SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Apply provisions of the Criminal Procedure Act 
SAQA US ID UNIT STANDARD TITLE
253983  Apply provisions of the Criminal Procedure Act 
ORIGINATOR
SGB Resolving of Crime 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Safety in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5  12 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Reregistered" 		 2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard replaces: 
US ID Unit Standard Title Pre-2009 NQF Level NQF Level Credits Replacement Status
117446  Apply the provisions of the criminal procedure act in the investigation of crime  Level 5  Level TBA: Pre-2009 was L5  12   

PURPOSE OF THE UNIT STANDARD 
This Unit Standard will enable learners to apply the provisions of criminal procedural law in the field of investigations. The learner will be able to understand the implications of powers and mandates as confirmed by legislation and other legal prescripts. They will also be able to conduct lawful searches, seizures and arrests. Learners will gain the competencies to correctly and appropriately dispose of articles and will also understand the underpinning principles of forfeiting of articles.

A person credited with this unit standard will be able to:
  • Demonstrate an understanding of the implications of certain powers as confirmed by other laws.
  • Conduct a lawful search and seizure.
  • Dispose and forfeit seized articles.
  • Secure the attendance of the accused in court.
  • Conduct a lawful arrest.
  • Determine the bodily features of an accused. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
  • Mathematical literacy NQF Level 4.
  • Communication NQF Level 4. 
    		•

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate an understanding of the implications of certain powers as conferred by other statutes. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The legal standing of the Criminal Procedure Act is graphically illustrated in line with other legislation and powers. 

    ASSESSMENT CRITERION 2 
    Other statutes that will influence the Criminal Procedure Act are identified in terms of their impact. 

    SPECIFIC OUTCOME 2 
    Conduct a lawful search and seizure. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Classes of articles to be seized are explained according to the provisions of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 2 
    Conditions in which articles are seized are explained according to the provisions of the Criminal Procedure Act. 
    ASSESSMENT CRITERION RANGE 
    Conditions may refer to, but not limited to, with or without a search warrant.
     

    ASSESSMENT CRITERION 3 
    The provisions regarding the searching of premises are explained according to the provisions of the Criminal Procedure Act. 
    ASSESSMENT CRITERION RANGE 
    The provisions regarding the searching of premises must include, the entering premises, use of force with regards to resistance against entry.
     

    ASSESSMENT CRITERION 4 
    The consequences of wrongful searches and awards of damages are assessed according to the provisions of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 5 
    A search is conducted in a structured and logical manner according to the provisions of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 6 
    Seized articles are handled in line with of its evidential value. 
    ASSESSMENT CRITERION RANGE 
    Handle refer to but are not limited to packaging and preservation.
     

    SPECIFIC OUTCOME 3 
    Dispose and forfeit seized articles. 
    OUTCOME RANGE 
    Forfeit refers to the handing back of seized articles or the destroying of illegal articles. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The provisions regarding disposal of articles are evaluated within a given case study. 
    ASSESSMENT CRITERION RANGE 
    The disposal of articles may refer to, but not limited to, after seizure, where no criminal proceedings are instituted, where criminal procedures are instituted and admission of guilt is paid.
     

    ASSESSMENT CRITERION 2 
    The provisions of transferring of articles to court for purposes of trial are applied according to the provisions of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 3 
    The provisions of forfeiture of articles to the State are evaluated according to the provisions of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 4 
    The current legal clauses regarding disposing and forfeiting of articles are applied within a given case study. 

    SPECIFIC OUTCOME 4 
    Secure the attendance of the accused in court. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Methods of securing the attendance of the accused in court are assessed in line with provisions of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 2 
    The current legal clauses regarding attendance of the accused in court are applied within a given case study. 

    SPECIFIC OUTCOME 5 
    Conduct a lawful arrest. 
    OUTCOME RANGE 
    Lawful arrest must include the requirements for a civilian arrest. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The provisions of the manner and effect of arrest are assessed according to the provisions of the Criminal Procedure Act. 
    ASSESSMENT CRITERION RANGE 
    Manner and effect of arrest referred to, but not limited to, arrest by a peace officer, arrest by a private person, arrest with or without a warrant.
     

    ASSESSMENT CRITERION 2 
    Provisions regarding the manner in which details of certain persons are obtained, and assessed according to the provisions of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 3 
    Provisions of entering premises for the purpose of arrest are assessed according to the provisions of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 4 
    The provisions of use of force in affecting an arrest are evaluated according to the provisions of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 5 
    The provisions of compelling a person to reveal knowledge about alleged crime are evaluated according to the provisions of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 6 
    The current legal clauses regarding lawful arrests are applied within a given case study. 

    SPECIFIC OUTCOME 6 
    Determine the bodily features of an accused. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The provisions of powers with regards to prints and bodily appearances of an accused are evaluated according to the provisions of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 2 
    The current legal clauses regarding bodily features of an accused are applied within a given case study. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Any individual who wishes to be assessed against this unit standard (including assessment of RPL) may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA. Assessors must be competent in the outcome of the Unit Standard.
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA according to the moderation guidelines in the relevant qualification and the relevant ETQA procedures. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Powers as confirmed by other statutes.
  • Criminal Procedure Act.
  • Influencing factors.
  • Search and seizure.
  • Classes of articles to be seized.
  • Search warrants.
  • Searching of premises.
  • Wrongful searches.
  • Awards of damages.
  • Dispose and forfeit seized articles.
  • Disposal of articles.
  • Transferring of articles to court for purposes of trial.
  • Provisions of forfeiture of articles to the State.
  • Clauses regarding disposing and forfeiting of articles.
  • Secure the attendance of the accused in court.
  • Methods of securing the attendance.
  • Clauses regarding attendance of the accused in court.
  • Conduct a lawful arrest.
  • Civilian arrest.
  • Manner and effect of arrest.
  • Breaking open premises for the purpose of arrest.
  • Use of force in affecting an arrest.
  • Compelling a person to reveal knowledge about alleged crime.
  • Bodily features. 
    		•

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems in which responses display that responsible decisions, using critical thinking, have been made. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a team, group, organization or community. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities responsibly and effectively. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using visual, mathematical, and/or language skills in the modes of written and/or oral presentation. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of related systems by recognizing that problem-solving contexts do not exist in isolation. 

    UNIT STANDARD ASSESSOR CRITERIA 
  • Must be competent in the outcomes of this unit standard.
  • Must have well-developed subject matter expertise.
  • At least 5 years practical experience.
  • Must be a registered assessor with the relevant ETQA. 
    		•

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    This unit standard replaces unit standard 117446, "Apply the provisions of the criminal procedure act in the investigation of crime", Level 5, 12 credits. 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Fundamental  59989   National Certificate: Resolving of Crime  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Reregistered"     		 2016-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. AFRIC POLICING INSTITUTE 
    2. BROOKLYN CITY COLLEGE (PTY) LTD RUSTENBURG CAMPUS 
    3. DAM SCHOOL OF POLICING 
    4. DAM SCHOOL OF POLICING POLOKWANE 
    5. DAM SCHOOL OF POLICING PRETORIA 
    6. DECENTRALISED TRAINING DURBAN 
    7. HJN TRAINING CC 
    8. HUMAN RESOURCE DEVELOPMENT CENTRE: EAST RAND 
    9. HUMAN RESOURCE DEVELOPMENT CENTRE: VAALRAND 
    10. JEPPE COLLEGE OF COMMERCE AND COMPUTER 
    11. SA POLOCE SERVICE 
    12. SHEPPERD ACADEMY 
    13. SOUTH AFRICAN POLICE SERVICE BASIC TRAINING PROVISION 
    14. SOUTH AFRICAN POLICE SERVICE BASIC TRAINING PROVISION INSTITUTION GRAA 
    15. SOUTH AFRICAN POLICE SERVICE BASIC TRAINING PROVISION INSTITUTION OUDS 
    16. SOUTH AFRICAN POLICE SERVICE DIAMONDFIELD IN SERVICE AND SPECIALIZED T 
    17. SOUTH AFRICAN POLICE SERVICE HUMAN RESOURCE DEVELOPEMENT CENTRE PIETER 
    18. SOUTH AFRICAN POLICE SERVICE IN SERVICE TRAINING PROVISION INSTITUTION 
    19. SOUTH AFRICAN POLICE SERVICE PROVINCIAL HEAD OFFICE EASTERN CAPE TRAIN 
    20. SOUTH AFRICAN POLICE SERVICE TRAINING INSTITUTION ALL SAINTS 
    21. SOUTH AFRICAN POLICE SERVICE TRAINING INSTITUTION NORTH WEST PROVINCE 
    22. STRATEGIC INVESTIGATIONS AND SEMINARS 


    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.