CPR3701 EXAM STUDY GUIDE 2022

STUDY GUIDE

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University of South Africa
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CPR3701/1/2020–2024

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, CONTENTS

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INTRODUCTION vii

SECTION A: The criminal justice process in general 1


SECTION B: The pre-trial process, the trial process, sentencing and post-trail remedies 3

LEARNING UNIT 1: A basic introduction to criminal procedure 4
1.1 THE PLACE OF CRIMINAL PROCEDURE IN THE LEGAL SYSTEM 5
1.2 THE SCOPE AND CONTENT OF CRIMINAL PROCEDURE 5
1.3 CRIMINAL PROCEDURE IN THE CONTEXT OF THE CONSTITUTION 6
1.4 THE PRESUMPTION OF INNOCENCE IN CRIMINAL PROCEDURE 7
1.5 CRIMINAL PROCEDURE IN THE CONTEXT OF THE INQUISITORIAL AND
ACCUSATORIAL PROCEDURAL SYSTEMS 7

LEARNING UNIT 2: Securing the attendance of the accused at the criminal trial 12
2.1 HOW IS THE ACCUSED BROUGHT BEFORE COURT IN GENERAL? 13
2.2 BRINGING THE ACCUSED BEFORE COURT BY WAY OF ARREST 13
2.3 PROCEDURE AFTER ARREST 15
2.4 EXTRADITION 16

LEARNING UNIT 3: Interrogation, interception and establishing the bodily features of a
person 20
3.1 WHAT ARE THE UNDERLYING PRINCIPLES BEHIND THE NEED FOR
INTERROGATION? 21
3.2 UNDER WHICH CIRCUMSTANCES DOES INTERROGATION TAKE PLACE? 21
3.3 UNDER WHICH CIRCUMSTANCES ARE BODILY FEATURES NORMALLY
ESTABLISHED? 22

LEARNING UNIT 4: Search and seizure 25
4.1 INTRODUCTION 26
4.2 WHICH ARTICLES MAY BE SEIZED DURING SEARCH AND SEIZURE? 26
4.3 WHAT ARE THE CONTENTS AND OPERATIONAL FUNCTIONS OF A SEARCH WITH
A WARRANT? 27
4.4 WHAT ARE THE CONTENTS AND OPERATIONAL FUNCTIONS OF A SEARCH
WITHOUT A WARRANT? 27
4.5 WHAT HAPPENS TO THE ARTICLES WHICH ARE SEIZED IN THE COURSE OF A
SEARCH? 27
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LEARNING UNIT 5: Bail and other forms of pre-trial release 30
5.1 THE LEGISLATIVE AND CONSTITUTIONAL UNDERPINNINGS OF
PRE-TRIAL RELEASE 31
5.2 DIFFERENT FORMS OF PRE-TRIAL RELEASE 31

PHASE 2–4: THE TRIAL, SENTENCING AND POST-TRIAL REMEDIES 35
LEARNING UNIT 6.1: The right to be informed and the “plea” stage 36
6.1 INDICTMENTS AND CHARGE SHEETS 36
6.2 HOW IS THE ACCUSED INFORMED OF THE ALLEGATIONS AGAINST HIM? 38
6.3 HOW ARE ERRORS OR DEFECTS IN THE CHARGE SHEET CORRECTED? 39
6.4 HOW MANY OFFENCES MAY THE STATE ALLEGE AGAINST THE ACCUSED IN A
SINGLE INSTANCE? 40
6.5 MAY SEVERAL ACCUSED BE CHARGED TOGETHER? 40
6.6 MAY ADDITIONAL ACCUSED PERSONS AND CHARGES BE ADDED AT ANY STAGE
OF THE TRIAL? 41
SELF-ASSESSMENT 46
LEARNING UNIT 6.2: Arraignment and plea of the accused 47
6.1 ARRAIGNMENT OF THE ACCUSED 48
6.2 PLEA BARGAINING 49
6.3 PLEAS 49
6.4 EXCEPTIONS TO THE PRINCIPLE THAT THE ACCUSED IS ENTITLED TO A VERDICT
AFTER PLEADING 50
SELF-ASSESSMENT 53
LEARNING UNIT 7: The court and matters relating to trial 54
7.1 COMPOSITION OF THE COURT 56
7.2 IMPARTIALITY AND FAIRNESS OF PRESIDING JUDICIAL OFFICERS 57
7.3 PUBLIC TRIAL IN AN ORDINARY COURT 58
7.4 WITNESSES 58
7.5 PRINCIPLES UNDERLYING THE POSTPONEMENT OF A TRIAL 60
7.6 SPEEDY TRIAL 60
SELF-ASSESSMENT 62
LEARNING UNIT 8: The conduct of the trial 63
8.1 JOINDER AND SEPARATION OF TRIALS 64
8.2 TRIAL PRINCIPLES 65
8.3 CONCLUDING REMARKS 66
SELF-ASSESSMENT 70
LEARNING UNIT 9: The verdict and sentencing stage 71
9.1 INTRODUCTION 73
9.2 MUST THE ACCUSED BE INFORMED OF THE POSSIBILITY OF COMPETENT
VERDICTS? 73
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