CPR3701 CRIMINAL PROCEDURE: COMPREHENSIVE EXAMINATION PREPARATION
GUIDE – SEMESTER 2 2026
SECTION A: INTRODUCTION TO CRIMINAL PROCEDURE AND BASIC CONCEPTS
(Questions 1-30)
1. Which of the following best describes the distinction between substantive criminal
law and criminal procedure?
A. Substantive law determines the rules of procedure while criminal procedure
defines crimes
B. Substantive law defines crimes and prescribes punishments while criminal
procedure regulates the process of enforcing substantive law
C. Substantive law regulates arrests while criminal procedure defines sentencing
D. Both substantive law and criminal procedure are identical in function
Answer: B
Rationale: Substantive criminal law defines what conduct constitutes a crime and the
applicable penalties. Criminal procedure (adjectival law) provides the rules and
mechanisms for enforcing substantive criminal law through the criminal justice process.
2. Which system of criminal procedure does South Africa essentially adhere to?
A. Inquisitorial system
B. Accusatorial system
C. Hybrid system with both accusatorial and inquisitorial elements
D. Napoleonic system
,Answer: C
Rationale: South Africa follows a hybrid system. While the accusatorial system is
predominant (with the state and defence presenting their cases before an impartial judicial
officer), certain inquisitorial elements exist, particularly in bail proceedings and sentencing
inquiries.
3. The Criminal Procedure Act that governs criminal proceedings in South Africa is:
A. Criminal Procedure Act 51 of 1977
B. Criminal Procedure Act 56 of 1955
C. Criminal Procedure Act 38 of 2005
D. Criminal Procedure Act 72 of 1996
Answer: A
Rationale: The Criminal Procedure Act 51 of 1977 is the primary legislation governing
criminal procedure in South Africa. It regulates all aspects from arrest to post-trial
procedures.
4. Which of the following statements regarding the principle of legality is CORRECT?
A. The principle of legality is not constitutionally entrenched
B. The principle of legality is constitutionally entrenched
C. The principle of legality only applies to substantive law
D. The principle of legality has no application in criminal procedure
Answer: B
Rationale: The principle of legality is constitutionally entrenched in South African law. It
requires that all state action must be authorised by law and applies to both substantive
and procedural aspects of criminal justice.
5. The principle of equality of arms in criminal proceedings means:
A. Both parties must have identical legal resources
B. Equal opportunities must be available to both the state and the defence to prove
their respective cases
C. The accused must have the same number of witnesses as the state
D. The state and defence must have the same budget for legal representation
Answer: B
Rationale: The principle of equality of arms is founded on equal opportunities being
,available to both the state and the defence to prove their respective cases. It ensures a fair
trial by balancing the positions of the prosecution and defence.
6. Open justice can be equated with the concept that:
A. Justice must be administered in secret
B. Justice must be "seen to be done"
C. Only judges should observe court proceedings
D. Media must be excluded from all trials
Answer: B
Rationale: Open justice is the principle that justice must be "seen to be done". It ensures
transparency and public confidence in the judicial system.
7. Is open justice protected by the right to a fair trial and is it an absolute right?
A. Yes, it is an absolute right with no exceptions
B. No, it is not protected by the right to a fair trial
C. It is protected by the right to a fair trial but is NOT an absolute right
D. It is only protected in the High Court
Answer: C
Rationale: While open justice is protected by the right to a fair trial, it is not an absolute
right. Courts may exclude members of the public in certain circumstances, such as where
it is in the interests of justice or to protect vulnerable witnesses.
8. The term "adjectival law" in the context of criminal procedure refers to:
A. The law that defines criminal offences
B. The rules of procedure which must be followed in criminal proceedings
C. The law relating to criminal sentencing
D. The substantive rules of criminal liability
Answer: B
Rationale: Adjectival or procedural law determines the rules of procedure which must be
followed in criminal proceedings. It is the mechanism through which substantive criminal
law is enforced.
, 9. The purpose of criminal procedure is to:
A. Punish all offenders without trial
B. Provide a fair and efficient process for determining criminal liability
C. Protect only the rights of the accused
D. Ensure that all accused persons are convicted
Answer: B
Rationale: Criminal procedure provides a framework for the fair and efficient
determination of criminal liability while balancing the rights of the accused, the interests of
victims, and the broader interests of society.
10. In an inquisitorial system of criminal procedure, the judicial officer:
A. Acts only as a passive umpire between the parties
B. Plays an active role in investigating the facts and gathering evidence
C. Has no role in the proceedings
D. Only rules on legal arguments presented by the parties
Answer: B
Rationale: In an inquisitorial system, the judicial officer plays an active role in investigating
the facts and gathering evidence. This contrasts with the accusatorial system where the
judicial officer acts as a neutral umpire.
11. Which of the following is NOT a source of criminal procedure in South Africa?
A. The Constitution of the Republic of South Africa, 1996
B. The Criminal Procedure Act 51 of 1977
C. The common law
D. The International Criminal Court Statute only
Answer: D
Rationale: The sources of criminal procedure in South Africa include the Constitution, the
Criminal Procedure Act, common law, and judicial precedent. The International Criminal
Court Statute is not a primary source of domestic criminal procedure.
12. The right to a fair trial is enshrined in which section of the Constitution?
A. Section 9
B. Section 35
GUIDE – SEMESTER 2 2026
SECTION A: INTRODUCTION TO CRIMINAL PROCEDURE AND BASIC CONCEPTS
(Questions 1-30)
1. Which of the following best describes the distinction between substantive criminal
law and criminal procedure?
A. Substantive law determines the rules of procedure while criminal procedure
defines crimes
B. Substantive law defines crimes and prescribes punishments while criminal
procedure regulates the process of enforcing substantive law
C. Substantive law regulates arrests while criminal procedure defines sentencing
D. Both substantive law and criminal procedure are identical in function
Answer: B
Rationale: Substantive criminal law defines what conduct constitutes a crime and the
applicable penalties. Criminal procedure (adjectival law) provides the rules and
mechanisms for enforcing substantive criminal law through the criminal justice process.
2. Which system of criminal procedure does South Africa essentially adhere to?
A. Inquisitorial system
B. Accusatorial system
C. Hybrid system with both accusatorial and inquisitorial elements
D. Napoleonic system
,Answer: C
Rationale: South Africa follows a hybrid system. While the accusatorial system is
predominant (with the state and defence presenting their cases before an impartial judicial
officer), certain inquisitorial elements exist, particularly in bail proceedings and sentencing
inquiries.
3. The Criminal Procedure Act that governs criminal proceedings in South Africa is:
A. Criminal Procedure Act 51 of 1977
B. Criminal Procedure Act 56 of 1955
C. Criminal Procedure Act 38 of 2005
D. Criminal Procedure Act 72 of 1996
Answer: A
Rationale: The Criminal Procedure Act 51 of 1977 is the primary legislation governing
criminal procedure in South Africa. It regulates all aspects from arrest to post-trial
procedures.
4. Which of the following statements regarding the principle of legality is CORRECT?
A. The principle of legality is not constitutionally entrenched
B. The principle of legality is constitutionally entrenched
C. The principle of legality only applies to substantive law
D. The principle of legality has no application in criminal procedure
Answer: B
Rationale: The principle of legality is constitutionally entrenched in South African law. It
requires that all state action must be authorised by law and applies to both substantive
and procedural aspects of criminal justice.
5. The principle of equality of arms in criminal proceedings means:
A. Both parties must have identical legal resources
B. Equal opportunities must be available to both the state and the defence to prove
their respective cases
C. The accused must have the same number of witnesses as the state
D. The state and defence must have the same budget for legal representation
Answer: B
Rationale: The principle of equality of arms is founded on equal opportunities being
,available to both the state and the defence to prove their respective cases. It ensures a fair
trial by balancing the positions of the prosecution and defence.
6. Open justice can be equated with the concept that:
A. Justice must be administered in secret
B. Justice must be "seen to be done"
C. Only judges should observe court proceedings
D. Media must be excluded from all trials
Answer: B
Rationale: Open justice is the principle that justice must be "seen to be done". It ensures
transparency and public confidence in the judicial system.
7. Is open justice protected by the right to a fair trial and is it an absolute right?
A. Yes, it is an absolute right with no exceptions
B. No, it is not protected by the right to a fair trial
C. It is protected by the right to a fair trial but is NOT an absolute right
D. It is only protected in the High Court
Answer: C
Rationale: While open justice is protected by the right to a fair trial, it is not an absolute
right. Courts may exclude members of the public in certain circumstances, such as where
it is in the interests of justice or to protect vulnerable witnesses.
8. The term "adjectival law" in the context of criminal procedure refers to:
A. The law that defines criminal offences
B. The rules of procedure which must be followed in criminal proceedings
C. The law relating to criminal sentencing
D. The substantive rules of criminal liability
Answer: B
Rationale: Adjectival or procedural law determines the rules of procedure which must be
followed in criminal proceedings. It is the mechanism through which substantive criminal
law is enforced.
, 9. The purpose of criminal procedure is to:
A. Punish all offenders without trial
B. Provide a fair and efficient process for determining criminal liability
C. Protect only the rights of the accused
D. Ensure that all accused persons are convicted
Answer: B
Rationale: Criminal procedure provides a framework for the fair and efficient
determination of criminal liability while balancing the rights of the accused, the interests of
victims, and the broader interests of society.
10. In an inquisitorial system of criminal procedure, the judicial officer:
A. Acts only as a passive umpire between the parties
B. Plays an active role in investigating the facts and gathering evidence
C. Has no role in the proceedings
D. Only rules on legal arguments presented by the parties
Answer: B
Rationale: In an inquisitorial system, the judicial officer plays an active role in investigating
the facts and gathering evidence. This contrasts with the accusatorial system where the
judicial officer acts as a neutral umpire.
11. Which of the following is NOT a source of criminal procedure in South Africa?
A. The Constitution of the Republic of South Africa, 1996
B. The Criminal Procedure Act 51 of 1977
C. The common law
D. The International Criminal Court Statute only
Answer: D
Rationale: The sources of criminal procedure in South Africa include the Constitution, the
Criminal Procedure Act, common law, and judicial precedent. The International Criminal
Court Statute is not a primary source of domestic criminal procedure.
12. The right to a fair trial is enshrined in which section of the Constitution?
A. Section 9
B. Section 35
