What are the implications of a Criminal matter when it is struck off the Court Roll?

01 June 2023 , Allan Lesesa 397

Criminal matters are innumerable. The criminal court rolls are forever clogged, and this is owing to several factors, a blame can be because of the State not doing what it is supposed to in time, such as investigations and so forth, or the blame for the effective handling and finality of the matter can also be attributed to the defence as well. What happens when a criminal matter has been at court for a long time? What legal relief is there for the accused and what are the implications? In this article, we will consider these questions and outline what rights an accused person has in a dragging criminal matter.

WHAT IS A CRIMINAL MATTER?

A Criminal matter is when a person or more are accused by the state that they broke the law and thus committed an offence. Such an offence must be punishable in law.

A criminal matter starts by a lodging of a criminal complaint by a complainant, the aggrieved person goes to the police station, depose to a complaint statement/affidavit, and thereafter a docket is opened wherein an investigating officer will investigate the facts of your complaint and gather evidence. Another way a criminal matter commences is when a peace officer catches a suspect “red hand” committing a crime or if they reasonably suspect such committal and they conduct a search and possibly establish with some reasonableness, the committal of an offence.

The Constitution gives a right to every person to have a fair trial, which should be conducted and finalized within a reasonably time. When a person is accused with a having committed an offense, practice indicates that criminal matters at times take forever to be finalized and this can cause prejudice to the accused and the State, depending on who is to be blamed, prejudice may translate to the period they spend in custody, the money that they have to spend on a private legal representative, witnesses memory may fade and evidence may be lost or destroyed in the course of time. When a criminal matter takes longer than is reasonable, what can be done?

WHAT CAN BE DONE WHEN A CRIMINAL MATTER TAKES LONG TO BE FINALIZED?

The Criminal Procedure Act gives a direction on what can and has to be done to ensure that the State and the accused persons right to a fair and speedy trial is ensured. Section 342A of the Act makes it possible for a court before which criminal proceedings are pending to investigate any delay in the completion of proceedings which appears to the court to be unreasonable and which could cause substantial prejudice to the prosecution, the accused or his or her legal adviser, the State, or a witness.

When doing this, the court considers the duration of the delay, the reasons advanced for the delay and whether any person can be blamed for the delay. If the court finds that the completion of the proceedings is being delayed unreasonably, the court may issue any such order as it deems fit to eliminate the delay and any prejudice arising from it or to prevent further delay or prejudice.

A common order that the Courts often make in such circumstances is to strike off the matter from the court roll. This means that the case does not continue, but it does not mean the end of the case or that the accused is acquitted.

WHAT ARE THE IMPLICATIONS OF A CRIMINAL MATTER BEING STRUCK FROM THE ROLL?

This does not mean the end of the case or an acquittal for the accused. The State can still apply to the Court to have the matter re-enrolled and if successful, the accused will be called to answer to the charges.

The accused will normally be summoned to court, the summons contain the Charge sheet, the name of the Court, and date of hearing.

When faced with criminal charges, it is important, especially for an accused person to be adequately represented and protected from any prejudice even if such prejudice is because of delays in the administration of justice. TO ensure adequate and effective representation, it is important for anyone to choose a knowledgeable legal representation.

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