An Analysis of the Wording, Interpretation and Development of the Provisions Dealing with the Use of Lethal Force in Effecting an Arrest in South African Criminal Procedure
South African Journal of Criminal Justice (SACJ) 2011 24(3) 266-282
17 Pages Posted: 30 Jun 2014
Date Written: June 29, 2010
Since the first introduction of a provision dealing with the use of (lethal) force in effecting an arrest in South African criminal procedure in 1917, the provisions have been amended a total of four times with a possible fifth amendment soon to be passed in terms of the Criminal Procedure Amendment Bill B39-2010. In this article the wording, interpretation and development of the provisions from its common-law roots and the first provision in the 1917 Act to the latest proposed amendment will be analysed and compared.
Keywords: Arrest, Lethal force, Criminal Procedure, South Africa, Common Law
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