DIAGRAM (1) DIAGRAM (2) DIAGRAM (3)

FLOWCHART OF THE CRIMINAL PROCESS FOR AN ADULT ACCUSED

" " " " "

" PRE-TRIAL PROCEDURE
~
TRIAL PROCEDURE POST TRIAL
~
~

"
"
(1) Accused Review
. irregula-
" Automatic
and other forms
rities in of review from
procedure lower courts

" . constitu-
tional
to High Courts

issues

Appeal iro
. merits
". With leave from
lower courts to
. question High Courts
of law . With leave from

" . irregula- High Courts to

3

""
rities in Full Courts and/or
procedure Supreme Court
. Plea negotiations
(s 105A)
. refusal of of Appeal

" .
bail
constitu-
tional
". Directly or with
leave to Consti- " Only on consti-

" 3 " 3 " issues tutional Court tutional issues

on constitu-

"
tional issues

"

"
(2) State/ Review Review in terms

"
Prosecu- of Supreme Court
tion Act; s 304(4) of
Criminal Procedure

"
" " "
Act; Constitution

".

"

"
Juvenile offender Appeal Limited to:
Sentences
"

When appeal or review

.

"
Legal questions
succeeds, appellant
. Constitutional
Out of system into children's out of system
issues
court ito Child Justice Act
. Granting of bail