The Introduction to Criminal Procedure 2020

After Trial, Appeal & Review and Plea

Agreement

NB!! This is a guiding tool that is to be used together with your textbook and slides.
Date: 20 May 2020
Prescribed Textbook: Kleyn and Viljoen Beginner’s Guide for Law Students 5th
edition (2018) Juta, Cape Town Chapter 10

1. After the Trial

➔ Execution of Sentence begins.

2. Appeal & Review

➔ Trials may be subject to reviews or appeals
➔ Section 35 (3)(o) of the Constitution - The constitutional right to a fair trial
includes an allowance for the convicted individual to appeal or review the trial
to a higher court
➔ Chapter 30 of the Criminal Procedure Act - Appeal or Review in Lower Courts
➔ Chapter 31 of the Criminal Procedure Act - Appeal or Review in Superior
Courts
2.1 Appeal
✓ Error of Law

✓ Parties = Appellant/Applicant v Respondent

✓ Appeals the substantive decision of the lower court

✓ The appeal is to a higher court in terms of hierarchy

1
The Introduction to Criminal Procedure 2020

✓ A decision will be taken on appeal if there is a reasonable belief that

the lower court made an error in evaluating the facts and the application

of the law to those facts

✓ This is lodged against the conviction/trial on merit OR the trial on

sentence OR both.

✓ The appellant will request that the appeal court decide whether the

decision of the court relating to conviction, sentence or both was correct

or not.

2.2 Review
✓ Procedural Error/Flaw

✓ Reviews the procedural conduct/irregularity of the lower court, i.e. their

right to a fair trial has been abused

✓ A decision will be taken on review if there is a reasonable belief that

the lower court made an error in the procedural aspect of the trial

✓ A convicted person has the right to review the decisions of a lower

court when the procedure that the judicial officer in the lower court is:

(a) Grossly irregular

E.g The right to interpretation of proceedings has been infringed upon,
failure to inform the accused of their fundamental rights like the right to
review/appeal, exclusion of (admissible) evidence
(b) Biased
E.g Judge has an interest in the matter and did not recuse themselves
(c) The sentence granted, deviates with justice

3. Plea Agreement

2
The Introduction to Criminal Procedure 2020

➔ Criminal trials can be lengthy and expensive.

➔ To address the cost of lengthy trials, a possibility of plea agreements was
introduced.
➔ Parties in plea agreement = accused and prosecutor.
➔ This agreement may be reached BEFORE accused pleads to the charge!!!
➔ Plea Agreement may be defined as an agreement:

✓negotiated INFORMALLY

✓entered between the accused AND the prosecution,

✓BEFORE the commencement of the trial,

✓in respect of a CHARGE or AMENDMENT of a charge,

✓either orally OR in writing,

✓where the accused ADMITS GUILT

➔ The accused will essentially give up the rights to a fair trial that section 35 of
the Constitution grants them, in exchange for a reduced charge, that both
parties will agree upon….in return for the prosecutors giving up the State’s right
to the possibility of conviction after a trial is concluded
➔ A plea agreement is MUTUALLY BENEFICIAL for both the accused and the
Sate.
WHY?
(a)Because by entering into this agreement, the State will save time and costs
that lengthy criminal trials bear, and
(b) the accused is allowed an opportunity to negotiate a lower or less serious
charge.

3
The Introduction to Criminal Procedure 2020

QUESTIONS

1. You represent London M, a 20-year-old male from Joza, Makhanda. London

M has been convicted for the aggravated assault of their partner Milan, a 21-
year-old male from Joza. London M attempted to stab Milan in a physical
altercation. The court sentences him 18 months’ imprisonment. As his lawyer,
he seeks advice on appealing.
a. What is an appeal? (4)
b. On what grounds can Z appeal the judgment? (2)
c. Provide a brief explanation of these grounds to your client (2)
d. Provide London M with the distinction between appeal and review (4)
2. Plea Agreement, what is it and what was the motive behind introducing this in
2001. Can the plea Agreement be abused? (10)
FULLY Explain

ENDS

Y Ndamase