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''S v Singo''〔2002 (4) SA 858 (CC).〕 is an important case in South African criminal procedure, heard in the Constitutional Court on 12 March 2002, with judgment delivered on 12 June 2002. The presiding officers were Chaskalson CJ, Langa DCJ, Ackermann J, Goldstone J, Kriegler J, Madala J, Ngcobo J, O'Regan J, Sachs J, Du Plessis AJ and Skweyiya AJ. JG Wasserman SC (with A. Louw) appeared for the applicant at the request of the Court, and JA van S d'Oliveira SC (with AL Collopy and R. Sampson) for the State. == Procedure == The procedure envisaged in section 72(4) of the Criminal Procedure Act〔Act 51 of 1977.〕 consists of two distinct yet connected enquiries. The court may, but need not, undertake either enquiry. The first is when the court considers whether or not to issue a warrant for the arrest of the accused person. At this stage the accused is absent and the court of its own accord establishes whether the two pre-conditions to issue a warrant of arrest exist. These conditions are that the accused person # had been duly warned in terms of sections (1)(a) or (b); and # has failed to comply with the warning. The second phase begins when the accused person is brought to court and the summary procedure is invoked. At this stage it is not necessary for the court to be satisfied afresh as to whether the two pre-conditions exist. Their existence will ordinarily appear from the record and therefore be ''prima facie'' established. The court is indeed required to record in full the proceedings at which the warning is given, and an extract of such proceedings, if certified as correct, is ''prima facie'' proof of the warning given. It is therefore imperative that the warning be recorded in full. Where the warning was issued by a police official, the terms of the warning will appear from a written notice completed by the official. When the accused appears in court pursuant to the provisions of section 72(4), she or he may be asked by the presiding officer whether non-compliance with the warning is conceded. Depending on the response to the question, the summary procedure may continue. In order to comply with the obligation imposed by section 35(3) of the Constitution, the presiding officer implementing the 72(4) procedure must ensure that it is fair. Therefore, unless the accused is legally represented, the court ought, the moment it decides to pursue the matter of the ostensible non-compliance with the warning, to explain the nature and requirements and effect of the proceedings about to be commenced. This explanation should include telling the accused that it appears from the record that she or he was duly warned—the contents of the warning may have to be explained—and that there was a non-appearance or other failure to comply with the warning. It should include telling the accused * that such non-compliance is an offence for which the law allows a fine or imprisonment of up to three months; and * that, unless the pre-conditions are cogently challenged, they may be regarded as having been established, whereupon the court will be empowered there and then to investigate the issue of culpable non-compliance and intends doing so. In addition to the above, the presiding officer is obliged to inform an undefended accused of his or her basic procedural rights. The enquiry must be conducted in a fair and impartial manner. As part of the enquiry, the presiding officer must establish from the accused whether she or he disputes the fact that she or he was duly warned, giving the details of the warning as recorded, and that she or he failed to comply with the warning. If the accused does not dispute the two basic facts, the presiding officer must then establish from the accused the reason for his failure to appear in court. Fairness requires the presiding officer to assist an undefended accused to explain her or his failure to appear in court by putting questions to the accused. By its very nature, the enquiry envisaged in section 72(4) contemplates that the presiding officer will play an active role in such an enquiry by putting questions to the accused. The objective of such questions is to elicit the explanation, if any, for failure to appear in court. Provided that the questioning is conducted in a fair and impartial manner, this will help an undefended accused to put forward the reason for his failure to appear in court.〔Paras 9-13.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「S v Singo」の詳細全文を読む スポンサード リンク
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