Confident Criminal Litigation

Confident Criminal Litigation will allow novice criminal litigators to be able to litigate with confidence by following the step-by-step approach as set out in the book.

Confident Criminal Litigation is a step-by-step guide on how to conduct a criminal trial. The work cites the important cases that illustrate the most valuable points or principles that they highlight. It also includes as Appendices, useful Acts such as: The Constitution; the Criminal Procedure Act; The Child Justice Act and the Criminal Law (Sentencing) Amendment Act.

Confident Criminal Litigation deals with practical issues like what to say when addressing the court in various situations, and strategies and techniques for preparing yourself and your client for trial. It also contains useful precedents such as statements in terms of Section 115 (Plea of Not Guilty).

The Areas of Criminal Litigation covered in the book include:

  • The Arrest
  • Bail
  • Introduction and Preparation for Trial
  • Strategies and Techniques for Trial
  • Cross-examination of Witnesses
  • How to Apply for Section 174 Discharge at the End of the State Case
  • The Effect of Closing Defence without Accused Testifying
  • Calling the Accused to Testify
  • Addressing Court on Merits
  • How to Approach and Mitigate Sentence
  • Application to Re-open State Case
  • Adjournments: How to Approach or Oppose them
  • Admissions and Confessions
  • The Legal Practitioner
  • Recusal of a Judicial Officer
  • Trial Within a Trial
  • Permanent Stay of Prosecution
  • Media Reports
  • Identification Parades
  • The Approach of the Courts with respect to Identity; Circumstantial Evidence; Expert Evidence; Handwriting and Fingerprints

The author is Anand Maharaj B. Iuris (UDW) LLB (Unizul) presently Regional Magistrate in Durban. He has worked for the Department of Justice since February 1987 where he started as a prosecutor and so has some 22 years of engaging with criminal litigation.