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: 

Identify and apply the principles of law of evidence 
SAQA US ID UNIT STANDARD TITLE
115326  Identify and apply the principles of law of evidence 
ORIGINATOR
SGB Visible Policing 
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 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
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 is for learners in the policing environment that will identify and apply the principles of the Law of Evidence in order to prove alleged crimes in a court of Law
A person credited with this unit standard will be able to:
  • Explain the position of the Law of Evidence within the legal system
  • Demonstrate an understanding of the procedure during a trail.
  • Explain and apply the principles of the concept burden of proof
  • Explain and apply the principle Prima Facie and decisive proof evidence
  • Explain and apply the principle of cautionary rule
  • Explain and apply the principle of presumption
  • Explain and apply confessions, admissions and pointing out
  • Explain and apply the concept of privilege
  • Explain and apply the concepts of admissibility and relevancy
  • Explain and apply the concept of hearsay evidence
  • Explain and apply the concept of real evidence
  • Explain and apply the principles of refreshing of one's memory
    This unit standard will contribute to the full development of any learner within the safety in society environment and more especially within the policing environment by providing recognition, further mobility and transportability within the field. The skills, knowledge and understanding demonstrated within this unit standard are essential for social and economic transformation and upliftment within the safety in society environment. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Learners embarking on learning towards this unit standard are assumed to have completed the ff unit standards:
  • 11978 Identify and apply sections of the Criminal Procedure Act.
  • 11977 Identify and apply specific and statutory offences
  • 11979 Identify and apply relevant knowledge about the law in general related to Policing
  • 11976 Conduct a lawful search and seizure
  • 11975 Conduct a lawful arrest 

  • UNIT STANDARD RANGE 
    This unit standard applies to persons in the field of policing that identify and apply the principles of the Law of Evidence in order to prove alleged crimes in a court of Law with a level of authority that will allow them to take decisions independently. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the position of the Law of Evidence within the legal system. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The important principles of the law of evidence are listed that will assist during the investigation and the gathering of evidence to ensure a conviction. 

    ASSESSMENT CRITERION 2 
    The place of the law of evidence in the legal system is explained according to the legal system process. 

    ASSESSMENT CRITERION 3 
    The differences between the concepts substantive and adjectival law is explained in terms of the law. 

    ASSESSMENT CRITERION 4 
    The concept law of evidence is defined according to the terms of the law. 

    ASSESSMENT CRITERION 5 
    The forms in which evidence can take place are listed according to law of evidence. 

    ASSESSMENT CRITERION 6 
    The concept evidence is defined according to the terms of the law. 

    SPECIFIC OUTCOME 2 
    Demonstrate an understanding of the procedure during a trail. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept court role is explained according to the terms of the law. 

    ASSESSMENT CRITERION 2 
    The flow of a criminal case in court is explained according to the criminal justice system. 

    ASSESSMENT CRITERION 3 
    The ways in which an accused can be brought to court are listed according to the Criminal Procedure Act. 

    ASSESSMENT CRITERION 4 
    The court procedures are demonstrated according to the process flow of a criminal case before the court of law. 
    ASSESSMENT CRITERION NOTES 
    Started from there the public prosecutor announces the case until the sentence is made. 

    SPECIFIC OUTCOME 3 
    Explain and apply the principles of the concept burden of proof. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept burden of proof is explained according to the terms of the law. 

    ASSESSMENT CRITERION 2 
    The differences between burden of proof and onus of rebuttal are explained according to the terms of the law. 

    ASSESSMENT CRITERION 3 
    The statement "burden of proof stays fixed on a party" is explained according to this principle. 

    ASSESSMENT CRITERION 4 
    The criterion of proof is explained according to the terms of the law. 

    ASSESSMENT CRITERION 5 
    The implications of section 174 of the Criminal Procedure Act are explained in terms of the concept burden of proof. 

    ASSESSMENT CRITERION 6 
    The concept beyond reasonable doubt is explained according to law of evidence. 

    SPECIFIC OUTCOME 4 
    Explain and apply the principle prima facie and decisive proof evidence. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept Prima Facie is explained according to the terms of the law. 

    ASSESSMENT CRITERION 2 
    The concept of conclusive proof is explained in relation to the concept Prima Facie. 

    ASSESSMENT CRITERION 3 
    The uses of a charge sheet are explained during the proceedings of a criminal case before the court of Law. 

    ASSESSMENT CRITERION 4 
    The concept facts in dispute is explained according to the terms of the law. 

    ASSESSMENT CRITERION 5 
    The aspects to obtain a conviction to prove allegations in court are demonstrated according to the criminal case proceedings. 

    SPECIFIC OUTCOME 5 
    Explain and apply the principle of cautionary rules. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The main reason for the development of the cautionary rules is explained according to the need of this Rule. 

    ASSESSMENT CRITERION 2 
    The implications for not adhering to these rules are explained according to the purpose of this Rule. 

    ASSESSMENT CRITERION 3 
    The six cases in which the cautionary rules are valid are discussed according to the fallibility of this Rule. 
    ASSESSMENT CRITERION NOTES 
    The six cases refer to:
  • The single witness
  • The accomplice
  • Traps
  • Young children
  • Evidence regarding identity
  • Sexual assault cases 

  • SPECIFIC OUTCOME 6 
    Explain and apply the principle of presumption. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The differences between presumptions of law and presumptions of fact are listed according to the different concepts. 

    ASSESSMENT CRITERION 2 
    The term presumption is explained according to the terms of the law. 

    ASSESSMENT CRITERION 3 
    The three categories of presumptions are listed according to the terms of the law. 

    ASSESSMENT CRITERION 4 
    The differences between the three categories of presumptions are applied during the uses of the presumptions. 

    SPECIFIC OUTCOME 7 
    Explain and apply confessions, admissions and pointing out. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The definition and differences between confessions, admissions are listed according to the terms of the law. 

    ASSESSMENT CRITERION 2 
    The legal requirements for an admission are explained according to the terms of the law. 

    ASSESSMENT CRITERION 3 
    The legal requirements of a confession are explained according to the terms of the law. 

    ASSESSMENT CRITERION 4 
    The admissibility of admissions is demonstrated according to the terms of the law. 

    ASSESSMENT CRITERION 5 
    The legal requirements for the admissibility of a confession are demonstrated according to the terms of the law. 

    ASSESSMENT CRITERION 6 
    The burden of proof with confessions is explained according to the terms of the law. 

    ASSESSMENT CRITERION 7 
    The concept pointing out is explained according to the terms of the law. 

    ASSESSMENT CRITERION 8 
    The admissibility of a fact that is discovered as a result of an inadmissible admission, confession and pointing out is explained according to the terms of the law. 

    ASSESSMENT CRITERION 9 
    The steps in obtaining a confession, admission or pointing out are demonstrated according to the terms of the law. 

    SPECIFIC OUTCOME 8 
    Explain and apply the concept privilege. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The term privilege is explained according to the terms of the law. 

    ASSESSMENT CRITERION 2 
    The four kinds of privilege are listed according to the terms of the law. 

    ASSESSMENT CRITERION 3 
    The purpose of privilege is explained according to the terms of the law. 

    ASSESSMENT CRITERION 4 
    The difference between the four kinds of privilege is demonstrated according to the following differences. 
    ASSESSMENT CRITERION NOTES 
  • Professional privilege
  • Privilege against self-incrimination
  • Documents
  • The informer 

  • ASSESSMENT CRITERION 5 
    The influence of the constitution of South African on privilege is demonstrated and explained according to the Constitution of South Africa. 

    SPECIFIC OUTCOME 9 
    Explain and apply the concepts admissibility and relevancy. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The requirements for presenting evidence in court of Law are applied during the presentation of evidence in court of Law. 

    ASSESSMENT CRITERION 2 
    The concepts admissibility and relevancy are explained according to the terms of the law. 

    ASSESSMENT CRITERION 3 
    The uses of previous corresponding statements in a court of Law are demonstrated according to the uses of previous corresponding statements. 

    ASSESSMENT CRITERION 4 
    The uses of similar facts during court of law proceedings are demonstrated according to the terms of the law. 

    ASSESSMENT CRITERION 5 
    Evidence as to the character of a person during the court of law proceedings is demonstrated according to the terms of the law. 

    ASSESSMENT CRITERION 6 
    The circumstances under which opinions are admissible are explained and demonstrated according to the terms of the law. 

    SPECIFIC OUTCOME 10 
    Explain and apply the concept Hearsay evidence. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept hearsay evidence is defined according to the terms of the law. 

    ASSESSMENT CRITERION 2 
    The admissibility of hearsay evidence during the court of law proceedings is demonstrated according to the terms of the law. 

    ASSESSMENT CRITERION 3 
    The three statutory exceptions for hearsay evidence are listed according to the Law of Evidence Amendment Act, 1988. 

    SPECIFIC OUTCOME 11 
    Explain and apply the concept real evidence. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept real evidence is explained according to the terms of the Law. 

    ASSESSMENT CRITERION 2 
    The format in which real evidence can be provided in a court of Law is explained according to the terms of the Law. 
    ASSESSMENT CRITERION NOTES 
  • Objects
  • Investigation on the scene (Inspection in Logo)
  • Personal appearance 

  • ASSESSMENT CRITERION 3 
    The ways in providing real evidence in a court of Law is demonstrated according to the terms of the Law. 

    SPECIFIC OUTCOME 12 
    Explain and apply the principles of refreshing of one's memory. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The concept refreshing of one's memory is explained according to the terms of the Law. 

    ASSESSMENT CRITERION 2 
    The circumstances under which one can refresh one's memory during the court proceedings are demonstrated according to the terms of the law. 

    ASSESSMENT CRITERION 3 
    The requirements for the uses of notes during the refreshing of one's memory are demonstrated according to the terms of the law. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    1. Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA.
    2. Any institution offering learning that will enable achievement of this unit standard must be accredited as a provider through the relevant ETQA by SAQA.
    3. Moderation of assessment will be overseen by the relevant ETQA according to the moderation guidelines in the relevant qualification and the agreed ETQA procedures

    The standard describes competent performance in doing physical techniques that will enhance their job performance, and lay down the criteria by which competence should be judged, as well as the range of circumstances in which competence should be demonstrated.
    Integrated assessment methods and tools will allow the candidate to demonstrate that she/he has acquired knowledge of and can safely and effectively apply competence identified in this unit standard. 

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Basic understanding of the application of investigation methods and procedures to ensure a conviction in a court of Law
  • A Broad understanding of the need for the knowledge about the law of evidence to ensure that the application thereof will stand in a court of law 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    The following critical outcomes are addressed in this unit standard

    Use resources economically and cost effective regarding the investigation of a case to ensure a conviction in a court of Law 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems regarding the investigation of a case to ensure a conviction in a court of Law 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others regarding the investigation of a case to ensure a conviction in a court of Law 

    UNIT STANDARD CCFO ORGANISING 
    Organise oneself and one's activities regarding the investigation of a case to ensure a conviction in a court of Law 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information regarding the investigation of a case to ensure a conviction in a court of Law. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively regarding the investigation of a case to ensure a conviction in a court of Law 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

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

    UNIT STANDARD NOTES 
    These tools include the following:
  • In-site (on-the-job) observations
  • Role-play simulations
  • Structured group discussions
  • Written reports (e.g. tests, exams, case studies, projects, registers, logbooks, workbooks)
  • Verbal report backs (presentations)
  • Portfolios of evidence
  • Projects (physical visits to Government Departments)
  • Experiential learning
  • Working in teams
  • Scenario sketching

    These methods must be carefully selected based on the purpose of the assessment (For example, the written method of assessing knowledge or on-job demonstration of practical competence). The assessment must integrate a number of different methods in order to give the assessor reliable and valid proof of competence and evidence of required attitudes.

    Supplementary information

    Specified requirements
    Specified requirements include legal and legislative specific requirements and are contained in one or more of the following documents:

    Legal
  • Constitution of South Africa
  • The Criminal Procedure Act
  • Common Law
  • Statutory offences
  • Statutory Law
  • Other Law's related to the field of Policing
  • Specifications, agreements and policies and procedures

    Credits
    Total hours required by the learner to achieve the required outcomes:

    Activity and Hours
    Classroom learning 18 hours
    Structured learning in the workplace learning 12 hours
    Self directed learning 20 hours
    Coaching required 10 hours

    Total 60 hours

    Credits achieved: 6 

  • QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  93994   National Diploma: Labour Relations Practice: Dispute Resolution  Level 5  NQF Level 05  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 
    Core  50023   National Diploma: Legal Interpreting  Level 5  NQF Level 05  Reregistered  2023-06-30  SAS SETA 
    Fundamental  48865   National Diploma: Policing  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Registered" 
    2007-12-02  Was SAS SETA until Last Date for Achievement 
    Elective  59889   Further Education and Training Certificate: Military Operations  Level 4  NQF Level 04  Passed the End Date -
    Status was "Registered" 
    2010-01-25  Was SAS SETA until Last Date for Achievement 
    Elective  78143   Further Education and Training Certificate: Military Operations  Level 4  NQF Level 04  Reregistered  2023-06-30  SAS SETA 
    Elective  74570   National Certificate: Labour Relations Practice  Level 6  Level TBA: Pre-2009 was L6  Reregistered  2023-06-30  SERVICES 


    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. JUSTICE COLLEGE 
    2. SA ARMY GYMNASIUM 
    3. SOUTH AFRICAN AIR FORCE COLLEGE 



    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.