Section 35 of the Constitution of the Republic of South Africa provides protection to the rights of arrested, detained and accused persons. This section deals with a person’s rights from the moment of the arrest and with the fairness of the criminal trial.

Arrested people have the right to remain silent and to be informed of the right to remain silent and of the consequences of not remaining silent. They may not be compelled to make any confessions or admissions that could be used against them in court and they must be taken to court as soon as reasonably possible, but within 48 hours of the arrest. At the first court appearance, they must be charged, or be informed of the reason why they are being detained, or to be released.

Detained people are to be informed in a language they understand of the reasons for their detention and they may challenge the lawfulness of the detention. They have a right to consult with a legal representative of their choice and the conditions of detention must be consistent with human dignity, including adequate accommodation, food and medical treatment. An accused person’s many constitutional rights, include the rights to be presumed innocent, to be given sufficient time to prepare a defence and to have a public trial before an ordinary court.

The importance of this section is its significant influence on the South African criminal system. Section 35 is furthermore important as it regulates or rather influences the conduct of those who participate in the criminal justice system.