CMP3701
EXAM PACK
,CMP3701 2010 SEMESTER 2 ASSIGNMENT 1
CRIMINAL PROCEDURE LAW
MULTI CHOICE QUESTIONS AND ANSWERS
Question 1
(a) Once a court decides to impose correctional supervision, the court itself must
determine the nature and terms of the sentence. The conditions of the sentence cannot
simply be left to the discretion of the Department of Correctional Services.
(b) Correctional supervision cannot be imposed together with any other form of
punishment.
(c) In relation to suspended sentences, negative conditions are generally the most
common and require the offender to refrain from committing specified offences.
(d) Placement in a reformatory constitutes a severe form of punishment comparable to
imprisonment.
(1) Only statements (a) and (b) are correct.
(2) Only statements (c), (b) and (d) are correct.
(3) Only statements (a), (c) and (d) are correct.
(4) All the statements are correct.
(5) All the statements are incorrect.
Question 2
(a) If a legal representative responds, either orally or in writing, to a question put by the
court under section 115(3), the accused must confirm the response. However, the court
may not require the accused personally to answer the questions.
(b) In a regional-court murder trial, the presiding judicial officer is required to appoint two
assessors to assist with the case.
,(c) Section 112 applies only where an accused enters a plea of guilty before the trial
begins.
(d) An accused is not required to make a statement explaining the basis of the defence
under oath.
(1) All the statements are incorrect.
(2) All the statements are correct.
(3) Only statements (b) and (d) are correct.
(4) Only statements (a), (b) and (d) are correct.
(5) Only statements (a), (b) and (c) are correct.
Question 3
(a) Only an accused person may choose, instead of testifying under oath, to make an
unsworn statement from the dock.
(b) The mere possibility that prejudice may arise where accused persons are jointly
charged is insufficient, by itself, to justify an order separating their trials.
(c) An accused may be joined with another accused in the same proceedings at any
stage before the explanation of the plea and questioning of the last accused has taken
place.
(d) Once the opposing party has cross-examined a witness, the party who originally
called that witness may re-examine the witness on any issue relating to the charges.
(1) None of the statements is correct.
(2) Only statements (b) and (c) are correct.
(3) Only statements (a) and (d) are correct.
(4) Only statement (c) is correct.
(5) All the statements are correct.
Question 4
, (a) Fear for the personal safety of a witness or the safety of the witness's family
constitutes a valid reason for refusing to testify.
(b) Persons charged with the same offence, or with different offences allegedly
committed at the same time and place, or at approximately the same time and place,
may be jointly charged in one indictment.
(c) Once an accused has applied for a separation of trials, an unjustified refusal to
separate the trials amounts to an infringement of the accused's right to a fair trial.
(d) An accused may be joined with another accused in the same criminal proceedings at
any point before evidence concerning the relevant charge has been presented.
(1) All the statements are correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (b) and (c) are wrong.
(4) Only statements (b) and (d) are correct.
(5) Only statements (a) and (d) are wrong.
Question 5
(a) Under the general appeal procedure, there is an absolute right of appeal against
every decision or order made by a provincial or local division of the High Court when
acting as a court of first instance.
(b) The Supreme Court of Appeal is empowered to impose a sentence that is more
severe than the punishment imposed by the court a quo.
(c) Once an accused has exhausted all recognised appeal or review remedies, or those
remedies are no longer available, there is no additional legal remedy available even
where new evidence later emerges that materially affects the conviction.
(d) A convicted person who is a fugitive is nevertheless entitled to appeal against the
conviction or sentence.
EXAM PACK
,CMP3701 2010 SEMESTER 2 ASSIGNMENT 1
CRIMINAL PROCEDURE LAW
MULTI CHOICE QUESTIONS AND ANSWERS
Question 1
(a) Once a court decides to impose correctional supervision, the court itself must
determine the nature and terms of the sentence. The conditions of the sentence cannot
simply be left to the discretion of the Department of Correctional Services.
(b) Correctional supervision cannot be imposed together with any other form of
punishment.
(c) In relation to suspended sentences, negative conditions are generally the most
common and require the offender to refrain from committing specified offences.
(d) Placement in a reformatory constitutes a severe form of punishment comparable to
imprisonment.
(1) Only statements (a) and (b) are correct.
(2) Only statements (c), (b) and (d) are correct.
(3) Only statements (a), (c) and (d) are correct.
(4) All the statements are correct.
(5) All the statements are incorrect.
Question 2
(a) If a legal representative responds, either orally or in writing, to a question put by the
court under section 115(3), the accused must confirm the response. However, the court
may not require the accused personally to answer the questions.
(b) In a regional-court murder trial, the presiding judicial officer is required to appoint two
assessors to assist with the case.
,(c) Section 112 applies only where an accused enters a plea of guilty before the trial
begins.
(d) An accused is not required to make a statement explaining the basis of the defence
under oath.
(1) All the statements are incorrect.
(2) All the statements are correct.
(3) Only statements (b) and (d) are correct.
(4) Only statements (a), (b) and (d) are correct.
(5) Only statements (a), (b) and (c) are correct.
Question 3
(a) Only an accused person may choose, instead of testifying under oath, to make an
unsworn statement from the dock.
(b) The mere possibility that prejudice may arise where accused persons are jointly
charged is insufficient, by itself, to justify an order separating their trials.
(c) An accused may be joined with another accused in the same proceedings at any
stage before the explanation of the plea and questioning of the last accused has taken
place.
(d) Once the opposing party has cross-examined a witness, the party who originally
called that witness may re-examine the witness on any issue relating to the charges.
(1) None of the statements is correct.
(2) Only statements (b) and (c) are correct.
(3) Only statements (a) and (d) are correct.
(4) Only statement (c) is correct.
(5) All the statements are correct.
Question 4
, (a) Fear for the personal safety of a witness or the safety of the witness's family
constitutes a valid reason for refusing to testify.
(b) Persons charged with the same offence, or with different offences allegedly
committed at the same time and place, or at approximately the same time and place,
may be jointly charged in one indictment.
(c) Once an accused has applied for a separation of trials, an unjustified refusal to
separate the trials amounts to an infringement of the accused's right to a fair trial.
(d) An accused may be joined with another accused in the same criminal proceedings at
any point before evidence concerning the relevant charge has been presented.
(1) All the statements are correct.
(2) Only statements (a) and (b) are correct.
(3) Only statements (b) and (c) are wrong.
(4) Only statements (b) and (d) are correct.
(5) Only statements (a) and (d) are wrong.
Question 5
(a) Under the general appeal procedure, there is an absolute right of appeal against
every decision or order made by a provincial or local division of the High Court when
acting as a court of first instance.
(b) The Supreme Court of Appeal is empowered to impose a sentence that is more
severe than the punishment imposed by the court a quo.
(c) Once an accused has exhausted all recognised appeal or review remedies, or those
remedies are no longer available, there is no additional legal remedy available even
where new evidence later emerges that materially affects the conviction.
(d) A convicted person who is a fugitive is nevertheless entitled to appeal against the
conviction or sentence.
