Criminal Law
How a Criminal Trial Works in South Africa
Most people facing criminal charges in South Africa have never been through a trial and do not know what to expect. The process is governed primarily by the Criminal Procedure Act 51 of 1977, which sets out how criminal cases are charged, heard and decided.
This guide explains the main stages of a criminal trial in plain language. It is general information only, not legal advice for your specific situation.
Charge and plea
A criminal trial begins when the accused is formally charged. The charge sheet sets out the offence, the date and the relevant section of law. The accused is asked to plead: guilty or not guilty.
A plea of guilty may shorten the process significantly and is sometimes negotiated as part of a plea and sentence agreement under section 105A of the Criminal Procedure Act 51 of 1977. A not guilty plea leads to a full trial where the State must prove its case.
The State's case
If the accused pleads not guilty, the trial proceeds to the State's case. The State bears the burden of proving the accused guilty beyond a reasonable doubt.
The State calls witnesses, presents documentary evidence, and may introduce physical evidence. The defence has the right to cross-examine every State witness.
Understanding the State's case is the first step to challenging it.
Speak to a criminal defence attorneyThe defence case
After the State closes its case, the defence may call its own witnesses, including the accused. The accused has the right to remain silent and cannot be compelled to testify, but may choose to do so.
The State has the right to cross-examine defence witnesses.
Verdict
After all evidence is presented, the court delivers a verdict. In South Africa, criminal trials in the Magistrates' Court and Regional Court are decided by a magistrate alone; there is no jury system.
If found guilty, the accused is convicted. If found not guilty, they are acquitted and discharged.
Sentencing
If convicted, the court moves to sentencing. Both the State and the defence may address the court on an appropriate sentence. The defence typically presents mitigating factors such as personal circumstances, a clean prior record, and family responsibilities.
Minimum sentences for certain serious offences are set by the Criminal Law Amendment Act 105 of 1997. Depending on the circumstances, the court may impose a fine, a suspended sentence, correctional supervision, or imprisonment.
From first appearance through to verdict, we protect your rights.
Get help from our criminal defence attorneysAppeals and reviews
A convicted person has the right to appeal against a conviction or sentence to a higher court. For Magistrates' Court decisions, appeals go to the High Court. The grounds and time limits for an appeal are important to follow carefully.