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 principles of law of evidence 
SAQA US ID UNIT STANDARD TITLE
253978  Apply principles of law of evidence 
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  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 replaces: 
US ID Unit Standard Title Pre-2009 NQF Level NQF Level Credits Replacement Status
117452  Apply the principles of Law of Evidence in the investigation of crime  Level 5  Level TBA: Pre-2009 was L5  4   

PURPOSE OF THE UNIT STANDARD 
This Unit Standard will enable learners to apply the principles of law of evidence in a criminal justice context. It will enable the learner to demonstrate an understanding of the scope and functions of the principles of evidence handling. Learners will be able to describe the concept of corroboration of evidence and will be able to evaluate legal rules surrounding justice notices. They will be able to distinguish between admissions and confessions and identify the types of witness and the subsequent compellability of witnesses. Learners will understand the principle of admissibility of evidence and privileges while applying the cautionary rule. The concept of "refreshing of memories" while presenting evidence will also be dealt with in this unit standard.

A person credited with this unit standard will be able to:
  • Demonstrate an understanding of the scope and functions of the principles of evidence.
  • Explain the concept of corroboration of evidence.
  • Explain admissions and confessions.
  • Explain the concept of compellability of witnesses.
  • Evaluate types of evidence.
  • Demonstrate an understanding of the principle of admissibility of evidence.
  • Apply the rule of privilege.
  • Apply the cautionary rule.
  • Demonstrate an understanding of the concept of "refreshing of memory. 
    		•

    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 scope and functions of the principles of evidence. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The general scope of the principles of evidence is graphically illustrated with reference to its position within the legal system. 

    ASSESSMENT CRITERION 2 
    The functions of the principles of evidence are explained in relation to the investigation process. 

    SPECIFIC OUTCOME 2 
    Explain the concept of corroboration of evidence. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The term corroboration is defined in terms of role in law of evidence. 

    ASSESSMENT CRITERION 2 
    The characteristics of corroboration are assessed in terms of their implications on investigative processes. 

    ASSESSMENT CRITERION 3 
    The principles of corroboration is applied in a given case study. 

    SPECIFIC OUTCOME 3 
    Explain admissions and confessions. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The terms informal, formal admissions and confessions are defined in order to distinguish between them. 

    ASSESSMENT CRITERION 2 
    Differences between informal, formal admissions and confessions are assessed in line with the Criminal Procedure Act. 

    ASSESSMENT CRITERION 3 
    The admission requirements for informal and formal admissions and confessions are evaluated in terms of their admissibility. 

    ASSESSMENT CRITERION 4 
    Confessions and admissions are analyzed in terms of fundamental rights contained in the Constitution of South Africa. 

    SPECIFIC OUTCOME 4 
    Explain the concept of compellability of witnesses. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Types of compellability are identified as stipulated in law. 
    ASSESSMENT CRITERION RANGE 
    Types of compellability refer to but is not limited to state of mind, evidence of prosecution by wife, husband or wife, privilege arising out of wedlock and no witness compelled to answer questions where witness is the husband or wife.
     

    ASSESSMENT CRITERION 2 
    The requirements for compellability of witnesses are explained in terms of the Criminal Procedure Act. 

    ASSESSMENT CRITERION 3 
    Compellability by advocates, attorneys, judges and magistrates are explained in terms of legal prescripts. 

    ASSESSMENT CRITERION 4 
    Requirements for compellability by diplomatic representatives are evaluated in terms of a given case study. 

    SPECIFIC OUTCOME 5 
    Evaluate types of evidence. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Types of evidence are identified in terms of their uses. 
    ASSESSMENT CRITERION RANGE 
    Types of evidence refer to but are not limited to oral, real, and documentary.
     

    ASSESSMENT CRITERION 2 
    Machine-generated evidence are evaluated in terms of their applications. 
    ASSESSMENT CRITERION RANGE 
    Machine-generated evidence refers to but are not limited to photographs, tape recorders, films and DVD's.
     

    ASSESSMENT CRITERION 3 
    Authenticity of documents are assessed in terms of legal requirements. 

    ASSESSMENT CRITERION 4 
    The differences between primary and secondary evidence are assessed in order to distinguish between them. 

    ASSESSMENT CRITERION 5 
    Concepts related to proof are evaluated in terms of their applications. 
    ASSESSMENT CRITERION RANGE 
    Proof refers to but is not limited to prima facie, conclusive, probate value, onus of proof on the accused and standard of proof.
     

    SPECIFIC OUTCOME 6 
    Demonstrate an understanding of the principle of admissibility of evidence. 
    OUTCOME RANGE 
    Admissibility of relevant evidence also refers to, but not limited to, the principle of admissibility of unconstitutionally obtained evidence as well as the chain of evidence or continuity of possession. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Differences between the exclusionary and the inclusionary rules are identified in order to distinguish between them. 

    ASSESSMENT CRITERION 2 
    The doctrine of due process is explained within the context the Constitution of the Republic of South Africa, particularly the Bill of Rights. 

    ASSESSMENT CRITERION 3 
    The current legal clauses pertaining to the application of the exclusionary rules are applied within a given case study. 

    ASSESSMENT CRITERION 4 
    The rules of admissibility and relevance are evaluated within a given case study. 
    ASSESSMENT CRITERION RANGE 
    Admission and relevancy include, but are not limited to character evidence, similar fact evidence, hearsay, opinion evidence and previous consistent statements.
     

    ASSESSMENT CRITERION 5 
    The term previous consistent statement is assessed in terms of its relevance to admissibility. 

    ASSESSMENT CRITERION 6 
    The concept similar facts are evaluated in terms of its applications. 

    ASSESSMENT CRITERION 7 
    Types of evidence are evaluated in line with their value. 
    ASSESSMENT CRITERION RANGE 
    Types of evidence refer to but are not limited to opinion, character and hearsay evidence.
     

    SPECIFIC OUTCOME 7 
    Apply the rule of privilege. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The categories of rules of private privileges are identified within a given case scenario. 

    ASSESSMENT CRITERION 2 
    The categories of rules of state privileges are identified within a given case scenario. 

    ASSESSMENT CRITERION 3 
    The differences between professional privilege, evidence against self-incrimination and marital privilege is evaluated within a given case study. 

    SPECIFIC OUTCOME 8 
    Apply the cautionary rule. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Aspects to be taken into account when dealing with witnesses are evaluated in terms of the cautionary rule. 
    ASSESSMENT CRITERION RANGE 
    Witnesses refer to but are not limited to single, complainant in sexual offences and minor.
     

    ASSESSMENT CRITERION 2 
    Participants, accessory after the fact are evaluated in terms of the cautionary rule. 

    ASSESSMENT CRITERION 3 
    Evidence handling and presentation are assessed in terms of the cautionary rule. 
    ASSESSMENT CRITERION RANGE 
    Evidence refer to but are not limited to evidence as to the identity and evidence obtained by traps.
     

    SPECIFIC OUTCOME 9 
    Demonstrate an understanding of the concept of "refreshing of memory". 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The requirements to refresh memory and reading witness statements in witness box are assessed in line with presentation of evidence. 

    ASSESSMENT CRITERION 2 
    Methods of presenting notes as evidence is assessed in terms of the value thereof. 

    ASSESSMENT CRITERION 3 
    The effects of refreshing memories during court procedures are evaluated in terms of the advantages and disadvantages. 

    ASSESSMENT CRITERION 4 
    The admissibility requirements of refreshing memory is assessed in terms of its value. 


    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 
  • Principles of evidence.
  • General scope of the principles of evidence.
  • Characteristics of corroboration.
  • Legal rules surrounding justice notice.
  • Rules surrounding common law, statutes and ordinance, foreign law and indigenous law.
  • Admission and confessions.
  • Fundamental rights of an accused.
  • Compellability of witnesses.
  • Compellability by advocates, attorneys, judges and magistrates.
  • Compellability by diplomatic representatives.
  • Types of evidence and the presentation thereof.
  • Machine-generated evidence.
  • Authenticity of documents.
  • Primary and secondary evidence.
  • Witnesses.
  • Proof such as prima facie, conclusive, probate value, onus of proof on the accused and standard of proof.
  • Principle of admissibility of evidence.
  • Exclusionary and the inclusionary rules.
  • Doctrine of due process.
  • Constitution of the Republic of South Africa.
  • Bill of Rights.
  • Rules of private privileges.
  • State privileges.
  • Cautionary rule.
  • Single witnesses.
  • Participants, accessory after the fact.
  • Refreshing of memory.
  • 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 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 117452, "Apply the principles of Law of Evidence in the investigation of crime", Level 5, 4 credits. 

    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 
    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.