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

See all articles by Andra le Roux-Kemp

Andra le Roux-Kemp

Lincoln Law School, University of Lincoln (UK)

Craig Horne

University of the Western Cape - Faculty of Law

Date Written: June 29, 2010

Abstract

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

Suggested Citation

le Roux-Kemp, Andra and Horne, Craig, 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 (June 29, 2010). South African Journal of Criminal Justice (SACJ) 2011 24(3) 266-282. Available at SSRN: https://ssrn.com/abstract=2460443

Andra Le Roux-Kemp (Contact Author)

Lincoln Law School, University of Lincoln (UK) ( email )

Lincoln LN2
United Kingdom

Craig Horne

University of the Western Cape - Faculty of Law ( email )

Private Bag X17 Bellville
Cape Town, Western Cape 7535
South Africa

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