FOR1501
EXAM PACK
2023
QUESTIONS WITH
ANSWERS
Email:
, FOR1501/201/3/2021
ASSIGNMENT 03 DUE DATE: 31 JULY 2021
TOTAL: 60 MARKS
Semester 1 unique number: 671519
Semester 2 unique number: 683964
The recommended answers to the questions for Assignment 03 are set out below. Please
compare your answer to the recommended answers carefully.
Question 1
Indicate whether each statement is true or false.
1.1 A "peace officer" includes any magistrate, any justice, any police official, any correctional official
and any person who is a peace officer under section 334 of the Criminal Procedure Act(CPA).
(1)
Answer: True
1.2 Private investigator may include auditors, accountants, attorneys, advocates or forensic
scientists.
(1)
Answer: False
1.3 Statutory investigators may include South African Reserve Bank investigators, Customs and
Excise investigators and South African Post Office investigators.
(1)
Answer: True
4
, FOR1501/201/3/2021
1.4 The mandate that authorises the investigator to proceed with a specific investigation may not
fall within the parameters of the Constitution of the Republic of South Africa, 1996.
(1)
Answer: False
1.5 Examples of private investigation practices that are illegal or unethical include the searching
of private premises without the owner's consent and effecting an illegal arrest.
(1)
Answer: True
1.6 Section 42 of the Criminal Procedure Act authorises a private person to arrest, without a
warrant, any person who commits an offence.
(1)
Answer: True
1.7 The primary reason for the investigator's involvement in the judicial process concerns the
presentation of the information gathered.
(1)
Answer: True
1.8 Identification is a theory that explains that all things in the universe are the same because
they have certain related characteristics.
(1)
Answer: False
1.9 Direct sources of information may include persons involved in the events, but not present
when they occurred.
(1)
Answer: True
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, FOR1501/201/3/2021
1.10 Once a suspect has been charged, that person is referred to as a “complainant”.
(1)
Answer: False
[10]
Question 2
According to section 35(1) of the Constitution, everyone who is arrested for allegedly committing
an offence has certain rights. What are these rights?
[10]
Answer: Section 35 of the Constitution provides the following:
"35(1) Everyone who is arrested for allegedly committing an offence has the right –
(a) to remain silent;
(b) to be informed promptly –
(i) of the right to remain silent; and
(ii) of the consequences of not remaining silent;
(c) not to be compelled to make any confession or admission that could be used in
evidence against that person;
(d) to be brought before a court as soon as reasonably possible, but not later than
(i) 48 hours after the arrest; or
(ii) the end of the first court day after the expiry of the 48 hours, if the 48 hours expire
outside ordinary court hours or on a day which is not an ordinary court day;
(e) at the first court appearance after being arrested, to be charged or be informed of the
reason for the detention to continue, or to be released; and
(f) to be released from detention if the interests of justice permit subject to reasonable
conditions.”
6
EXAM PACK
2023
QUESTIONS WITH
ANSWERS
Email:
, FOR1501/201/3/2021
ASSIGNMENT 03 DUE DATE: 31 JULY 2021
TOTAL: 60 MARKS
Semester 1 unique number: 671519
Semester 2 unique number: 683964
The recommended answers to the questions for Assignment 03 are set out below. Please
compare your answer to the recommended answers carefully.
Question 1
Indicate whether each statement is true or false.
1.1 A "peace officer" includes any magistrate, any justice, any police official, any correctional official
and any person who is a peace officer under section 334 of the Criminal Procedure Act(CPA).
(1)
Answer: True
1.2 Private investigator may include auditors, accountants, attorneys, advocates or forensic
scientists.
(1)
Answer: False
1.3 Statutory investigators may include South African Reserve Bank investigators, Customs and
Excise investigators and South African Post Office investigators.
(1)
Answer: True
4
, FOR1501/201/3/2021
1.4 The mandate that authorises the investigator to proceed with a specific investigation may not
fall within the parameters of the Constitution of the Republic of South Africa, 1996.
(1)
Answer: False
1.5 Examples of private investigation practices that are illegal or unethical include the searching
of private premises without the owner's consent and effecting an illegal arrest.
(1)
Answer: True
1.6 Section 42 of the Criminal Procedure Act authorises a private person to arrest, without a
warrant, any person who commits an offence.
(1)
Answer: True
1.7 The primary reason for the investigator's involvement in the judicial process concerns the
presentation of the information gathered.
(1)
Answer: True
1.8 Identification is a theory that explains that all things in the universe are the same because
they have certain related characteristics.
(1)
Answer: False
1.9 Direct sources of information may include persons involved in the events, but not present
when they occurred.
(1)
Answer: True
5
, FOR1501/201/3/2021
1.10 Once a suspect has been charged, that person is referred to as a “complainant”.
(1)
Answer: False
[10]
Question 2
According to section 35(1) of the Constitution, everyone who is arrested for allegedly committing
an offence has certain rights. What are these rights?
[10]
Answer: Section 35 of the Constitution provides the following:
"35(1) Everyone who is arrested for allegedly committing an offence has the right –
(a) to remain silent;
(b) to be informed promptly –
(i) of the right to remain silent; and
(ii) of the consequences of not remaining silent;
(c) not to be compelled to make any confession or admission that could be used in
evidence against that person;
(d) to be brought before a court as soon as reasonably possible, but not later than
(i) 48 hours after the arrest; or
(ii) the end of the first court day after the expiry of the 48 hours, if the 48 hours expire
outside ordinary court hours or on a day which is not an ordinary court day;
(e) at the first court appearance after being arrested, to be charged or be informed of the
reason for the detention to continue, or to be released; and
(f) to be released from detention if the interests of justice permit subject to reasonable
conditions.”
6
