CPR3701 ASSIGNMENT 1 SEMESTER 1 2023

CPR3701 ASSIGNMENT 1 SEMESTER % TRUSTED workings, explanations and solutions. For assistance call or us on . Criminal procedural rules a. cannot operate in isolation from the common-law and other constitutional rights such as the right to life, human dignity, privacy, bodily integrity, etc. b. determine the rights and duties of individuals and the state. c. can operate in isolation from the common-law and other constitutional rights. d. determine the prerequisites for criminal liability. e. are also termed substantive rules Clear my choice Question 2 Not yet answered Marked out of 1.00 Flag question Question text Substantive Law a. does not constitute branches of law such as public and private law. b. does not determine the elements of the offence allegedly committed. mines the rules of criminal procedure d. prescribes the elements that constitute, for example, the crime of fraud. e. determines the evidentiary procedure of criminal trials Clear my choice Question 3 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. Only a regional district court has the jurisdiction to decide the issue of the granting or denying leave to appeal to a High Court b. A regional court has the jurisdiction to adjudicate over an appeal or review from a district court c. A district court has the jurisdiction to try all crimes except treason. d. Only the High Court has the jurisdiction to decide the issue of the granting or denying leave to appeal to a High Court e. Both a regional and a district court have the jurisdiction to decide the issue of the granting or denying leave to appeal to a High Court Clear my choice Question 4 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. Lower courts have no jurisdiction to enquire into or rule on the constitutionality of any legislation or on any conduct of the President b. The Constitutional Court makes the final decision on whether a matter is within its jurisdiction c. The High Court has the jurisdiction to decide the constitutionality of any legislation or any conduct of the President d. A periodical court has the same jurisdiction as that of a district court e. The Supreme Court of Appeal is a court of first instance only Clear my choice Question 5 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT option from the following statements a. A regional court may try the crime of high reason. b. A regional court may not try the crimes of murder and rape c. A district court may try some serious offences against the state. d. A regional court may only try the crimes of murder and rape e. A district court may try the crime of murder Clear my choice Question 6 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT option from the following statements a. An offence committed by a South African citizen in Antarctica is justiciable in South Africa b. A South African court has no jurisdiction to hear a charge of theft committed in a foreign state c. In general, the courts of the Republic of South Africa only exercise jurisdiction in respect of offences committed on South African territory d. A hijacking committed on board a foreign aircraft is justiciable in South Africa if such aircraft lands in the Republic with the offender still on board e. An offence committed on board a South African aircraft is justiciable in South Africa. Clear my choice Question 7 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. The conviction of an accused automatically bars the complainant from instituting a civil action b. A complainant of theft may still institute civil proceedings even where the criminal court has ordered a convicted accused to pay compensation to the complainant or to return stolen property c. The fact that the victim has instituted a civil action to recover his losses cannot prevent the criminal justice system from taking its course and proceeding with a charge of theft d. The acquittal of an accused automatically bars the complainant from instituting a civil action e. In a civil case emanating from the same facts as a parallel criminal proceeding, the applicant must prove their case beyond a reasonable doubt Clear my choice Question 8 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. Where Legal Aid is provided for an accused by the State, the accused may exercise a choice on the identity of the legal representative b. In South Africa, an accused cannot as of right demand to be defended by an attorney or advocate c. In South Africa, an accused can, as of right, demand to be defended by an attorney or advocate d. The right to legal representation applies as of right in respect of certain offences only e. The right to legal representation is only confined to the accused, and does not extend to witnesses in any given circumstance Clear my choice Question 9 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. The test applied to determine ‘reasonableness’ is subjective b. The test applied to determine ‘reasonableness’ is not determined according to objective considerations c. Mere belief or suspicion of the existence of certain facts sufficiently qualifies such belief or suspicion as one based on ‘reasonable grounds’ d. A person will only be said to have ‘reasonable grounds’ to believe or suspect something or that certain action is necessary if they actually see it with their own eyes e. The word ‘grounds’, as it relates to the determination of ‘reasonableness’ refers to facts. Clear my choice Question 10 Not yet answered Marked out of 1.00 Flag question Question text The principle of legality a. requires laws to be clear and accessible b. is one of the pillars of the rule of law c. requires laws to be clear in appropriate circumstances only d. requires the state not to exercise power unless the law permits it to do so e. requires organs of state to obey the law 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 summons is ordinarily used in respect of a summary trial in a lower court b. An indictment may, in appropriate circumstances, be served on an accused for appearance in the regional court c. A child-accused cannot be issued with a summons to appear in court d. An indictment is only used for the accused’s appearance in the regional court e. A written notice to appear is issued by a prosecutor for appearance in the High 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. The object of arrest must be to bring an arrested person before the court, and not just to frighten or harass them b. It is always preferable that an arrest be executed only through a warrant c. A child-suspect may not be brought to court through written notice d. Wider powers are conferred in respect of the arrest of a person caught in the act of committing an offence than in the case of a person merely suspected of committing an offence e. A child-suspect may be brought to court through a summons Clear my choice Question 13 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. Arrest must be carried out in all circumstances where an offence has been committed b. A private person may not use force in effecting arrest c. A private person does not have the authority to arrest a suspect d. A bad motive for arrest does not make an otherwise lawful arrest, unlawful e. Arrest is only permissible if carried out through the authority of a warrant Clear my choice Question 14 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. A suspect has the right to remain silent, which includes the right not to furnish their name to the police upon request b. The need for special powers of interrogation arises only in special circumstances, such as when a person refuses to grant the police access to someone they wish to interrogate c. The only common-law offence in respect of which such a legal duty exists to provide information is murder d. The need for special powers of interrogation arises only in special circumstances, such as when the accused is in custody e. The need for special powers of interrogation does not exist under any circumstances Clear my choice Question 15 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. A police officer has the power to extract a blood sample b. A police officer may not ascertain any mark, characteristic or other distinguishing feature of the suspect c. A person’s handwriting is an extension of their bodily creation, and can therefore, be described as a bodily feature or characteristic d. Only the investigating officer, and not the court, has the power to order the taking of blood samples, fingerprints or the ascertainment e. Only a medical practitioner or district surgeon or registered nurse may extract a blood sample 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 murder c. There is no general legal duty on every person to furnish information regarding the commission of an offence to the police d. There is a legal duty on every arrestee to furnish their full name and address e. There is a general legal duty on every person to furnish information to the police regarding the commission of the crime of high treason Clear my choice Question 17 Not yet answered Marked out of 1.00 Flag question Question text Choose the CORRECT answer from the following statements a. An article which is concerned on probable grounds to be concerned in the commission or suspected commission of an offence may be seized by the state b. An article which may on reasonable grounds afford evidence of the commission or suspected commission of an offence only within the Republic may be seized by the state c. An article which is concerned in or is, on probable grounds intended to be used or on probable grounds believed to be intended to be used in the commission of an offence may be seized by the state d. All privileged documents are susceptible to seizure e. Only documents in respect of which privilege has been relinquished may be seized by the state Clear my choice Question 18 Not yet answered Marked out of 1.00 Flag question Question text A search warrant may be authorized a. only by a judge b. by the investigating officer c. only by a magistrate d. by a judge or a magistrate e. by the prosecutor 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. Only police officials are empowered to conduct searches and to seize objects with a warrant b. A copy of the warrant should, whenever possible be provided before the search and/or seizure c. Private persons are not empowered to conduct searches and to seize objects with a warrant d. Both private persons and police officials are empowered to conduct searches or to seize objects without a warrant e. Private persons are empowered to conduct searches and to seize objects with 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. 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 b. Release on police bail can only 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. Release on bail by a court can take place before an accused’s first appearance in a lower court 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 INCORRECT answer from the following statements a. Bail money must, at the conclusion of the case, be refunded only to the person who deposited the money in the first place b. Failure by the accused to attend criminal proceedings constitutes a punishable criminal offence c. The cancellation of bail may be effected by the court at the request of the accused d. A third party may pay bail money on behalf of the accused e. Where the accused fails to adhere to the bail conditions, the court can make summary finding to forfeit the accused’s bail to the state Clear my choice Question 22 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. The court may rely on the opinion of the investigating officer regarding the fact whether the accused will interfere with state witnesses b. The personal opinion of a director of public prosecutions may be considered by the court in its determination of bail c. Bail proceedings are essentially accusatorial in nature d. Bail proceedings are essentially inquisitorial in nature e. Hearsay evidence is received more readily in a bail application than in a trial Clear my choice Question 23 Not yet answered Marked out of 1.00 Flag question Question text Choose the INCORRECT answer from the following statements a. A summary trial in a lower court is commenced by lodging a charge sheet with the clerk of the court. b. In High Court proceedings an accused may be brought before the court through indictment. c. The service of a summons upon an accused must take place at least 14 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 the case of written notice or arrest, the accused may be required to appear in court upon very short notice 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 84(1) of the CPA specifically requires some elements of the offence to be mentioned in the charge b. Section 88 of the CPA requires a defect in the charge to be cured by the court. c. 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 d. Section 88 of the CPA requires a defect in the charge to be cured by evidence 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. A joinder of accused may only take place after the trial has commenced b. No additional charges can be joined after questioning of the accused has commenced. c. 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. d. 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 e. A joinder of accused may not take place after the trial has commenced.