Part III Practice Quiz
Aspirant Prosecutor Programme — 2027 Study Guide
200 questions — Criminal Procedure Act 51 of 1977
Click the circle next to your chosen answer for each question below.
Your score is calculated automatically at the end (requires Adobe Acrobat Reader).
A printed answer key is also included as a fallback.
,Part III Practice Quiz — Criminal Procedure Act (2027 Study Guide)
Select one answer per question by clicking the circle next to it.
1. (Preliminary) Aggravating circumstances in relation to robbery require proof of all
three of: wielding a weapon, infliction of GBH, and a threat of GBH.
True
False
2. (Preliminary) Per S v Mofokeng, the exact role of each robber (perpetrator,
co-perpetrator, or accomplice) must be determined before a conviction of robbery
with aggravating circumstances.
True
False
3. (Preliminary) A 'dangerous weapon' under the Dangerous Weapons Act 2013
includes a firearm.
True
False
4. (Preliminary) Per S v Hlongwane, wielding a dangerous weapon during a robbery
requires:
A. Pointing it directly at the victim
B. No proof beyond an action amounting to 'wielding' the weapon
C. Actual physical contact with the victim
D. A written threat
5. (Preliminary) Indicate the INCORRECT statement regarding section 6 (power to
withdraw a charge):
A. A DPP or prosecutor may withdraw a charge before the accused has pleaded
B. If a charge is withdrawn before plea, the accused is entitled to a verdict of acquittal
C. Withdrawal before plea does not preclude the State from prosecuting the accused again later
D. There is no verdict on the merits when a case is withdrawn before plea
6. (Preliminary) DPPs may, under s20(5) of the NPA Act, designate authority to
prosecutors to institute and conduct prosecutions.
True
False
Page 1
,Part III Practice Quiz — Criminal Procedure Act (2027 Study Guide)
Select one answer per question by clicking the circle next to it.
7. (Preliminary) A private prosecution under a certificate nolle prosequi (section 7)
requires:
A. The DPP's consent to prosecute
B. A certificate from the DPP confirming they decline to prosecute
C. Approval from the Minister of Justice
D. A unanimous jury verdict
8. (Preliminary) Indicate the INCORRECT statement regarding section 8 (private
prosecution under statutory right):
A. The right must be expressly conferred by law
B. It may be exercised only after consultation with the relevant DPP
C. It can be exercised without any restriction once granted
D. The DPP may withdraw their own right of prosecution to allow it
9. (Preliminary) Under section 18, the right to institute a prosecution for murder
never prescribes.
True
False
10. (Preliminary) Under section 18, the general prescription period for most offences
not in the exception list is:
A. 10 years
B. 15 years
C. 20 years
D. 25 years
11. (Preliminary) Indicate the INCORRECT statement regarding private prosecutions
generally:
A. A private prosecutor must deposit security before issuing process
B. Two unrelated persons may always prosecute jointly on the same charge regardless of injury
suffered
C. If the private prosecutor fails to appear, the charge is generally dismissed
D. The Attorney-General/DPP may intervene to stop a private prosecution
Page 2
, Part III Practice Quiz — Criminal Procedure Act (2027 Study Guide)
Select one answer per question by clicking the circle next to it.
12. (Search & Seizure) Under section 20, the State may seize an article which:
A. Is owned by the accused's family
B. May afford evidence of the commission of an offence
C. Has sentimental value only
D. Was mentioned in a newspaper article
13. (Search & Seizure) Section 35(5) of the Constitution provides that evidence
obtained in violation of a right must always be excluded automatically, with no
discretion.
True
False
14. (Search & Seizure) Indicate the INCORRECT statement regarding section 22
(search without a warrant):
A. A police official may search without a warrant if the person consents
B. A police official may search without a warrant if they believe a warrant would be issued and delay
would defeat the object
C. A police official may always search without a warrant regardless of circumstances
D. Consent by the person controlling the premises can justify a warrantless search
15. (Search & Seizure) Under section 23, on arrest a peace officer may search the
arrested person and seize:
A. Only weapons
B. Any article referred to in section 20 found in their possession
C. Only stolen property
D. Nothing without a separate warrant
16. (Search & Seizure) Under section 24, a person lawfully in charge of premises
may, if a police official is not readily available, search the premises for stolen stock
reasonably suspected to be there.
True
False
Page 3
Aspirant Prosecutor Programme — 2027 Study Guide
200 questions — Criminal Procedure Act 51 of 1977
Click the circle next to your chosen answer for each question below.
Your score is calculated automatically at the end (requires Adobe Acrobat Reader).
A printed answer key is also included as a fallback.
,Part III Practice Quiz — Criminal Procedure Act (2027 Study Guide)
Select one answer per question by clicking the circle next to it.
1. (Preliminary) Aggravating circumstances in relation to robbery require proof of all
three of: wielding a weapon, infliction of GBH, and a threat of GBH.
True
False
2. (Preliminary) Per S v Mofokeng, the exact role of each robber (perpetrator,
co-perpetrator, or accomplice) must be determined before a conviction of robbery
with aggravating circumstances.
True
False
3. (Preliminary) A 'dangerous weapon' under the Dangerous Weapons Act 2013
includes a firearm.
True
False
4. (Preliminary) Per S v Hlongwane, wielding a dangerous weapon during a robbery
requires:
A. Pointing it directly at the victim
B. No proof beyond an action amounting to 'wielding' the weapon
C. Actual physical contact with the victim
D. A written threat
5. (Preliminary) Indicate the INCORRECT statement regarding section 6 (power to
withdraw a charge):
A. A DPP or prosecutor may withdraw a charge before the accused has pleaded
B. If a charge is withdrawn before plea, the accused is entitled to a verdict of acquittal
C. Withdrawal before plea does not preclude the State from prosecuting the accused again later
D. There is no verdict on the merits when a case is withdrawn before plea
6. (Preliminary) DPPs may, under s20(5) of the NPA Act, designate authority to
prosecutors to institute and conduct prosecutions.
True
False
Page 1
,Part III Practice Quiz — Criminal Procedure Act (2027 Study Guide)
Select one answer per question by clicking the circle next to it.
7. (Preliminary) A private prosecution under a certificate nolle prosequi (section 7)
requires:
A. The DPP's consent to prosecute
B. A certificate from the DPP confirming they decline to prosecute
C. Approval from the Minister of Justice
D. A unanimous jury verdict
8. (Preliminary) Indicate the INCORRECT statement regarding section 8 (private
prosecution under statutory right):
A. The right must be expressly conferred by law
B. It may be exercised only after consultation with the relevant DPP
C. It can be exercised without any restriction once granted
D. The DPP may withdraw their own right of prosecution to allow it
9. (Preliminary) Under section 18, the right to institute a prosecution for murder
never prescribes.
True
False
10. (Preliminary) Under section 18, the general prescription period for most offences
not in the exception list is:
A. 10 years
B. 15 years
C. 20 years
D. 25 years
11. (Preliminary) Indicate the INCORRECT statement regarding private prosecutions
generally:
A. A private prosecutor must deposit security before issuing process
B. Two unrelated persons may always prosecute jointly on the same charge regardless of injury
suffered
C. If the private prosecutor fails to appear, the charge is generally dismissed
D. The Attorney-General/DPP may intervene to stop a private prosecution
Page 2
, Part III Practice Quiz — Criminal Procedure Act (2027 Study Guide)
Select one answer per question by clicking the circle next to it.
12. (Search & Seizure) Under section 20, the State may seize an article which:
A. Is owned by the accused's family
B. May afford evidence of the commission of an offence
C. Has sentimental value only
D. Was mentioned in a newspaper article
13. (Search & Seizure) Section 35(5) of the Constitution provides that evidence
obtained in violation of a right must always be excluded automatically, with no
discretion.
True
False
14. (Search & Seizure) Indicate the INCORRECT statement regarding section 22
(search without a warrant):
A. A police official may search without a warrant if the person consents
B. A police official may search without a warrant if they believe a warrant would be issued and delay
would defeat the object
C. A police official may always search without a warrant regardless of circumstances
D. Consent by the person controlling the premises can justify a warrantless search
15. (Search & Seizure) Under section 23, on arrest a peace officer may search the
arrested person and seize:
A. Only weapons
B. Any article referred to in section 20 found in their possession
C. Only stolen property
D. Nothing without a separate warrant
16. (Search & Seizure) Under section 24, a person lawfully in charge of premises
may, if a police official is not readily available, search the premises for stolen stock
reasonably suspected to be there.
True
False
Page 3
