CPR3701 MCQ Questions WITH Answers 2023

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. True 5. Co-accused are ordered numerically. True 6. The prosecution decides the numerical order of co-accused at a trial. True 7. The court can of its own accord raise the issue of separation. True 8. The principle of legality is constitutionally entrenched. True 9. The principle of equality of arms is founded on equal opportunities being available to both the state and the defence to prove their respective cases. True 10. The merits of a case are the cardinal point of the court’s considerations when determining whether to convict or acquit. True 11. Where required, the entire judgment of the court must be translated into a language that the accused understands. True 12. In cases where the charge pertains to multiple acts or omissions, the court must deliver judgment separately on each individual charge. False 13. Some sentences do not constitute punishments. lOMoARcPSD| True 14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles of sentencing. True 15. Imprisonment, committal to a treatment centre, a fine and correctional supervision are the only sentences that can be imposed by a court. False 16. Periodical imprisonment is a form of short-term imprisonment and is also informally known as “weekend imprisonment”. True 17. The Constitution secures a general right of review. True 18. Fairness no longer entails enquiring whether there was a failure of justice, but whether the trial was fair. True 19. Review is more appropriate than appeal in cases where the accused is dissatisfied with the procedures during the trial. True 20. There is a general right of appeal in South Africa. True 21. The right of appeal is justifiably limited by section 36 of the Constitution. True 22. A person can appeal against the sentence imposed or the conviction – not both. False 23. The Constitution empowers the President to pardon or reprieve offenders in certain circumstances. True 24. The President is empowered to remit any fine, penalty or forfeiture within the confines of the Constitution. True 25. The Department of Justice and Constitutional Development has the sole responsibility to expunge records on application by the accused. True Side note: questions 1-25 can be found in tutorial letter 101/201 2018 S1 for any references Downloaded by Thomas Mboya () lOMoARcPSD| 26. The notion of “open justice” establishes a protective function in respect of the fairtrial rights of the accused. True 27. Open justice can be limited in cases where the accused is in danger of being exposed as a state informant. True 28. The accused can testify by way of closed-circuit television in cases where an open trial may cause him or her emotional or physical harm. True 29. Witnesses are protected in cases of sexual assault and extortion by way of the court’s discretion to “close the court”. True 30. Irrespective of the charge, if a matter relates to an adult accused and complainant, the court cannot exclude the public from the trial in the interests of justice. False 31. The court, the prosecutor and the accused all have the power to subpoena witnesses. True 32. The advantage of a joint trial is that it saves the state resources and time. True 33. Joinder is permissive and not imperative. True 34. The decision to separate a trial is at the discretion of the presiding officer. True 35. Cross-examination of a witness by the court is permissible within the bounds of reasonableness. False 36. The principle of equality of arms can be related to the competence of both the prosecutor and the representative for the defence. True 37. An ex tempore judgment does not infringe on the right of the accused to a speedy trial. True 38. An improper delay in delivering judgment undermines public confidence in the judicial system. True lOMoARcPSD| 39. Community service as a condition of a suspended sentence is not considered a punishment. False 40. Most statutory offences are enacted with an attendant penalty clause. True 41. Tradition seems to indicate that the state and the accused must supply the information required by the court during trial on sentencing. True 42. Compensation and restitution are forms of restorative sentences. True 43. Review is not solely the domain of the CPA. True 44. The Superior Courts Act does not provide for review in criminal proceedings. False 45. Judicial review has a common-law origin. True 46. Any conviction, sentence or order of a lower court, and even a discharge after conviction, are subject to leave to appeal. True 47. An appeal on the facts relates to the merits of the matter in the trial court. True 48. If the appellant files a notice of appeal after the prescribed period, he or she can apply for condonation, although the court is not obliged to grant it. True 49. Expungement takes place in one of three ways: automatically, on application or when a certain period has lapsed. True Side note: questions 26-49 can be found in tutorial letter 101/201 2018 S2 for any references 50. The Constitution entrenches the right to a public trial. True 51. The right to a public trial can be validly limited where necessary. True 52. In terms of the CJA, open justice is generally limited. Downloaded by Thomas Mboya () lOMoARcPSD| True 53. Open justice can be limited when the complainant is under the age of 18 years. True 54. In principle, an accused is entitled to access exculpatory documents in the docket. True 55. Where an accused is charged with a common law offence, the only requirement is that it be named in order for the charge sheet to be valid. False 56. Sections 86 and 88 of the CPA make provision for the same action in respect of the correction of a defect in the charge sheet. False 57. Provided that the accused is not prejudiced, section 86 can be used to replace a charge with another in the same matter. False 58. Circuit courts deviate jurisdictionally from the fixed division or seat of court. False 59. A child justice court is any court established in terms of the Children’s Act 38 of 2005. False 60. A child justice court can simultaneously serve as a children’s court where a child accused is affected by social or welfare issues. False 61. During arraignment of an accused, assessors take an oath to deliver a true judgment based on the merits of the case. False 62. Where the plea of an accused is ambiguous, the court must enter a plea of not guilty and question the accused in terms of section 115 of the CPA. True 63. Truth and public benefit constitute a valid plea in terms of section 106 of the CPA. False 64. An accused cannot object to the information in a charge sheet or indictment, but can object to the fact that such charge sheet or indictment discloses insufficient detail. False 65. In traditional plea bargaining, the parties bind the court to a certain sentence in return for a guilty plea. False Downloaded by Thomas Mboya () lOMoARcPSD| 66. A charge sheet (or indictment) does not necessarily have to disclose an offence in order to be valid. True 67. An indictment must be served on the accused at most 14 days before the trial. False 68. It is mandatory for the prosecution to attach a list of witnesses to the charge sheet. False 69. The prosecution cannot deviate from the information in a charge sheet or indictment. False 70. Any number of participants in the same offence may be tried jointly. True 71. Any number of accessories after the same fact may be tried jointly. True 72. Refusal to join is not in itself an irregularity. True 73. Section 115 of the CPA allows the accused to plead not guilty but to admit to certain elements of the offence. True 74. Statutory plea bargaining can only take place where the accused is represented. True 75. A child offender cannot enter into a statutory or traditional plea bargain. False 76. Diversion is a form of plea bargaining. False 77. It is not necessary for the court to question an accused who has pleaded guilty in terms of section 112 of the CPA. False 78. A child offender can plead guilty at the preliminary-inquiry stage in terms of section 112 of the CJA. False 79. Section 115 of the CPA can be used to alter a plea of guilty to one of not guilty where, during the arraignment phases, the court finds that the accused has a defence. False 80. After pleading, the accused is entitled, without exception, to a verdict. False 81. Sections 77 to 79 of the CPA apply to child offenders. True 82. A court will, in principle, grant a postponement to allow the accused an opportunity to find work in order to pay for legal representation. False 83. There are limitations to the length of time for which a child justice proceeding can be postponed. True 84. A fair trial includes the right to a speedy trial. Downloaded by Thomas Mboya () lOMoARcPSD| True 85. Section 336 of the CPA provides that, where an act constitutes an offence under a statutory and a common law provision, the accused can be convicted and sentenced under either the statutory or common law provision. True 86. There is no consensus on the part of South African courts as to whether the conduct of a perpetrator that occurs over a long period of time should form the subject of a single conviction or multiple convictions. True 87. A court can order the removal of a trial from one venue to another venue if the court deems it necessary or expedient. True 88. In a division of the high court, the presiding judge has discretion to sit with or without assessors. True Side note: questions 50-88 can be found in tutorial letter 101/201 2017 S1/assignment 1 for any references 89. A court of appeal can only interfere with the sentence of a lower court where that court (the lower court) failed to exercise its discretion judicially in a proper and reasonable manner. True 90. An appeal court is ordinarily loath to interfere with the findings of a trial court on questions of fact. True 91. If an appellant who has noted and prosecuted his or her appeal fails to appear, the court may summarily dismiss the appeal as a consequence of non-appearance. True 92. A court of appeal can hold an inspection in loco. True 93. For purposes of appeal, it is important to have a reliable record of the proceedings of the trial court. True 94. A division of the high court has jurisdiction over all persons who reside or are present within its area of jurisdiction, and it has the power to hear and determine appeals from all lower courts within its area of jurisdiction and to review the proceedings of all such courts. Downloaded by Thomas Mboya () lOMoARcPSD| True 95. A fugitive convicted person may not appeal. True 96. Where the grounds of appeal contain several issues and conflicts of fact, it is important for the magistrate to know what the issues are in order for him or her to deal with them in the reasons for judgment. True 97. Where an appeal is not noted within the time periods indicated by the Criminal Procedure Act and the Magistrates’ Courts Act, the court can condone the lateness and allow the appeal to proceed. True 98. An appeal brought under section 327 (CPA) must be disposed of by a division of the high court with appeal jurisdiction after each party is afforded the opportunity to present oral argument in open court. False 99. The prosecution, in line with the English approach, may prosecute an appeal on the facts. False 100. The Constitution empowers the President to pardon or reprieve offenders. True 101. During the opening of the State’s case, before any evidence is led, the prosecutor is entitled to address the court for the purpose of explaining the charge and indicating the evidence intended to be adduced for the prosecution. True 102. In the case of an adult offender, it is possible for his or her record to be expunged automatically, on application or after a fixed period. True 103. In the case of a child offender, his or her record is expunged automatically at the age of 18. Downloaded by Thomas Mboya () lOMoARcPSD| False 104. When an accused person challenges the correctness of his/her conviction and/or sentence by a lower court, the correct procedure to be followed is that of review. False 105. In order to reconstruct a lost record, the recalling of witnesses who gave evidence during the trial would be irregular. True 106. When a review judge directs a query to the magistrate who presided over the criminal case under review, the latter may at any time when it suits him/her and in any manner respond to such a query. False 107. All courts have the power to exclude improperly obtained evidence and this power does not fall exclusively within the jurisdiction of courts of review and appeal. True 108. If the magistrate, in a procedurally correct manner, performs his/her functions in a proper and regular way but comes to a wrong conclusion on the merits, no application may be made to the court of appeal before conviction. True 109. A question of law arises only when the facts upon which the trial court based its judgment could have a legal consequence other than that which the trial court found. Accordingly, whether the trial court’s factual findings are right or wrong is the only relevant factor in order to determine whether the court erred in law. False 110. A third party who has an interest in a verdict of guilty or in a subsequent order has no locus standi in iudicio to appeal. True 111. Leave to appeal is not required where the convicted person was, at the time of the commission of the offence, at least 14 years of age but below the age of 21 years, was not assisted by a legal representative at the time of conviction in a regional court, and was sentenced to any form of imprisonment as contemplated in section 276(1) that was not wholly suspended. Downloaded by Thomas Mboya () lOMoARcPSD| False 112. Before any evidence is led, the prosecutor is entitled to address the court for the purpose of explaining the charge and opening the evidence intended to be adduced for the prosecution, but without comment thereon. True 113. In a criminal trial, an accused may decide to present his/her evidence either viva voce or by means of a written statement. True Side note: questions 89-113 can be found in tutorial letter 101/201 2017 S1 assignment 3 for any references 114. Where a charge is defective for want of an averment which is an essential ingredient of the relevant offence, the defect can be cured by evidence at the trial proving the matter which should have been averred. True 115. Section 86 makes provision for amendment of the charge and requires that the proposed amendment must differ to such an extent from the original charge that it is in essence another charge. False 116. When the accused is called upon to plead to a charge and it appears uncertain whether he or she is capable of understanding the proceedings at the trial so as to be able to make a proper defence, an enquiry into his or her mental state must be made by the court, with the assistance of a general medical practitioner. False 117. Where an accused at a summary trial pleads not guilty, the presiding officer must inform the accused that he or she is not obliged to answer any questions. True 118. An accused, or his or her counsel on behalf of the accused, may admit any fact placed in issue. True 119. Open justice can be limited where a witness is in danger of being exposed as a state informant. Downloaded by Thomas Mboya () lOMoARcPSD| True 120. The notion of open justice establishes a protective function in respect of the fair-trial rights of the accused. True 121. In general, the accused is entitled to access exculpatory documentation in the docket. True 122. Where the legal adviser replies in writing or orally to any question by the court in terms of section 115(3), the accused must also confirm this, but the court may not require the accused to answer the questions personally. True 123. At the trial in the regional court of an accused on a charge of murder, the judicial officer must summon two assessors to assist him or her, unless the accused requests that the trial proceed without assessors. True 124. Section 112 can be used when an accused pleads guilty to a serious or less serious offence. True 125. It is possible for the accused to issue a written statement in terms of section 112. True 126. Only the accused person appears in the dock. True 127. Where persons are jointly charged, the mere possibility of prejudice is not sufficient to justify an order for separation of trials in such a case. True 128. Persons charged with separate offences alleged to have been committed at the same time and place, or at the same place and about the same time, may be tried jointly where the prosecutor informs the court that evidence admissible at the trial of one person will also be admissible as evidence at the trial of another person or persons. Downloaded by Thomas Mboya () lOMoARcPSD| True 129. If the accused’s refusal to plead is accompanied by such improper behaviour that it obstructs the conduct of the proceedings of the court, the court may order his or her removal and direct that the trial proceed in his or her absence. True 130. When the accused is called upon to plead to a charge, and it appears uncertain whether he or she is capable of understanding the proceedings at trial so as to be able to put forward a proper defence, an enquiry into his or her mental state should be made. True 131. Statutory plea bargaining in terms of section 105A of the Criminal Procedure Act means that the prosecutor can now reach an agreement with the defence on the sentence to be imposed. True 132. The indictment must be served on the accused in accordance with the rules of court. Service is complete the moment that the indictment is posted to the accused and received by him or her. False 133. A charge sheet containing the following averments complies with all necessary requirements in terms of section 84(1) of the Criminal Procedure Act 51 of 1977: “That the accused is guilty of unlawfully and intentionally killing Joey Smith, an adult female on the 21st of January 2001 at Groenkloof in the district of Pretoria.” True 134. Where an accused is convicted of both driving under the influence of liquor and reckless driving, and both counts are based on the same facts, this would not constitute an incorrect duplication of convictions. False 135. If assessors abscond during the trial without good reason and the magistrate continues with the trial without them, this amounts to a fatal irregularity which vitiates the proceedings. True Downloaded by Thomas Mboya () lOMoARcPSD| 136. Generally, where an accused is caught selling dagga, he or she may be convicted only of selling and not also of possession of the rest of the unsold dagga. True 137. The court must enter a plea of not guilty if the accused refuses to plead or answer directly to the charge. True 138. If the totality of the accused’s criminal conduct can be accommodated in one single charge, the accused may not be convicted on multiple charges. True 139. An accused can now be found guilty even though the indictment does not disclose an offence, as long as the evidence proves the offence. True 140. Section 86 of the Criminal Procedure Act makes provision for amendment of the charge and not for its replacement by an altogether new charge. True 141. The rule against the splitting of charges has in fact always been directed at the duplication of convictions and was designed to apply in the field of punishment. True 142. Where an accused is charged with both rape and incest arising from the same act of intercourse, he will be convicted of both. False 143. If an assault is committed pursuant to or in the course of an attempt to escape, the accused should be convicted of one of these offences only. True 144. The prosecution or the accused may apply for the recusal of an assessor. True 145. Threatening a judicial officer will materially affect his or her impartiality, and his or her refusal to recuse himself or herself on this ground is therefore irregular. Downloaded by Thomas Mboya () lOMoARcPSD| False 146. An accused may plead truth and public benefit where the charge is one of criminal defamation. True 147. It is regular for a court to put questions directly to an accused who is represented. False 148. The right to silence has been greatly and negatively affected by the introduction of the “plea explanation” procedure at arraignment in terms of section 115 of the CPA. False 149. In the case of traditional plea bargaining, the prosecutor and the defence cannot bind the court to a sentence. However, the prosecutor may agree to suggest a possible lighter sentence to the court. True 150. After the accused has brought an application for a separation of trials, a proper refusal to order a separation of trials will amount to an infringement of the accused’s right to a fair trial. False 151. An accused may be joined with any other accused in the same criminal proceedings at any time before any evidence has been led in respect of the charge in question. True 152. The general principle is that the conducting of criminal trials should take place in open court and in the presence of the accused. False Side note: questions 114-152 can be found in tutorial letter 101/201 2017 S2 assignment 1 for any references 153. A criminal trial commences once an accused has pleaded in a court which has the required jurisdiction to hear evidence. True 154. The phrase “in the course of a criminal trial” refers to all procedures which may or Downloaded by Thomas Mboya () lOMoARcPSD| must be followed from the time the accused has pleaded until a verdict on the merits. True 155. A criminal trial can be broadly described as a state-sponsored, public, judicial and primarily oral hearing. True 156. The seven fundamental principles which govern a criminal trial are trial fairness, legality, judicial impartiality, equality of arms, judicial control, orality and finality. True 157. At the end of a criminal trial, the court must consider and deliver its verdict based on the state’s ability to satisfy its burden of proof. False 158. An extempore judgment is one in which the court postpones its judgment owing to the complexity of the merits. False 159. It is generally impossible for the accused to be convicted on another charge where the prosecutor manages to prove the elements of that crime as opposed to the crime as charged at the trial. False 160. In cases where the accused is not legally represented, the court will be slow to conclude that the absence of a warning concerning the applicability of competent verdicts renders the trial unfair. False 161. A sentence is any measure applied by a court to the person convicted of a crime and which finalises the case, except where specific provision is made for reconsideration of that measure. True 162. All penalty clauses providing for the imposition of a fine must be read together with Act 105 of 1997. False Downloaded by Thomas Mboya () lOMoARcPSD| 163. In practice, after conviction, the accused indicates his or her previous convictions. False 164. Tradition dictates that the accused provides the information required by the court during the trial for the purpose of sentencing. False 165. The law is a precise instrument and therefore any consideration of what is deemed cruel, inhumane and degrading conduct is based on the certainty of doctrinal law. False 166. Declaration as a dangerous criminal is a sui generis sentence which negates the traditional jurisdiction of the district court. False 167. A habitual criminal is one considered by society to be potentially harmful. False 168. Periodical imprisonment is a form of imprisonment where the convict serves periods of his or her sentence on an outpatient basis at a psychiatric institute. False 169. An accused who is dissatisfied with the decision of a lower court on fact or law may bring the matter before a division of a higher court by way of appeal or review. True 170. Judicial review is a process which allows a court to set aside a statute or provision on the grounds of unconstitutionality. True 171. No right, whether entrenched or not, is absolute. True 172. Constitutional matters include issues of interpretation, protection or enforcement of the Constitution. True Downloaded by Thomas Mboya () lOMoARcPSD| 173. The criteria for an acceptable limitation of rights are prescribed by section 39 of the Constitution. False 174. If an adult accused wishes to appeal the decision of a lower court, no leave to appeal is required. False 175. When it is alleged in a lower court that a law is constitutionally invalid, the decision as to invalidity rests with the lower court, subject to review by a higher court on the basis of section 171 of the Magistrates’ Courts Act. False 176. Owing to the supreme nature of the Constitution, direct access to the Constitutional Court is permitted regarding any issue relating to a procedural irregularity. False 177. It is a general rule that there is no appeal before conviction. True Side note: questions 153-177 can be found in tutorial letter 101/201 2017 S2 assignment 3 for any references 178. Provided that the accused is not prejudiced, section 86 can be used to replace a charge with another in the same matter. False – assignment 1 s1 2017 – q2 179. 180. 181. During arraignment of an accused, assessors take an oath to deliver a true judgment based on the merits of the case. False - assignment 1 s1 2017 – q3 182. Where the plea of an accused is ambiguous, the court must enter a plea of not guilty and question the accused in terms of section 115 of the CPA. True - assignment 1 s1 2017 – q4 183. Refusal to join is not in itself an irregularity. True - assignment 1 s1 2017 – q6 184. Statutory plea bargaining can only