TLI4801 Assignment 2 Criminal Litigation –
Techniques in Trial and Litigation Practice Exam
2026/2027 Practice Questions & Study Guide |
Complete Exam-Style Questions with Correct
Detailed Answers & Rationales (Reliable
Answers) | Latest Updated Version | Instant
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Question 1
An accused person has been arrested for allegedly committing
an offence. Which constitutional right applies immediately upon
arrest?
A. The right to be sentenced within 48 hours
B. The right to remain silent
C. The right to demand immediate acquittal
D. The right to refuse all future court proceedings
Correct answer: B. The right to remain silent
Rationale: Section 35(1) of the Constitution expressly gives an
arrested person the right to remain silent. The right operates
from the stage of arrest and is distinct from the broader fair-
,trial rights applicable to an accused person under section 35(3).
The arrested person must also be informed promptly of the right
to remain silent and of the consequences of not remaining
silent. The purpose is to protect the individual against compelled
self-incrimination during the early stages of the criminal
process.
Question 2
Which statement best describes the constitutional standard
governing an accused person's right to a fair trial?
A. It applies only after conviction
B. It applies only during cross-examination
C. It encompasses a range of procedural and substantive
protections throughout the criminal trial
D. It applies only when the accused is legally represented
Correct answer: C. It encompasses a range of procedural and
substantive protections throughout the criminal trial
Rationale: Section 35(3) establishes a comprehensive fair-trial
framework. It includes the right to sufficient information about
the charge, adequate time and facilities to prepare a defence, a
public trial before an ordinary court, an absence of
unreasonable delay, legal representation, the presumption of
innocence, the right to remain silent, the right to challenge
,evidence and other protections. Fair trial rights are therefore
not confined to one stage of the proceedings or dependent upon
legal representation being present.
Question 3
A police official arrests a suspect without a warrant. Which
proposition is most accurate?
A. Every warrantless arrest is automatically unlawful
B. A warrantless arrest can be lawful where authorised by the
Criminal Procedure Act or another applicable law
C. A warrantless arrest is lawful only if the suspect confesses
D. A warrantless arrest is lawful only after a prosecutor gives
written approval
Correct answer: B. A warrantless arrest can be lawful where
authorised by the Criminal Procedure Act or another
applicable law
Rationale: South African criminal procedure recognises both
warrant-based and warrantless arrests. The legality of a
warrantless arrest depends on whether the statutory or other
lawful requirements for such an arrest have been satisfied. The
fact that no warrant was obtained does not, by itself, make an
arrest unlawful. The arresting official must, however, act within
the authority conferred by law.
, Question 4
An accused is brought before a court after arrest. Which
constitutional principle is most directly relevant to the timing of
the first court appearance?
A. The accused must ordinarily be brought before court as soon
as reasonably possible and not later than the constitutional
limit, subject to the applicable qualification
B. The accused must always remain in police custody for seven
days
C. The accused may be detained indefinitely before the first
appearance
D. The accused must first be convicted before appearing in
court
Correct answer: A. The accused must ordinarily be brought
before court as soon as reasonably possible and not later than
the constitutional limit, subject to the applicable qualification
Rationale: Section 35(1)(d) protects an arrested person's right to
be brought before a court as soon as reasonably possible and
generally not later than 48 hours after arrest, subject to the
constitutional qualification concerning the expiry of that period
outside ordinary court hours. The rule prevents arbitrary or
prolonged police detention before judicial oversight. It is a
fundamental safeguard against unlawful deprivation of liberty.
Techniques in Trial and Litigation 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
An accused person has been arrested for allegedly committing
an offence. Which constitutional right applies immediately upon
arrest?
A. The right to be sentenced within 48 hours
B. The right to remain silent
C. The right to demand immediate acquittal
D. The right to refuse all future court proceedings
Correct answer: B. The right to remain silent
Rationale: Section 35(1) of the Constitution expressly gives an
arrested person the right to remain silent. The right operates
from the stage of arrest and is distinct from the broader fair-
,trial rights applicable to an accused person under section 35(3).
The arrested person must also be informed promptly of the right
to remain silent and of the consequences of not remaining
silent. The purpose is to protect the individual against compelled
self-incrimination during the early stages of the criminal
process.
Question 2
Which statement best describes the constitutional standard
governing an accused person's right to a fair trial?
A. It applies only after conviction
B. It applies only during cross-examination
C. It encompasses a range of procedural and substantive
protections throughout the criminal trial
D. It applies only when the accused is legally represented
Correct answer: C. It encompasses a range of procedural and
substantive protections throughout the criminal trial
Rationale: Section 35(3) establishes a comprehensive fair-trial
framework. It includes the right to sufficient information about
the charge, adequate time and facilities to prepare a defence, a
public trial before an ordinary court, an absence of
unreasonable delay, legal representation, the presumption of
innocence, the right to remain silent, the right to challenge
,evidence and other protections. Fair trial rights are therefore
not confined to one stage of the proceedings or dependent upon
legal representation being present.
Question 3
A police official arrests a suspect without a warrant. Which
proposition is most accurate?
A. Every warrantless arrest is automatically unlawful
B. A warrantless arrest can be lawful where authorised by the
Criminal Procedure Act or another applicable law
C. A warrantless arrest is lawful only if the suspect confesses
D. A warrantless arrest is lawful only after a prosecutor gives
written approval
Correct answer: B. A warrantless arrest can be lawful where
authorised by the Criminal Procedure Act or another
applicable law
Rationale: South African criminal procedure recognises both
warrant-based and warrantless arrests. The legality of a
warrantless arrest depends on whether the statutory or other
lawful requirements for such an arrest have been satisfied. The
fact that no warrant was obtained does not, by itself, make an
arrest unlawful. The arresting official must, however, act within
the authority conferred by law.
, Question 4
An accused is brought before a court after arrest. Which
constitutional principle is most directly relevant to the timing of
the first court appearance?
A. The accused must ordinarily be brought before court as soon
as reasonably possible and not later than the constitutional
limit, subject to the applicable qualification
B. The accused must always remain in police custody for seven
days
C. The accused may be detained indefinitely before the first
appearance
D. The accused must first be convicted before appearing in
court
Correct answer: A. The accused must ordinarily be brought
before court as soon as reasonably possible and not later than
the constitutional limit, subject to the applicable qualification
Rationale: Section 35(1)(d) protects an arrested person's right to
be brought before a court as soon as reasonably possible and
generally not later than 48 hours after arrest, subject to the
constitutional qualification concerning the expiry of that period
outside ordinary court hours. The rule prevents arbitrary or
prolonged police detention before judicial oversight. It is a
fundamental safeguard against unlawful deprivation of liberty.
