TLI4801 Assignment 2 – South African Criminal
Procedure Practice Exam 2026/2027 Practice
Questions & Study Guide | Complete Exam-
Style Questions with Correct Detailed Answers
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Question 1
Which statute is the principal legislation governing criminal
procedure in South Africa?
A. Criminal Law Amendment Act 105 of 1997
B. Constitution of the Republic of South Africa, 1996
C. Criminal Procedure Act 51 of 1977
D. National Prosecuting Authority Act 32 of 1998
Answer: C. Criminal Procedure Act 51 of 1977
The Criminal Procedure Act 51 of 1977 is the principal
procedural statute governing criminal proceedings in South
Africa. It regulates matters including arrest, investigation,
prosecution, bail, trial procedure, evidence-related procedural
matters, verdicts, sentencing and appeals. The Constitution
,remains supreme and supplies overarching rights and principles,
but the CPA provides the principal statutory framework through
which criminal proceedings are conducted.
Question 2
Under section 35 of the Constitution, an arrested person
generally has the right to be brought before a court as soon as
reasonably possible, but ordinarily no later than:
A. 12 hours after arrest
B. 24 hours after arrest
C. 48 hours after arrest, subject to the constitutional
qualification concerning court days
D. 72 hours after arrest
Answer: C. 48 hours after arrest, subject to the constitutional
qualification concerning court days
Section 35(1)(d) establishes the important constitutional
safeguard that an arrested person must be brought before a
court as soon as reasonably possible and ordinarily within 48
hours. If the 48-hour period expires outside ordinary court hours
or on a day that is not an ordinary court day, the Constitution
provides for the first court day after that period. The rule
protects arrested persons against prolonged detention without
judicial oversight.
,Question 3
Which constitutional right is most directly implicated when an
accused person is compelled to make a confession against their
will?
A. Right to vote
B. Right to housing
C. Right not to be compelled to make a confession or
admission that could be used in evidence against them
D. Right to administrative action
Answer: C. Right not to be compelled to make a confession or
admission that could be used in evidence against them
Section 35 protects an arrested person's right to remain silent
and expressly protects the person from being compelled to
make a confession or admission that could be used in evidence
against them. This reflects the broader constitutional
commitment to a fair criminal process and protects accused
persons against coercive investigative practices.
Question 4
What is the principal purpose of a criminal charge?
, A. To determine the accused's sentence before trial
B. To replace the need for evidence
C. To inform the accused of the case they are required to meet
D. To guarantee a conviction
Answer: C. To inform the accused of the case they are required
to meet
The charge performs an essential notice function. An accused
person must know the nature and substance of the allegation
sufficiently to prepare a defence. A properly formulated charge
therefore contributes directly to the accused's constitutional
right to a fair trial. A charge does not establish guilt and cannot
substitute for evidence presented during the proceedings.
Question 5
Which institution has constitutional responsibility for instituting
criminal proceedings on behalf of the state?
A. South African Human Rights Commission
B. Department of Correctional Services
C. National Prosecuting Authority
D. Legal Practice Council
Answer: C. National Prosecuting Authority
The National Prosecuting Authority is constitutionally
responsible for instituting criminal proceedings on behalf of the
Procedure Practice Exam 2026/2027 Practice
Questions & Study Guide | Complete Exam-
Style Questions with Correct Detailed Answers
& Rationales (Reliable Answers) | Latest
Updated Version | Instant Download PDf.
Question 1
Which statute is the principal legislation governing criminal
procedure in South Africa?
A. Criminal Law Amendment Act 105 of 1997
B. Constitution of the Republic of South Africa, 1996
C. Criminal Procedure Act 51 of 1977
D. National Prosecuting Authority Act 32 of 1998
Answer: C. Criminal Procedure Act 51 of 1977
The Criminal Procedure Act 51 of 1977 is the principal
procedural statute governing criminal proceedings in South
Africa. It regulates matters including arrest, investigation,
prosecution, bail, trial procedure, evidence-related procedural
matters, verdicts, sentencing and appeals. The Constitution
,remains supreme and supplies overarching rights and principles,
but the CPA provides the principal statutory framework through
which criminal proceedings are conducted.
Question 2
Under section 35 of the Constitution, an arrested person
generally has the right to be brought before a court as soon as
reasonably possible, but ordinarily no later than:
A. 12 hours after arrest
B. 24 hours after arrest
C. 48 hours after arrest, subject to the constitutional
qualification concerning court days
D. 72 hours after arrest
Answer: C. 48 hours after arrest, subject to the constitutional
qualification concerning court days
Section 35(1)(d) establishes the important constitutional
safeguard that an arrested person must be brought before a
court as soon as reasonably possible and ordinarily within 48
hours. If the 48-hour period expires outside ordinary court hours
or on a day that is not an ordinary court day, the Constitution
provides for the first court day after that period. The rule
protects arrested persons against prolonged detention without
judicial oversight.
,Question 3
Which constitutional right is most directly implicated when an
accused person is compelled to make a confession against their
will?
A. Right to vote
B. Right to housing
C. Right not to be compelled to make a confession or
admission that could be used in evidence against them
D. Right to administrative action
Answer: C. Right not to be compelled to make a confession or
admission that could be used in evidence against them
Section 35 protects an arrested person's right to remain silent
and expressly protects the person from being compelled to
make a confession or admission that could be used in evidence
against them. This reflects the broader constitutional
commitment to a fair criminal process and protects accused
persons against coercive investigative practices.
Question 4
What is the principal purpose of a criminal charge?
, A. To determine the accused's sentence before trial
B. To replace the need for evidence
C. To inform the accused of the case they are required to meet
D. To guarantee a conviction
Answer: C. To inform the accused of the case they are required
to meet
The charge performs an essential notice function. An accused
person must know the nature and substance of the allegation
sufficiently to prepare a defence. A properly formulated charge
therefore contributes directly to the accused's constitutional
right to a fair trial. A charge does not establish guilt and cannot
substitute for evidence presented during the proceedings.
Question 5
Which institution has constitutional responsibility for instituting
criminal proceedings on behalf of the state?
A. South African Human Rights Commission
B. Department of Correctional Services
C. National Prosecuting Authority
D. Legal Practice Council
Answer: C. National Prosecuting Authority
The National Prosecuting Authority is constitutionally
responsible for instituting criminal proceedings on behalf of the
