Criminal procedure

Abstract

Section 342A(1) of the Criminal Procedure Act 51 of 1977 provides that a criminal court may conduct an investigation into delays in criminal proceedings. The section further provides for a number of factors that a court must consider in determining whether such delays are unreasonable (s 342A(2)), as well as a number of orders that a court may issue should it find that the completion of the proceedings is being unreasonably delayed (s 342A(3)). The provision does not empower courts to order a permanent stay of a prosecution. However, our courts (including the Constitutional Court) have held that such an order may indeed be appropriate to protect the fair trial rights of an accused person.