Schedule 1 of the Criminal Procedure Act 51 of 1977 lists the offences for which a police officer may arrest a suspect without a warrant, and for which a written notice to appear in court may be issued instead of arrest. The current list, substituted in 2007 and amended several times since, runs from treason and murder through to theft, fraud, and malicious injury to property.
Most older articles online reproduce the pre-2007 version of Schedule 1, which read as a short list of minor offences. That version no longer applies. This article sets out the current list, what it is actually used for, and how it differs from the bail schedules that matter at the police station and in court.
What Schedule 1 Is Actually For
Schedule 1 is attached to sections 40 and 42 of the Criminal Procedure Act 51 of 1977. Section 40 empowers a peace officer to arrest without a warrant anyone reasonably suspected of having committed a Schedule 1 offence. Section 42 allows a prosecutor to issue a written notice to appear, instead of prosecuting by way of arrest and charge.
It is not a sentencing list and it does not set punishment. It also is not the list the police use to fix bail at the station; that is a different schedule. Schedule 1 is about arrest powers and prosecution procedure.
The Current Schedule 1 Offences List
The list was substituted by the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 and further amended up to 2023. The offences currently listed are the following, together with any conspiracy, incitement or attempt to commit them.
Offences Against the State and Public Order
- Treason
- Sedition
- Public violence
- Offences under Chapter 2 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004
Offences Against the Person
- Murder
- Culpable homicide
- Rape or compelled rape (sections 3 and 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007)
- Sexual assault, compelled sexual assault and compelled self-sexual assault (sections 5, 6 and 7 of the same Act)
- Any sexual offence against a child or a person who is mentally disabled
- Trafficking in persons (Prevention and Combating of Trafficking in Persons Act 7 of 2013)
- Bestiality (section 13 of the Sexual Offences Act)
- Robbery
- Kidnapping
- Childstealing
- Assault where a dangerous wound is inflicted, grievous bodily harm is inflicted, or the victim is threatened with grievous bodily harm or with a firearm or dangerous weapon
- Torture (Prevention and Combating of Torture of Persons Act 13 of 2013)
Offences Against Property
- Arson
- Malicious injury to property
- Breaking or entering any premises with intent to commit an offence
- Theft, whether under common law or a statute
- Receiving stolen property knowing it to have been stolen
- Fraud
- Forgery or uttering a forged document knowing it to have been forged
- Offences relating to the coinage
The Catch-All Items
Two general items extend Schedule 1 well beyond the named offences. First, any offence, other than escaping from custody in narrow circumstances, that is punishable by more than six months’ imprisonment without the option of a fine. Second, escaping from lawful custody where the person was held for a Schedule 1 offence. The escape provision shows how the list feeds into itself.
Why the Old Lists Online Are Wrong
Before 2007, Schedule 1 read as a catalogue of less serious offences, with items such as common assault and petty theft, and it interacted with bail in ways that mattered at the police station. The 2007 substitution rewrote it completely and moved the police-bail function to other schedules. Articles that still present the old list, sometimes with monetary thresholds that were removed decades ago, describe a law that has not applied for nearly twenty years.
How Schedule 1 Differs From the Bail Schedules
| Schedule | What it governs |
|---|---|
| Schedule 1 | Arrest without a warrant (s 40) and written notice to appear (s 42) |
| Schedules 5 and 6 | Bail: which offences carry the heavier burdens, with Schedule 6 offences presumptively requiring exceptional circumstances for bail |
| Schedule 7 | Offences for which police bail may be fixed at the station under section 59 |
| Schedule 8 | Offences a prosecutor may oppose bail for, listed for bail proceedings |
The practical takeaway: being arrested under Schedule 1 says nothing about how serious your bail hearing will be. A person arrested for murder, a Schedule 1 offence for arrest purposes, will face bail under Schedule 6, the most restrictive bail regime.
Common Mistakes to Avoid
- Trusting outdated lists. If an article describes Schedule 1 as common assault, petty shoplifting and small-value theft, it is reproducing the pre-2007 list.
- Assuming Schedule 1 means minor. Treason, murder and rape are on the current list. The label governs arrest procedure, not seriousness.
- Confusing it with the bail schedules. Bail outcomes turn on Schedules 5 to 8, not Schedule 1.
- Overlooking the catch-all. Any offence punishable by more than six months without the option of a fine lands in Schedule 1 even if it is not named.
- Forgetting attempts count. Conspiracy, incitement and attempt to commit any listed offence are treated as Schedule 1 offences.
Frequently Asked Questions
What is Schedule 1 of the Criminal Procedure Act?
Schedule 1 lists the offences for which a peace officer may arrest a person without a warrant under section 40 of the Criminal Procedure Act 51 of 1977, and for which a written notice to appear may be issued under section 42. It is not a sentencing or bail schedule.
Is common assault a Schedule 1 offence?
Common assault is not named in the current Schedule 1. The list includes assault only where a dangerous wound is inflicted, grievous bodily harm is caused, or the victim is threatened with grievous bodily harm or a firearm or dangerous weapon. Common assault falls under Schedule 7 for police bail purposes.
Why do older articles list petty theft as a Schedule 1 offence?
They reproduce the pre-2007 version of Schedule 1, which was a shorter list of less serious offences. The schedule was substituted in 2007 and amended several times since, so those versions no longer apply.
Does Schedule 1 affect bail?
Not directly. Bail is governed by Schedules 5 to 8 of the Criminal Procedure Act. Schedule 1 governs arrest without warrant and written notices to appear, so its label says nothing about the bail burden you will face.
Can you be arrested without a warrant for a Schedule 1 offence?
Yes. Section 40 of the Criminal Procedure Act authorises a peace officer to arrest without a warrant anyone reasonably suspected of committing a Schedule 1 offence, subject to the ordinary requirements of a lawful arrest.
Disclaimer. This article is general information, not legal advice for a specific matter. The schedules are amended from time to time. Confirm the current text against the Criminal Procedure Act 51 of 1977 as published by the Department of Justice, and consult an admitted attorney or the South African Police Service about a specific case.