TLI4801 – Techniques in Trial and Litigation
(Criminal Procedure) Practice Exam 2026/2027
Practice Questions & Study Guide | Complete
Exam-Style Questions with Correct Detailed
Answers & Rationales (Reliable Answers) |
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Question1
Which statement most accurately describes the primary
purpose of criminal procedure?
A. To ensure that every accused person is convicted
B. To regulate the investigation, prosecution and adjudication of
alleged offences fairly and lawfully
C. To ensure that the prosecution always has an advantage over
the defence
D. To determine the appropriate sentence before the trial
begins
,Answer: B. To regulate the investigation, prosecution and
adjudication of alleged offences fairly and lawfully
Rationale: Criminal procedure establishes the legal framework
through which alleged criminal conduct is investigated,
prosecuted and adjudicated. Its purpose is not merely to secure
convictions. It must balance effective law enforcement with the
protection of constitutional rights, including the accused
person's rights to a fair trial, dignity, liberty and due process.
The Criminal Procedure Act 51 of 1977 provides much of this
procedural framework, while the Constitution supplies the
overarching constitutional standards.
Question 2
Under section 35(3) of the Constitution, which of the following
is a component of an accused person's right to a fair trial?
A. The right to remain silent only after conviction
B. The right to be presumed guilty until the prosecution proves
innocence
C. The right to be informed of the charge with sufficient detail
to answer it
D. The right to prevent the State from presenting any evidence
Answer: C. The right to be informed of the charge with
sufficient detail to answer it
,Rationale: Section 35(3) of the Constitution guarantees an
accused person numerous fair-trial rights, including the right to
be informed of the charge with sufficient detail to answer it.
This requirement is fundamental because an accused cannot
meaningfully prepare a defence without knowing the case that
must be met. The presumption of innocence also operates in
favour of the accused, while the right to silence does not arise
only after conviction.
Question 3
Which section of the Criminal Procedure Act primarily regulates
the general power of arrest without a warrant by a peace
officer?
A. Section 40
B. Section 41
C. Section 42
D. Section 43
Answer: A. Section 40
Rationale: Section 40 of the Criminal Procedure Act 51 of 1977
sets out circumstances in which a peace officer may arrest a
person without a warrant. These circumstances are important
because arrest without a warrant constitutes a serious
interference with personal liberty and must therefore fall within
, a statutory power. Section 43 deals principally with arrests
under a warrant issued by a judicial officer.
Question 4
A police officer witnesses a person committing an offence for
which an arrest without a warrant is authorised. Which
proposition is most accurate?
A. The officer must first obtain a warrant because all arrests
require judicial authorisation
B. The officer may arrest the person without a warrant where
the statutory requirements are satisfied
C. The officer may arrest the person's relatives instead
D. The officer may arrest the person only after obtaining
permission from the prosecutor
Answer: B. The officer may arrest the person without a
warrant where the statutory requirements are satisfied
Rationale: The Criminal Procedure Act recognises circumstances
in which a peace officer may arrest without a warrant. Where
the officer has the relevant statutory basis, prior judicial
authorisation is unnecessary. The power must nevertheless be
exercised lawfully and consistently with constitutional rights. An
arrest is not automatically lawful merely because an officer
(Criminal Procedure) Practice Exam 2026/2027
Practice Questions & Study Guide | Complete
Exam-Style Questions with Correct Detailed
Answers & Rationales (Reliable Answers) |
Latest Updated Version | Instant Download
Question1
Which statement most accurately describes the primary
purpose of criminal procedure?
A. To ensure that every accused person is convicted
B. To regulate the investigation, prosecution and adjudication of
alleged offences fairly and lawfully
C. To ensure that the prosecution always has an advantage over
the defence
D. To determine the appropriate sentence before the trial
begins
,Answer: B. To regulate the investigation, prosecution and
adjudication of alleged offences fairly and lawfully
Rationale: Criminal procedure establishes the legal framework
through which alleged criminal conduct is investigated,
prosecuted and adjudicated. Its purpose is not merely to secure
convictions. It must balance effective law enforcement with the
protection of constitutional rights, including the accused
person's rights to a fair trial, dignity, liberty and due process.
The Criminal Procedure Act 51 of 1977 provides much of this
procedural framework, while the Constitution supplies the
overarching constitutional standards.
Question 2
Under section 35(3) of the Constitution, which of the following
is a component of an accused person's right to a fair trial?
A. The right to remain silent only after conviction
B. The right to be presumed guilty until the prosecution proves
innocence
C. The right to be informed of the charge with sufficient detail
to answer it
D. The right to prevent the State from presenting any evidence
Answer: C. The right to be informed of the charge with
sufficient detail to answer it
,Rationale: Section 35(3) of the Constitution guarantees an
accused person numerous fair-trial rights, including the right to
be informed of the charge with sufficient detail to answer it.
This requirement is fundamental because an accused cannot
meaningfully prepare a defence without knowing the case that
must be met. The presumption of innocence also operates in
favour of the accused, while the right to silence does not arise
only after conviction.
Question 3
Which section of the Criminal Procedure Act primarily regulates
the general power of arrest without a warrant by a peace
officer?
A. Section 40
B. Section 41
C. Section 42
D. Section 43
Answer: A. Section 40
Rationale: Section 40 of the Criminal Procedure Act 51 of 1977
sets out circumstances in which a peace officer may arrest a
person without a warrant. These circumstances are important
because arrest without a warrant constitutes a serious
interference with personal liberty and must therefore fall within
, a statutory power. Section 43 deals principally with arrests
under a warrant issued by a judicial officer.
Question 4
A police officer witnesses a person committing an offence for
which an arrest without a warrant is authorised. Which
proposition is most accurate?
A. The officer must first obtain a warrant because all arrests
require judicial authorisation
B. The officer may arrest the person without a warrant where
the statutory requirements are satisfied
C. The officer may arrest the person's relatives instead
D. The officer may arrest the person only after obtaining
permission from the prosecutor
Answer: B. The officer may arrest the person without a
warrant where the statutory requirements are satisfied
Rationale: The Criminal Procedure Act recognises circumstances
in which a peace officer may arrest without a warrant. Where
the officer has the relevant statutory basis, prior judicial
authorisation is unnecessary. The power must nevertheless be
exercised lawfully and consistently with constitutional rights. An
arrest is not automatically lawful merely because an officer
