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CPR3701 Assignment 1 (QUALITY ANSWERS) Semester 1 2026

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This document provides detailed workings, clear explanations, and well-structured solutions for the CPR3701 Assignment 1 (QUALITY ANSWERS) Semester 1 2026 - For assistance call or Whats-App us on 0.8.1..2.7.8..3.3.7.2... One of the most basic and strictest rules of the Law of Evidence contends that hearsay evidence is inadmissible. During the subsequent bail proceedings, the prosecution relies primarily on the evidence of the investigating officer, D, who testifies, inter alia, that “Witness X informed me that she had witnessed A raping B, and later killing C”. Briefly and critically evaluate the admissibility or otherwise of the investigating officer's statement, in the context of the procedural and evidentiary edifice of bail proceedings. . In terms of section 109 of the CPA: “Where an accused in criminal proceedings refuses to plead to any charge, the court shall record a plea of not guilty on behalf of the accused…”. A plea under these circumstances is essentially regarded as the accused having pleaded. During the subsequent trial, the charges are put to A by the court, upon which he is requested by the prosecutor to plead. A applies for a remand to that he can consult with his attorney, J, more “adequately”. J, who is also in court, confirms A’s assertion. However, the presiding officer, M, interprets A’s posture as “unnecessary time-wasting”, and registers a plea of “not guilty” on the court record In terms of section 20 of the CPA, the police may, during a search, seize items which were involved in the commission of a crime. During A’s arrest, D, the police officer, seizes some of A's clothes from the house. The clothes seized by D were allegedly worn by A on the day of the alleged offences. Critically discuss the most applicable provision justifying such seizure (that is, s 20(a), (b) or (c)), and why the provision is relevant. A is arrested at his house by Sergeant D, and subsequently incarcerated at the police station. A sues the Minister of Police for the arrest. In the court papers, A argues that the “arrest was not necessary”, and that a different method of bringing him before court, namely, a summons, should have been applied. Critically evaluate A’s argument. The offences were allegedly committed in Cape Town. However, A was arrested in Pretoria. Due to the nature and seriousness of the alleged offences, the National Director of Public Prosecutions (NDPP) decides that A should first appear in the Supreme Court of Appeal (SCA), where the trial will also be conducted. Critically discuss the efficacy of this decision. In the course of the investigations, Sergeant V sets out to interrogate C, in order to obtain more information regarding the crime committed. However, C asserts his “right to remain silent”, and also insists that as a “free citizen”, V does not have the right to question him (C). Discuss whether C’s assertions are correct. After arrest, but before his first court appearance, C requests to be afforded the opportunity to be represented by an attorney, but is informed by Sergent V that the right to legal representation “strictly speaking …only applies during actual court proceedings”. Fully discuss the accuracy and implications of V’s assertion.

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CPR3701
Assignment 1 Semester 1 2026

Unique number:

Due Date: 20 March 2026



This document includes:

 Helpful answers and guidelines
 Detailed explanations and/ or calculations
 References




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+27 81 278 3372

, QUESTION 1

The decision of the National Director of Public Prosecutions to have A appear first in
the Supreme Court of Appeal is legally incorrect and ineffective. The Supreme Court
of Appeal does not have jurisdiction to conduct criminal trials. Its function is to hear
appeals from the High Courts and other courts of similar status. It is an appellate
court and not a court of first instance in criminal matters.1

In terms of section 166 of the Constitution, the court structure of South Africa is
clearly defined.2 The Supreme Court of Appeal stands above the High Courts but
below the Constitutional Court. Its role is limited to deciding appeals. The High Court
is the court that has jurisdiction to try serious offences.3 Therefore, even if the
alleged offences are serious, the matter must start in a court that has original
jurisdiction, usually the High Court in the area where the offence was committed.

Since the offences were allegedly committed in Cape Town, the Western Cape
Division of the High Court would ordinarily have territorial jurisdiction.4 The arrest in
Pretoria does not transfer trial jurisdiction to another province or to the Supreme
Court of Appeal.

For these reasons, the NDPP decision is not legally sound and would likely be set
aside.




QUESTION 2

In terms of section 40 of the Criminal Procedure Act 51 of 1977, a peace officer may
arrest without a warrant if one of the listed jurisdictional facts is present. 5 If Sergeant
D had a reasonable suspicion that A committed a Schedule 1 offence, the arrest
would be lawful once that suspicion was based on objective facts. 6 In Mabona v




1
Superior Courts Act 10 of 2013 s 16.
2
Constitution of the Republic of South Africa, 1996 s 166.
3
Criminal Procedure Act 51 of 1977 s 110.
4
Criminal Procedure Act 51 of 1977 s 90.
5
Criminal Procedure Act 51 of 1977 s 40.
6
Ibid s 40(1)(b).


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Publisher: 2001 ISBN: 9780702156236 Edition: Unknown

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