CPR3701 Assignment 1 Semester 1 2024 (answers)

CPR3701 Assignment 1 Semester 1 2024 (answers) Question 1 Not yet answered Marked out of 1.00 Flag question Question text The law of criminal procedure a. is a branch of substantive law b. deals with the detection, investigation and prosecution of criminals. c. determines , prescribes the elements that constitute, for example, the crime of rape d. does not deal with the detection, investigation and prosecution of suspects and accused persons. e. does not essentially deal with the detection, investigation and prosecution of criminals. Clear my choice Question 2 Not yet answered Marked out of 1.00 Flag question Question text The concept of the presumption of innocence essentially a. requires the court to prove the accused’s guilt beyond a reasonable doubt. b. enjoins the prosecution to prove the accused’s guilt on a balance of probabilities. c. means that every person is regarded as innocent until proven guilty by a court prosecutor. d. means that every person is regarded as innocent until properly convicted by a court of law e. means that every person is regarded as guilty until he or she proves himself or herself innocent before a court of law. Clear my choice Question 3 Not yet answered Marked out of 1.00 Flag question Question text The Supreme Court of Appeal. a. may not alter an incorrect sentence of the trial court b. does sit as a court of first instance. c. . is a court of appeal only d. has original sentencing jurisdiction Clear my choice Question 4 Not yet answered Marked out of 1.00 Flag question Question text As a general principle a. a South African court does not have jurisdiction to adjudicate upon an offence committed in a foreign state b. the courts of the Republic may exercise jurisdiction with regard to offences committed everywhere else in the world c. the courts of the Republic only exercise jurisdiction in respect of offences committed on South African territory d. the crime of genocide is not subject to the rules of prescription e. where it is uncertain in which of several jurisdictions an offence has been committed, the offence may be tried in any of such jurisdictions Clear my choice Question 5 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. A district court may not try the crime of murder. b. A regional court may only try the crimes of murder and rape c. A regional court may try the crime of high reason d. A regional court may not try the crimes of murder and rape e. A district court may not try any serious offences against the state. Clear my choice Question 6 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. In general, the courts of the Republic of South Africa only exercise jurisdiction in respect of offences committed on South African territory only b. An offence committed on board a South African aircraft is justiciable in South Africa. c. An offence committed by a South African citizen in Antarctica is justiciable in South Africa. d. A hijacking committed on board a foreign aircraft is not justiciable in South Africa under any circumstances. e. A South African court has the jurisdiction to hear a charge of theft committed in a foreign state Clear my choice Question 7 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. A criminal court in which an accused is subsequently convicted cannot make a compensatory order to the victim of a crime who successfully recovers his or her losses in a civil action b. A criminal court in which an accused is subsequently convicted may make an order of compensation to the victim of a crime who successfully recovers his or her losses in a civil action c. The institution of a civil action based on certain facts against a specific person does not preclude the institution of a private prosecution against the same person, which arises out of the same facts d. In terms of s 342 of the Criminal Procedure Act 51 of 1977 the acquittal of an accused cannot prevent a civil action. e. The institution of a civil action against a specific person does not preclude the institution of a public or private prosecution against the same person, which arises out of the same facts Clear my choice Question 8 Not yet answered Marked out of 1.00 Flag question Question text The right to legal assistance a. should not necessarily to explained to a detainee or to an accused b. may only be exercised during the pre-trial stage of the criminal proceedings c. may be exercised at every stage of the criminal proceedings d. is not applicable to a detainee e. is only useful during the trial and post-trial stages of the criminal proceedings Clear my choice Question 9 Not yet answered Marked out of 1.00 Flag question Question text The concept of reasonableness is premised on the notion that a. action is necessary if a person really ‘believes’ or ‘suspects’ b. any reasonable person in the circumstances would have held the same belief or suspicion c. any objective person in the circumstances would have held the same belief or suspicion d. law enforcement officers should act within the precepts of the law in the exercise of their powers e. law enforcement officers should act rationally in the exercise of their powers Clear my choice Question 10 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. The normative influence of human rights on the criminal justice process enjoins all law-enforcement officers apply the important precepts of the Constitution. b. A limitation of the rights enshrined in the Bill of Rights cannot be premised on any grounds, including society’s wider interest in the combating of crime. c. The rights in the Bill of Rights can only be limited in terms of the limitation clause in s 36 of the Constitution d. Society’s wider interest in the combating of crime necessitates the limitation of the rights enshrined in the Bill of Rights. e. The notion of ‘justice’ should be seen in holistic and normative terms. Clear my choice Question 11 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. A written notice to appear is issued by a prosecutor for appearance in the high court b. An indictment is only used for the accused’s appearance in the regional court c. An indictment may, in appropriate circumstances, be served on an accused for appearance in the regional court d. A summons is ordinarily used in respect of a summary trial in a lower court e. A child-accused cannot be issued with a summons to appear in court Clear my choice Question 12 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. A bad motive for arrest does not make an otherwise lawful arrest, unlawful b. Arrest must be carried out only in respect of certain circumstances c. A private person may use force in effecting arrest d. A private person has the authority to arrest a suspect e. Force may only be used by a police officer during arrest Clear my choice Question 13 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. A police official may not enter any private dwelling without the consent of the occupier thereof b. The police may, for purposes of investigation, enter any premises without a warrant for the purpose of interrogating a potential witness or suspect, and obtaining a statement from him or her. c. In terms of section 1 of the Criminal Procedure Act, the term ‘premises’ refers not only to land or buildings but also to vehicles, ships and aircraft d. In terms of section 1 of the Criminal Procedure Act, the term ‘premises’ refers to land or buildings only e. A police official may use reasonable force to overcome resistance against entry onto a premises, including the breaking of any door or window of such premises. Clear my choice Question 14 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. In terms of section 1 of the Criminal Procedure Act, the term ‘premises’ refers to land or buildings only b. A police official may use reasonable force to overcome resistance against entry onto a premises, including the breaking of any door or window of such premises c. A police official may not enter any private dwelling without the consent of the occupier thereof d. The police may, for purposes of investigation, enter any premises without a warrant for the purpose of interrogating a potential witness or suspect, and obtaining a statement from him or her e. In terms of section 1 of the Criminal Procedure Act, the term ‘premises’ refers not only to land or buildings but also to vehicles, ships and aircraft Clear my choice Question 15 Not yet answered Marked out of 1.00 Flag question Question text The following persons may be called upon to furnish their full name and address to a peace officer, namely, any person, a. who may, in his or her opinion, be able to give evidence in regard to the commission or suspected commission of any offence b. who may, according to the court, be able to give evidence in regard to the commission or suspected commission of any offence c. whom a peace officer has the power to arrest d. who is reasonably suspected of having attempted to commit any offence e. who is reasonably suspected of having committed any offence Clear my choice Question 16 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. The only common-law offence in respect of which a legal duty exists to provide information to the police is high treason b. There is a general legal duty on every person to furnish information to the police regarding the commission of the crime of high treason c. There is a legal duty on every arrestee to furnish their full name and address d. There is a general legal duty on every person to furnish information to the police regarding the commission of the crime of murder e. There is no general legal duty on every person to furnish information regarding the commission of an offence to the police Clear my choice Question 17 Not yet answered Marked out of 1.00 Flag question Question text The following prerequisites must be complied with before authorising a warrant, namely, that the warrant a. must mention the offence being investigated b. need not mention the statutory provision in terms of which the warrant is authorised c. may describe, in a general sense, the scope of the powers granted to the searcher d. need not identify the person, container or premises to be searched e. need not mention the offence under investigation Clear my choice Question 18 Not yet answered Marked out of 1.00 Flag question Question text A search warrant may be authorized a. by a judge or a magistrate b. only by a magistrate c. only by a judge d. by the prosecutor e. by the investigating officer Clear my choice Question 19 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. Private persons are empowered to conduct searches and to seize objects with a warrant. b. Private persons are not empowered to conduct searches and to seize objects with a warrant. c. Only police officials are empowered to conduct searches and to seize objects with a warrant d. A copy of the warrant should, whenever possible be provided before the search and/or seizure e. Both private persons and police officials are empowered to conduct searches or to seize objects without a warrant Clear my choice Question 20 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. Release on police bail can only take place before an accused’s first appearance in a lower court b. Release on bail by a court can take place before an accused’s first appearance in a lower court c. An accused is entitled to apply for bail in court during their first appearance in court d. An application for bail on new facts must always be brought before the lower court responsible for the refusal of bail in the first place e. Prosecutorial bail can only take place before an accused’s first appearance in a lower court Clear my choice Question 21 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. Failure by the accused to attend criminal proceedings does not constitutes a punishable criminal offence b. Bail money must, at the conclusion of the case, be refunded only to the person who deposited the money in the first place c. After conviction, the accused’s bail may not be extended d. The cancellation of bail may only be effected by the court at the request of the prosecutor e. A third party may not pay bail money on behalf of the accused Clear my choice Question 22 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. The court may not rely on the opinion of the investigating officer regarding the fact whether the accused will interfere with state witnesses b. Bail proceedings are essentially accusatorial in nature c. Bail proceedings are essentially inquisitorial in nature d. The personal opinion of a director of public prosecutions is inadmissible the determination of bail e. Hearsay evidence is inadmissible in bail proceedings Clear my choice Question 23 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. A written notice or arrest may be used for an accused’s appearance in court upon very short notice b. A summary trial in a lower court is commenced by lodging an indictment drawn up by the clerk of the court c. The service of a summons upon an accused must take place at least 21 days (Sundays and public holidays excluded) before the day of trial d. In regional court proceedings an accused may be brought before the court through indictment e. In High Court proceedings an accused may be brought before the court through a charge sheet Clear my choice Question 24 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. Section 88 of the CPA requires a defect in the charge to be cured by evidence b. If the accused is charged with the offence of driving a motor vehicle without a valid drivers’ licence, the fact that the accused did not possess a drivers’ licence does not constitute a substantial element of the relevant offence c. Section 84(1) of the CPA specifically requires some elements of the offence to be mentioned in the charge d. Section 88 of the CPA requires a defect in the charge to be cured by the court e. Section 88 authorises replacement of one offence with another offence proved by evidence Clear my choice Question 25 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. In practice the prosecutor usually charges the accused with the least serious crime as the main charge, and the more serious offences as alternative charges b. The court may direct that the charges against an accused be tried separately, if in its opinion this will be in the interests of the accused c. No additional charges can be joined after questioning of the accused has commenced d. A joinder of accused may only take place after the trial has commenced e. A joinder of accused may not take place after the trial has commenced