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Through the CourtsSouth Africa

Criminal case

The criminal case journey

A criminal case is brought by the state against an accused person. The victim is a witness, not a party — which is why it can feel as though the case is happening around you. These are the stages, in order.

The journey at a glance

Click a stage below to jump to what happens, how long it usually takes, and what you can do.

  1. Reporting the crimeA case is opened at a police station, or at a Thuthuzela Care Centre for a sexual offence.
  2. Making a statementYour account is written down, signed, and becomes part of the police docket.
  3. Investigation and the docketThe investigating officer gathers evidence into a case file called the docket.
  4. Arrest, first appearance and bailThe accused appears in court, usually within 48 hours of arrest, and bail is considered.
  5. The decision to prosecuteA prosecutor from the NPA decides whether the case goes to trial and what the charges are.
  6. Preparing to testifyBefore the trial you are prepared by the prosecutor, and protections can be arranged for children and sexual-offence complainants.
  7. The trialThe state leads its evidence, the defence tests it, and the accused may give their version.
  8. The verdictThe court decides whether the state has proved the case beyond reasonable doubt.
  9. Sentencing and afterwardsThe court decides the punishment, and you may tell it how the crime affected you.

Also dealing with a civil claim? See both journeys side by side.

What counts as a criminal case?

A criminal case is started when the State believes someone broke the law and should be punished. It is not a private fight about money, a contract or a relationship.

  • The State — through the police and the National Prosecuting Authority — prosecutes the accused. You are the complainant or witness, not the person suing.
  • The goal is public safety and punishment, not compensation. A civil claim for damages can run at the same time, but it is a separate process.
  • Common examples are assault, sexual offences, theft, robbery, fraud, murder and arson. Domestic violence becomes a criminal case when a crime such as assault or rape is committed.

If you are unsure whether what happened is a crime, you can still report it to the police or speak to Legal Aid SA. They can help you understand your options.

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  1. How long this takes: Usually the same day. You can report a sexual offence no matter how long ago it happened.

    What happens

    • You report at any police station — you do not have to go to the one nearest the crime.
    • The police open a case and give you a case number (a CAS number) and the name of the investigating officer.
    • For a sexual offence you can be taken to a Thuthuzela Care Centre, a one-stop centre where a doctor, a counsellor and the police work together in one place.
    • A medical examination may be done and clothing or other items may be kept as evidence.

    What you can do

    • Write down the case number and the investigating officer's name and cellphone number.
    • You may ask for a private room and for someone you trust to stay with you.
    • You may ask for a police officer of a particular gender where possible.

    Good questions to ask

    • The case number
    • Who the investigating officer is
    • When you will be contacted next

Still unsure about something?

Legal words are explained in plain English, and there is a list of free places to phone for help.

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