at 3 different time periods. If the prosecution intends to adduce in evidence as part of the Case for the Prosecution statement Y, but not statements X and Z, the Case for the Prosecution must contain the entire statement Y. The Case for the Prosecution need not contain statements X and Z.