CPR3701 Assignment 1 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED

Well-structured CPR3701 Assignment 1 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!).... Question 1 Complete Mark 1.00 out of 1.00 Question 2 Complete Mark 1.00 out of 1.00 QUIZ Choose the CORRECT option from the following statements: a. The regional court has appeal and review jurisdiction in respect of criminal proceedings emanating from the districtcourt. b. Only the Constitutional Court has the jurisdiction to decide the constitutionality of any legislation or any conduct ofthe President. c. An appeal from a lower court can only be adjudicated upon by a single judge. d. An appeal may be adjudicated upon by either two or three judges. e. A regional court magistrate may adjudicate over an appeal. Choose the INCORRECT answer from the following statements: a. A summons is prepared by the prosecutor, and issued by the clerk of the court. b. A written notice to appear is prepared, issued and handed directly to the accused by a prosecutor. c. A written notice to appear always offers the accused the option of paying a set admission of guilt fi ne in order toavoid a court appearance. d. A child-accused may be issued with a written notice to appear in respect of a preliminary inquiry (in the presence ofa parent or guardian?). e. An Indictment is used for the accused's appearance in the high court. out of 100.00 Sunday, 11 August 2024, 12:06 AM Sunday, 11 August 2024, 14:14 PM 25.00/25.00 Grade 100.00 Question 3 Complete Mark 1.00 out of 1.00 Question 4 Complete Mark 1.00 out of 1.00 Question 5 Complete Mark 1.00 out of 1.00 Choose the INCORRECT answer from the following statements: a. A police offi cer may ascertain any mark, characteristic or other distinguishing feature of the suspect. b. A police offi cer does not have the power to take a blood sample. c. Only medical practitioner or district surgeon or registered nurse may extract a blood sample. d. None of the options is correct. e. A person's handwriting is the creation of a learned ability and cannot be described as a bodily feature orcharacteristic. Choose the CORRECT answer from the following statements: a. A search and seizure should always be conducted only in terms of a search warrant. b. A search warrant may only be issued by a prosecutor in chambers. c. The provisions governing the issue of search warrants require that the judicial offi cer must himself or herself decidewhether or not there are exceptional circumstances for the search. d. Before issuing a search warrant the judicial offi cer must decide whether the article that will be searched for is onewhich may be seized in terms of s 25. e. Before issuing a search warrant the judicial offi cer must decide whether the article that will be searched for is onewhich may be seized in terms of s 20. Choose the CORRECT answer from the following statements: a. The word grounds, as it relates to the determination of reasonableness refers to mere perceptions. b. A person will only be said to have reasonable grounds to believe or suspect something, or that certain action isnecessary if they actually see it with their own eyes. c. Mere belief or suspicion of the existence of certain facts suffi ciently qualifi es such belief or suspicion as one basedon reasonable grounds. d. The test applied to determine reasonableness is objective. e. The word grounds means that one must look at the facts as one may think that they are. Question 6 Complete Mark 1.00 out of 1.00 Question 7 Complete Mark 1.00 out of 1.00 Question 8 Complete Mark 1.00 out of 1.00 Choose the CORRECT answer from the following statements: a. In High Court proceedings an accused may be brought before the court through a charge sheet. b. A summary trial in a lower court is commenced by lodging an indictment with the clerk of the court. c. In the case of written notice or arrest, the accused may be required to appear in court upon very short notice. d. The service of a summons upon an accused must take place at least 7 working days before the day of trial. e. A charge sheet is generally prepared by the court. Choose the CORRECT answer from the following statements: a. Arrest may only executed through a warrant. b. Wider powers of arrest are conferred in respect of a person who is caught in fl agrante delicto than one merelysuspected of committing an offence. c. A child-suspect may not be brought to court through written notice. d. A child-suspect may not be brought to court through a summons. e. Arrest remains lawful even if the arrestor's professed claim is to bring the arrested person before court, but the realintention is to frighten or harass the arrestee, so as to induce him or her to act in a way desired by the arrester,without the arrestee necessarily appearing in court. Choose the INCORRECT answer from the following statements: a. An article which is on reasonable grounds, believed to be concerned in the commission or suspected commission ofan offence may be seized by the state. b. An article which may afford evidence of the commission or suspected commission of an offence may be seized bythe state. c. An article which is on reasonable grounds intended to be used in the commission of an offence may be seized by thestate. d. Only a legal representative may relinquish privilege. e. A document under legal professional privilege may not be handed in to the court without the consent of the client. Question 9 Complete Mark 0.00 out of 1.00 Question 10 Complete Mark 1.00 out of 1.00 Question 11 Complete Mark 1.00 out of 1.00 Choose the INCORRECT option from the following statements: a. A district court may try serious offences against the state. b. A district court may not try the crime of rape. c. A regional court may try all crimes, including high treason. d. A regional court may try the crimes of murder and rape. e. A regional court may not try the crime of high reason. Choose the INCORRECT answer from the following statements. The principle of legality: a. is one of the pillars of the rule of law. b. requires organs of state to obey the law. c. requires the state not to exercise power unless the law permits it to do so. d. requires laws to be clear and accessible. e. is not applicable to substantive and procedural criminal law. Choose the INCORRECT answer from the following statements: a. In South Africa, legal representation is a Constitutionally-entrenched right. b. In South Africa, an accused can, as of right, demand to be defended by an attorney or advocate. c. The right to legal representation may be extended to witnesses, in appropriate instances. d. Where Legal Aid is provided for an accused by the State, the accused does not have any choice on the identity of thelegal representative. e. In South Africa, legal representation is not a Constitutionally-entrenched right. Question 12 Complete Mark 1.00 out of 1.00 Question 13 Complete Mark 1.00 out of 1.00 Question 14 Complete Mark 1.00 out of 1.00 Choose the CORRECT answer from the following statements: a. Section 84(1) of the Criminal Procedure Act specifi cally requires that all the elements of the offence should bementioned in the charge. b. Section 88 of the Criminal Procedure Act 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 license, the fact that the accused didnot possess a license does not constitute a substantial element of the relevant offence. d. Section 88 of the Criminal Procedure Act authorises replacement of one offence with another offence proved byevidence. e. A defect in the charge sheet can be cured by the mere invocation of statutory provisions and presumptions. Choose the INCORRECT answer from the following statements: a. An accused is entitled to apply for bail in court during their fi rst appearance. b. A bail application in respect a Schedule 6 offence must be considered by a magistrates court. c. An application for bail on new facts must always be brought before the court hearing the appeal for refusal of bail. d. Release on police bail can only take place before an accused's fi rst appearance in a lower court. e. Prosecutorial bail can only take place before an accused's fi rst appearance in a lower court. Choose the CORRECT answer from the following statements. The right to legal representation: a. is only applicable in court proceedings, and not in pre-trial proceedings. b. must be explained to a detainee from the fi rst moment of arrest. c. must be only be explained to an accused by the court during court proceedings. d. need not be explained to a detainee during any other stage of the investigation. e. is not applicable to suspects. Question 15 Complete Mark 1.00 out of 1.00 Question 16 Complete Mark 1.00 out of 1.00 Question 17 Complete Mark 1.00 out of 1.00 Choose the CORRECT option from the following statement: a. A court cannot review prosecutorial discretion on any ground. b. A prosecution may be deemed wrongful where it is instituted for an improper purpose. c. A court cannot interfere with prosecutorial discretion, even where the prosecuting authority exceeds its powers. d. The prosecuting authority’s decision to decline to prosecute can be reviewed on constitutional grounds. e. The prosecuting authority’s decision to decline to prosecute cannot be reviewed on constitutional grounds. Choose the CORRECT answer from the following statements: a. In general the police do not need special powers of interrogation. b. The need for special powers of interrogation arises only in special circumstances, such as when the accused is incustody. c. The only common-law offence in respect of which such a legal duty exists to provide information is murder. d. A suspect has the right to remain silent, which includes the right not to furnish their name to the police upon request. e. There is a general legal duty on persons to furnish information that they may have concerning the commission of anoffence to the police. Choose the CORRECT option from the following statements: a. A South African court has no jurisdiction to hear a charge of theft committed in a foreign state. b. An offence committed by a South African citizen in Antarctica is justiciable in Pretoria. c. An offence committed on board a South African aircraft is only justiciable in the country where the aircraftsubsequently lands. d. A hijacking committed on board a foreign aircraft is justiciable in South Africa if such aircraft lands in the Republicwith the offender still on board. e. In general, the courts of the Republic of South Africa can exercise jurisdiction in respect of offences committed inforeign territory. Question 18 Complete Mark 1.00 out of 1.00 Question 19 Complete Mark 0.00 out of 1.00 Question 20 Complete Mark 0.00 out of 1.00 Choose the CORRECT answer from the following statements: a. The punitive model of victim's rights is less concerned with the traditional criminal sanctions. b. The punitive model puts emphasis on the prevention of crime and restorative justice. c. The process of restorative justice essentially stresses the invocation of formal criminal sanctions. d. Only the in-put of the investigating offi cer and the probation is required to secure restorative justice. e. The process of restorative justice involves a process that seeks to avoid the invocation of the formal criminalsanctions. Choose the INCORRECT answer from the following statements. Criminal procedure does not regulate: a. the duties and powers of the criminal courts. b. the processes of appeal and review. c. the rights of suspects and arrested and accused persons. d. executive action such as mercy and free pardon. e. none of the options is correct. Choose the CORRECT answer from the following statements: a. Arrest is only authorized in exceptional circumstances. b. Arrest is only permissible if carried out through the authority of a warrant. c. A bad motive for arrest makes an otherwise lawful arrest, unlawful. d. A private person does not have the authority to arrest a suspect. e. A private person may not use force in effecting arrest. Question 21 Complete Mark 1.00 out of 1.00 Question 22 Complete Mark 1.00 out of 1.00 Question 23 Complete Mark 0.00 out of 1.00 Choose the INCORRECT option from the following statements: a. The Constitutional Court makes the fi nal decision on whether a matter is within its jurisdiction. b. The Supreme Court of Appeal is a court of appeal only, and not a court of fi rst instance. c. The High Court has the jurisdiction to decide the constitutionality of any legislation or any conduct of the President. d. Lower courts do not have the jurisdiction to enquire into or rule on the constitutionality of any legislation, or on anyconduct of the President. e. In general, a periodical court has the same jurisdiction as a high court. Choose the INCORRECT answer from the following statements: a. A third party may pay bail money on behalf of the accused. b. Bail money must, at the conclusion of the case, be refunded only to the accused. c. The cancellation of bail may be affected by the court at the request of the accused. d. Failure by the accused to attend criminal proceedings constitutes a punishable criminal offence. e. Where the accused fails to adhere to the bail conditions, the court can only forfeit the accused's bail to the stateafter hearing evidence from the accused and the prosecutor. Choose the INCORRECT answer from the following statements: a. The taking of fi ngerprints may, in some instances, be regarded as inhuman or degrading treatment. b. The taking of fi ngerprints is not the same as the taking of a photograph, and in fact, violates individual physicalintegrity. c. In terms of s 37, the fi ngerprints taken from an accused kept in the police data base for future use and reference. d. A medical examination may not be conducted on a minor without the permission of his or her parents or guardianunder any circumstances. e. All the options are correct. Question 24 Complete Mark 1.00 out of 1.00 Question 25 Complete Mark 1.00 out of 1.00 Choose the CORRECT answer from the following statements: a. Police offi cials are only empowered to conduct searches and to seize objects with a warrant. b. Private persons are empowered to conduct searches and to seize objects with a warrant. c. Both private persons and police offi cials are empowered to conduct searches or to seize objects with a warrant. d. A copy of the warrant should, whenever possible be provided after the search and/or seizure. e. Only police offi cials are empowered to conduct searches or to seize objects with a warrant. Choose the INCORRECT answer from the following statements: a. Bail proceedings in South African criminal proceedings are essentially inquisitorial in nature. b. Only oral evidence is admissible in bail applications. c. Hearsay evidence is received more readily in a bail application than in a criminal trial. d. The court may rely on the opinion of the investigating offi cer regarding the fact whether the accused will interferewith state witnesses. e. The personal opinion of a director of public prosecutions may be considered by the court in its determination of bail.