SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Apply the provisions of the criminal procedure act in the investigation of crime 
SAQA US ID UNIT STANDARD TITLE
117446  Apply the provisions of the criminal procedure act in the investigation of crime 
ORIGINATOR
SGB Resolving of Crime 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Safety in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5  12 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "Registered" 		 2004-12-02  2007-12-02  SAQA 1057/04 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2008-12-02   2011-12-02  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard is replaced by: 
US ID Unit Standard Title Pre-2009 NQF Level NQF Level Credits Replacement Status
253983  Apply provisions of the Criminal Procedure Act  Level 5  Level TBA: Pre-2009 was L5  12   

PURPOSE OF THE UNIT STANDARD 
This unit standard is for learners in the field of investigation who apply the provisions of the criminal procedure to the investigation of crime

A person credited with this unit standard will be able to:
  • Demonstrate the understanding of the implications of certain powers as confirmed by other laws.
  • Conduct a lawful search and seizure by applying with the appropriate provisions.
  • Demonstrate the knowledge regarding the disposal and forfeiture of seized articles.
  • Demonstrate the knowledge of securing the attendance of the accused in court.
  • Conduct a lawful arrest by applying with the appropriate provisions
  • Apply the provisions of ascertainment of bodily features of an accused.

    This unit standard will contribute to the full development of any learner within the safety in society environment and more especially within the investigation environment by providing recognition, further mobility and transportability within the field. The skills, knowledge and understanding demonstrated within this unit standard are essential for social and economic transformation and upliftment within the safety in society environment. 
    		•

    LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    The following knowledge, skills and attitudes and / or equivalent:
    Functional mathematics, numerical and communication skills NQF 4
    Read, interpret and use relevant forms NQF 4
    Unit standard: 115236 Identify and apply the principles of law of evidence
    Unit standard: 11987 Identify and apply the sections of the Criminal Procedures Act
    Unit Standard: 11979Identify and apply relevant knowledge about law in general related to policing
    Unit Standard: 11977 Identify and apply specific and statutory offences 

    UNIT STANDARD RANGE 
    This unit standard applies to persons in the field of safety in society and more specifically the investigation environment with a level of authority that will allow them to take decisions independently. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate the understanding of the implications of certain powers as confirmed by other laws. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The essence of the Criminal Procedure Act is illustrated in line with other laws and powers. 

    ASSESSMENT CRITERION 2 
    All other legislation that will influence the Criminal Procedure Act is identified and impact thereof is explained. 

    SPECIFIC OUTCOME 2 
    Conduct a lawful search and seizure by applying with the appropriate provisions. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The classes of articles to be seized are explained according to the applicable law. 

    ASSESSMENT CRITERION 2 
    Circumstances in which article is seized according to the applicable law. 
    ASSESSMENT CRITERION NOTES 
    Circumstances refer to:
  • Afford
  • Concerned
  • Intended 
    		•

    ASSESSMENT CRITERION 3 
    The provisions of seizing articles by virtue of a search warrant are applied according to the applicable law. 

    ASSESSMENT CRITERION 4 
    The provisions of seizing articles without a warrant are applied according to the applicable law. 

    ASSESSMENT CRITERION 5 
    The provisions of searching of an arrested person and seizing of articles are applied according to the applicable law. 

    ASSESSMENT CRITERION 6 
    The provisions regarding search of premises are explained according to the applicable law. 

    ASSESSMENT CRITERION 7 
    The provisions of entering premises for the purpose of obtaining of evidence are applied according to the applicable law. 

    ASSESSMENT CRITERION 8 
    The provisions of use of force with regard to resistance against entry and search are applied according to the applicable law. 

    ASSESSMENT CRITERION 9 
    The consequences of wrongful search and award of damages are explained according to the applicable law. 

    ASSESSMENT CRITERION 10 
    The provisions of conducting a search in decent and orderly manner are explained according to the applicable law. 

    SPECIFIC OUTCOME 3 
    Demonstrate the knowledge regarding the disposal and forfeiture of seized articles. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The provisions of disposal of articles by police after seizure are applied according to the applicable law. 

    ASSESSMENT CRITERION 2 
    The provisions of disposal of articles where no criminal proceedings are instituted according to the applicable law. 

    ASSESSMENT CRITERION 3 
    The provision of disposal of articles where criminal proceedings are instituted and admission of guilt fine is paid is applied according to the applicable law. 

    ASSESSMENT CRITERION 4 
    The provisions of transferring of articles to court for purposes of trial are applied according to the applicable law. 

    ASSESSMENT CRITERION 5 
    The provisions of forfeiture of articles to State are applied according to the applicable law. 

    SPECIFIC OUTCOME 4 
    Demonstrate the knowledge of securing the attendance of the accused in court. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Summons as method of securing the attendance of the accused in court is applied according to the applicable law. 

    ASSESSMENT CRITERION 2 
    Written notice as a method of securing the attendance of the accused in court is applied according to the applicable law. 

    ASSESSMENT CRITERION 3 
    Indictment as a method of securing the attendance of the accused in court is applied according to the applicable law. 

    SPECIFIC OUTCOME 5 
    Conduct a lawful arrest by applying with the appropriate provisions. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The provisions of the manner and effect of arrest are applied according to the applicable law. 

    ASSESSMENT CRITERION 2 
    The provisions of an arrest by a peace officer without a warrant are applied according to the applicable law. 

    ASSESSMENT CRITERION 3 
    The provisions of obtaining the name and address of certain persons and powers of arrest by peace officer without warrant are applied according to the applicable law. 

    ASSESSMENT CRITERION 4 
    The provisions of obtaining a warrant of arrest issued by magistrate or justice are applied according to the applicable law. 

    ASSESSMENT CRITERION 5 
    The provisions of breaking open premises for the purpose of arrest are applied according to the applicable law. 

    ASSESSMENT CRITERION 6 
    The provisions of use of force in affecting arrest are applied according to the applicable law. 

    ASSESSMENT CRITERION 7 
    The provisions of compelling a person to reveal knowledge about alleged crime are applied according to the applicable law. 

    SPECIFIC OUTCOME 6 
    Apply the provisions of ascertainment of bodily features of an accused. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The provisions of powers in respect of prints and bodily appearance of accused are applied according to the applicable law. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
    1. Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA.
    2. Any institution offering learning that will enable achievement of this unit standard must be accredited as a provider through the relevant ETQA by SAQA.
    3. Moderation of assessment will be overseen by the relevant ETQA according to the moderation guidelines in the relevant qualification and the agreed ETQA procedures

    The standard describes competent performance in doing physical techniques that will enhance their job performance, and lay down the criteria by which competence should be judged, as well as the range of circumstances in which competence should be demonstrated. Integrated assessment methods and tools will allow the candidate to demonstrate that she/ he has acquired knowledge of and can safely and effectively apply competence identified in this unit standard.

    These tools include the following:
  • In-site (on-the-job) observations
  • Role-play simulations
  • Structured group discussions
  • Written reports (e.g. tests, exams, case studies, projects, registers, logbooks, workbooks)
  • Verbal report backs (presentations)
  • Portfolios of evidence
  • Projects (physical visits to Government Departments)
  • Experiential learning
  • Working in teams
  • Scenario sketching

    These methods must be carefully selected based on the purpose of the assessment (For example, the written method of assessing knowledge or on-job demonstration of practical competence). The assessment must integrate a number of different methods in order to give the assessor reliable and valid proof of competence and evidence of required attitudes.

    Level
    This unit standard should develop learners who demonstrate:
  • A foundational knowledge base as indicated in the embedded knowledge component
  • An understanding of the discipline/field's fundamental terms, rules, concepts and principles
  • Familiarity with some of the essential procedures, operations and techniques of this field
  • An ability to use a range of procedures to solve routine problems
  • Basic information gathering, analysis and presentation skills
  • An ability to communicate and present information clearly and reliability following prescribed formats and conventions 
    		•

    UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    A foundational knowledge of the Criminal Procedure Act, policies and procedures regarding the application of the provisions of the criminal procedures in general in the investigation of crime with focus on the understanding of the implications of certain powers as confirmed by other laws, lawful search and seizure by applying with the appropriate provisions, the disposal and forfeiture of seized articles, securing the attendance of the accused in court, lawful arrest by applying with the appropriate provisions and the provisions of ascertainment of bodily features of an accused. 

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems related to the application of the provisions of the criminal procedures in general in the investigation of crime 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others by ensuring that all prescripts are adhered to regarding the application of the provisions of the criminal procedures law in general in the investigation of crime 

    UNIT STANDARD CCFO ORGANISING 
    Organise oneself and one's activities by ensuring the smooth running of all activities and procedures regarding the application of the provisions of the criminal procedures in general in the investigation of crime 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyze, organize and critically evaluate information about the application of the provisions of the criminal procedures in the investigation of crime 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively with all role-players and stakeholders regarding the application of the provisions of the criminal procedures in general in the investigation of crime 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    UNIT STANDARD NOTES 
    This unit standard has been replaced by unit standard 253983, which is "Apply provisions of the Criminal Procedure Act", Level 5, 12 credits.

    The provisions of the Criminal Procedure Act must be read in line with other (Act's) Legislation such as the Constitution of South Africa chapter 2, Bill of rights.


    Specified requirements:

    Specified requirements include legal and legislative specific requirements and are contained in one or more of the following documents:

    Legal

    The Constitution of South Africa
    South African Police Service Act
    Criminal Procedure Act
    Specifications, agreements and policies and procedure
    Organizational Policies and procedures

    Additional information
    Requirements of a portfolio
    Valid, reliable and authentic evidence (presented as a portfolio of evidence) from past achievements and experience, which serves to supplement the assessment of, applied competence.
    The portfolio may include inter alia:
  • Written statements from persons (e.g. current and/or previous employer, colleague, peer, manager, external customers) confirming competence of the learner
  • Relevant certificates or awards
  • Previous assessment records
  • Journals/logbook


    Credits
    Total hours required by the learner to achieve the required outcomes:

    Activity
    Classroom learning 30 Hours
    Structured learning in the workplace 45 Hours
    Self directed learning 40 Hours
    Coaching required 05 Hours
    Other
    Total 120 Hours

    Credits achieved: 12 
    		•

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Fundamental  49118   National Certificate: Resolving of Crime  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "Registered"     		 2007-12-02  Was SAS SETA until Last Date for Achievement 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. EKHURHULENI SHOOTING AND TRAINING ACADEMY 
    2. SOUTH AFRICAN POLICE SERVICE BASIC TRAINING PROVISION 


    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.