Cpr3701 assignment 2 Study guides, Class notes & Summaries

CPR3701- Criminal Procedure Assignment 2 2022. Question 1 1. As per Section 84(1) of the CPA, a charge should set out the relevant offence in such a manner and with particulars such as the time and place where the offence is alleged to have been committed and the person, against whom and the property, in respect of which the offence is alleged to have been committed, which may be reasonably sufficient to inform the accused of the nature of the charge.1 The offence should be set out in the ...

CPR3701 TEST YOUR SELF MCQ QUESTIONS 1. Open justice can be equated with the concept that justice must be “seen to be done”. True 2. Open justice is protected by the right to a fair trial and is an absolute right. False 3. The court cannot exclude any member of the public from the trial of an adult accused. False 4. In cases where a witness for the state is about to abscond, the prosecutor may apply for a warrant of arrest and have the said witness detained pending the trial....

2017-06, assignment 01 1. a) The Constitution entrenches the right to a public trial. True b) The right to a public trial can be validly limited where necessary. True c) In terms of the CJA, open justice is generally limited. True d) Open justice can be limited when the complainant is under the age of 18 years. True 2. a) In principle, an accused is entitled to access exculpatory documents in the docket. True b) Where an accused is charged with a common law offence, the only requireme...

CPR3701 ASSIGNMENT 1 FEEDBACK. CPR3701 - Criminal Procedure A Magistrate Court has Jurisdiction, the Magistrate Court may make an extradition order directly, provided that all requirements have been met, this is only to an African State. When a foreign country is involved the findings of the Magistrate will first be referred to the Minister of Justice for his decision.1 (b) In terms of extradition agreements certain corresponding principles is considered: i. With regards to serious cri...

CPR3701 ASSIGNMENT 2 SEMESTER 2 2021 CPR3701 - Criminal Procedure Section 84(1) sets out the requirements with which a charge should comply. It provides as follows: Subject to the provisions of this Act and of any other law relating to any particular offence, a charge shall set forth the relevant offence in such manner and with such particulars as to the time and place at which the offence is alleged to have been committed and the person, if any, against whom and the property, if any, in ...

CPR3701 ASSIGNMENT 1 FEEDBACK A Magistrate Court has Jurisdiction, the Magistrate Court may make an extradition order directly, provided that all requirements have been met, this is only to an African State. When a foreign country is involved the findings of the Magistrate will first be referred to the Minister of Justice for his decision.1 (b) In terms of extradition agreements certain corresponding principles is considered: i. With regards to serious crimes or double criminality, ex...

CPR3701 ASSIGNMENT 2 semester 1 2023

CPR3701 ASSIGNMENT 2 semester 1 2023

University of South Africa Helouise Williams Student number: CPR3701 – Criminal Procedure Semester 1: Assignment 2 Unique number: 2021 Question 1: Proof of previous convictions During the course of bail applications, previous convictions may be granted by the state. Some of the deciding cases for this is Patel 1970 (3) SA 565 (W)1 and Attorney-General, Zimbabwe v Phiri 1988 (2) SA 696 (ZHC)2 . 3 The section on proof of previous convictions is governed by various provision...

Question 01 I. Discuss the Circumstances under which an error in a charge sheet may be corrected. Section 86 allows for the amendment of charge sheets that are defective: Where it is defective for want of an essential element; where there is material difference between the allegation in the charge sheet and the evidence that has been led, where words have been omitted or unnecessarily inserted or any other error is made. Court may order an amendment only if it considers that the ma...