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: 

Identify and apply general principles of the Criminal Procedure Act as related to the prosecuting functions 
SAQA US ID UNIT STANDARD TITLE
421861  Identify and apply general principles of the Criminal Procedure Act as related to the prosecuting functions 
ORIGINATOR
QCTO Task Team - Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  NQF Level 05  8 
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 does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard is for learners in the field of prosecuting who are to demonstrate an understanding of the sections of the Criminal Procedure Act related to prosecuting functions.

A learner credited with this unit standard will be able to:
  • Identify the sections of the Criminal Procedure Act related to prosecuting functions.
  • Apply the identified sections of the Criminal Procedure Act to a given case study.
  • Explain the criminal procedure concerning support to accused, hearings and pleads.
  • Explain written notices and fines. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication at NQF Level 4. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Identify the sections of the Criminal Procedure Act related to prosecuting functions. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The methods and procedure for securing attendance of the accused in court is explained according to the Criminal Procedure Act. 

    ASSESSMENT CRITERION 2 
    The role of the prosecutor in applying the principles of accepting or rejecting a bail application according to the Criminal Procedure Act is explained. 

    ASSESSMENT CRITERION 3 
    The procedure for offering assistance to the accused is explained according to the Criminal Procedure Act and Constitution of South Africa. 

    ASSESSMENT CRITERION 4 
    The principle of accepting or rejecting a plea is explained according to the Criminal Procedure Act. 

    ASSESSMENT CRITERION 5 
    The procedure for conducting trial proceedings is explained according to the Criminal Procedure Act. 

    SPECIFIC OUTCOME 2 
    Explain the criminal procedure concerning bail. 
    OUTCOME NOTES 
    Explain the criminal procedure concerning arrest, bail, releasing on warning, notice to be in court and methods to secure presence in court. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The methods to secure the presence of an accused in court according to the Criminal Procedure Act are explained. 

    ASSESSMENT CRITERION 2 
    The procedure for arresting a person according to the Criminal Procedure Act is explained. 

    ASSESSMENT CRITERION 3 
    The procedure after arresting a person according to the Criminal Procedure Act is explained. 

    ASSESSMENT CRITERION 4 
    The legal requirements to obtain a written notice to appear in court according to the Criminal Procedure Act are explained. 

    ASSESSMENT CRITERION 5 
    Methods other than bail for releasing a person according to the Criminal Procedure Act are explained. 

    SPECIFIC OUTCOME 3 
    Explain the criminal procedure concerning the accused, hearings and pleads. 
    OUTCOME NOTES 
    Explain the criminal procedure concerning the accused, hearings and pleads, the witness, giving evidence, sentences and appeals. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The requirements for and duties of a witness according to the Criminal Procedure Act are explained. 

    ASSESSMENT CRITERION 2 
    The procedure pertaining to the right of the accused to legal representation according to the Criminal Procedure Act is demonstrated in a simulated setting. 

    ASSESSMENT CRITERION 3 
    The process of appeal against a judgement according to the Criminal Procedure Act is explained. 

    ASSESSMENT CRITERION 4 
    Giving evidence in a court of law according to the Criminal Procedure Act and the Criminal Justice System is demonstrated in a simulated setting. 

    SPECIFIC OUTCOME 4 
    Explain written notices and fines. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The legal requirement to obtain a written notice according to the Criminal Procedure Act is explained. 

    ASSESSMENT CRITERION 2 
    The process to follow to execute a written notice and demonstrated according to the Criminal Procedure Act is explained. 

    ASSESSMENT CRITERION 3 
    The criteria for paying fines before appearing in court according to the Criminal Procedure Act are explained. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the QCTO.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the QCTO.
  • 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 QCTO.
  • Moderation of assessment will be conducted by the QCTO. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • A comprehensive understanding of the relevant legislation, and procedures and practices.
  • A broad understanding of the legislation regarding the different sections of the Criminal Procedure Act.
  • A comprehensive understanding of the need for the applications of the different sections of the Criminal Procedure Act.
  • A basic understanding of the ways and methods used in the applications of the different sections of the Criminal Procedure Act. 
    		•

    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 and creative thinking have been used. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a team in applying the provisions set out in organisational orders regarding the different sections of the Criminal Procedure Act. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

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

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  90657   National Certificate: Prosecuting  Not Applicable  NQF Level 05  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  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.
     
    NONE 


    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.