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 different sections of the Criminal Procedure Act 
SAQA US ID UNIT STANDARD TITLE
11978  Identify and apply different sections of the Criminal Procedure Act 
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  9 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Registered" 		 2003-02-19  2006-02-09  SAQA 0146/03 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2007-02-09   2010-02-09  

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 is replaced by: 
US ID Unit Standard Title Pre-2009 NQF Level NQF Level Credits Replacement Status
120481  Demonstrate understanding of the Criminal Procedure Act related to policing functions  Level 5  Level TBA: Pre-2009 was L5  9   

PURPOSE OF THE UNIT STANDARD 
Learners credited with this unit standard are able to apply his/her knowledge about the Criminal Procedure Act in the performance of his/her duties to maintain a safe and secure society.
  • Explain the criminal procedure concerning search and seizure
  • Explain the criminal procedure concerning arrest, bail, releasing on warning, notice to be in court and methods to secure presents in court
  • Explain the criminal procedure concerning support to accused, Hearings and pleads, witness, giving evidence, sentences and appeals
  • Explain Body prints and previous convictions
  • Explain written notices and fines

    This unit standard will contribute to the full development of any learner within the safety in society environment and more specifically within the policing discipline 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 
    Functional mathematical, numerical and communication skills 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the criminal procedure concerning search and seizure. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    1. The rights to search a person are explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 2 
    2. The rights to search premises are explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 3 
    3. The implications of an unlawful search are explained according to the criminal procedure act and constitution of South Africa. 

    ASSESSMENT CRITERION 4 
    4. The property which can be seized from a person is explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 5 
    5. The legal requirements for a lawful search and seizure are explained according to the criminal procedure act. 

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

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    1. The methods to secure the presents of an accused in court is explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 2 
    2. The procedure to arrest a person is explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 3 
    3. The procedure after arresting a person is explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 4 
    4. The legal requirements to obtain a written notice to appear in court are explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 5 
    5. Other methods than bail for releasing a person is explained according to the criminal procedure act. 

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

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    1. The requirements for and duties of a witness is explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 2 
    2. The requirements of giving evidence (verbal/exhibits) are explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 3 
    3. The process of appeal against a judgement is explained according to the criminal procedure act. 

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

    SPECIFIC OUTCOME 4 
    Explain body prints and previous convictions. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    1. The legal requirement to take a person's finger- and other prints are explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 2 
    2. The reason for taking finger- and other prints are explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 3 
    3. The legal requirements for proving previous convictions are explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 4 
    4. The reason for giving evidence on previous convictions is explained according to the criminal procedure act. 

    SPECIFIC OUTCOME 5 
    Explain written notices and fines. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    1. The legal requirement to obtain a written notice is explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 2 
    2. The process to follow to execute a written notice is explained and demonstrated according to the criminal procedure act. 

    ASSESSMENT CRITERION 3 
    3. The criteria for paying fines before appearing in court is explained according to the criminal procedure act. 

    ASSESSMENT CRITERION 4 
    4. The receiving of fine payments are demonstrated according to the Criminal Justice System and organizational procedures. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    1. Candidates are assessed against these assessment criteria. An assessor observes currently employed candidates carrying out their normal work duties. They may also be asked to carry out simulated tasks and to answer written and/or oral questions. Candidates studying towards a Unit Standard, and who are not currently employed, will also be assessed using variety of assessment tools.
    2. Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA.
    3. Any institution offering learning that will enable achievement of this unit standard must be accredited as a provider through the relevant ETQA by SAQA.
    4. 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.

    These tools include the following:
  • In-situ (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. 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    1. A comprehensive understanding of the relevant legislation, and procedures and practices.
    2. A broad understanding of the legislation regarding the different sections of the criminal procedure act
    3. A comprehensive understanding of the need for the applications of the different sections of the criminal procedure act
    4. A basic understanding of the ways and methods used in the applications of the different sections of the criminal procedure act 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems in a critical and creative way in applying the provisions set out in organizational orders regarding the different sections of the criminal procedure act, under controlled circumstances, making a sound judgement of any given situation. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a team in applying the provisions set out in organizational orders regarding the different sections of the criminal procedure act, making a sound judgement of any given situation. 

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

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyze, organize and critically evaluate information relevant in applying the provisions set out in organizational orders regarding the different sections of the criminal procedure act making a sound judgement of any given situation. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Understand and apply a range of office management-related techniques, procedures and experimental approaches required in the different specific programmes leading up to this qualification. 

    UNIT STANDARD NOTES 
    This unit standard has been replaced by unit standard 120481, which is "Demonstrate understanding of the Criminal Procedure Act related to policing functions", Level 5, 9 credits.

    Requirements of a portfolio
  • Valid, reliable and authentic evidence (presented as a portfolio of evidence) from past achievements and experience which serves to supplement the assessment of applied competence.
    The portfolio may include inter alia:
  • Written statements from persons (e.g. current and/or previous employer, colleague, peer, manager, external customers) confirming competence of the learner
  • Relevant certificates or awards
  • Previous assessment records
  • Journals/logbook

    A learning programme leading to the award of this unit standard should develop learners who demonstrate:
    1. A foundational knowledge base as indicated in the embedded knowledge component
    2. An understanding of the discipline/field's fundamental terms, rules, concepts and principles
    3. Familiarity with some of the essential procedures, operations and techniques of this field
    4. An ability to use a range of procedures to solve routine problems
    5. Basic information gathering, analysis and presentation skills
    6. An ability to communicate and present information clearly and reliability following prescribed formats and conventions


    Supplementary Information:

    Specified Requirements
    Specified requirements include legal and legislative specific requirements and are contained in one or more of the following documents:
  • Criminal Procedure Act
  • Law of Evidence (chain of evidence)
  • Constitution Act
  • Common Law
  • South African Police Service Act
  • Statutory Law

    A glossary of terms about the terminology of
    CONTEXT SPECIFIC
  • Specifications, agreements, policies and procedures 
    		•

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  50023   National Diploma: Legal Interpreting  Level 5  NQF Level 05  Passed the End Date -
    Status was "Reregistered"     		 2023-06-30  SAS SETA 
    Fundamental  20496   National Certificate: Policing  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Registered"     		 2006-02-09  Was SAS SETA until Last Date for Achievement 
    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  49336   National Certificate: Law Enforcement: Sheriffing  Level 5  Level TBA: Pre-2009 was L5  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.
     
    1. Department Of Justice (head Office) 
    2. N MAHARAJ ATTORNEYS 
    3. SOUTH AFRICAN POLICE SERVICE BASIC TRAINING PROVISION 


    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.