CPR3701 MCQ Memo Bundle
2021/ALL
Question 1
In general.
a) A trial may take place in the absence of the accused where he/she waives
his/her right to attend.
b) The verdict and sentence must, notwithstanding (a) above, be handed down in
the presence of the accused or his/her duly authorised representative.
c) The right to be present can be limited in certain circumstances.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statement (a) is correct.
[4] Only statements (b) and (c) are correct.
Question 2
The general rule is that a trial must take place in the presence of the accused.
There are certain exceptions to this rule.
Which of the following constitute(s) legitimate exceptions to the rule?
(a) Exclusion of the accused due to the misbehaviour of the accused person’s
witnesses.
(b) The situation where a co-accused applies to court to exclude an accused.
(c) Instances where the accused gives evidence by means of closed-circuit television
or similar electronic media.
[1] None of the statements is correct.
,[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 3
a) The charges against an accused are formulated before the completion of the
investigation.
b) An accused is required to plead to the charges and undergo a preparatory
examination before he/she is arraigned for trial.
c) A preparatory examination is also referred to as a summary trial in the district
court.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 4
(a) A plea of autrefois acquit cannot be sustained in terms of section 122A of the
CPA.
(b) A plea of autrefois convict cannot be sustained in terms of section 122A of the
CPA.
(c) A plea of guilty in terms of section 122A of the CPA is identical in nature to a
plea of guilty in terms of section 106 of the CPA.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 5
(a) A preparatory examination is NOT considered a criminal proceeding.
, (b) The final decision in a preparatory examination rests with the court.
(c) During a preparatory examination, the accused is required to plead at the
commencement of the examination.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 6
(a) Bail is a form of monetary release from custody.
(b) Bail is inherently penal in nature.
(c) Bail can be used to deter other would-be offenders.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (c) are correct.
[4] Only statement (b) is correct.
CORRECT ANSWER: Option (NB: NO CORRECT OPTION: ALL STUDENTS WHO
COMPLETED THE ASSIGNMENT AWARDED THE REQUISITE MARK FOR THE
QUESTION)
Question 7
(a) During a bail application, the court may consider, as a factor, the prevalence of
the type of crime with which the accused has been charged.
(b) The accused person’s previous convictions or pending charges are irrelevant
when the granting of bail is considered.
(c) In limited instances, bail can be granted by the police.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (c) are correct.
, [4] Only statement (b) is correct.
Question 8
(a) The strict rules of evidence are relaxed during bail applications.
(b) Hearsay is admissible during a bail application.
(c) Previous convictions may be proved by the state during a bail application.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 9
(a) A charge sheet (or indictment) does NOT necessarily have to disclose an
offence in order to be valid.
(b) An indictment must be served on the accused at most 14 days before the trial.
(c) It is mandatory for the prosecution to attach a list of witnesses to the charge
sheet.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statement (a) is correct.
[4] Only statement (a) and (b) are correct.
Question 10
(a) In principle, an accused is entitled to access exculpatory documents in the
docket.
(b) Where an accused is charged with a common-law offence, the only
requirement is that it be named in order for the charge sheet to be valid.
(c) Sections 86 and 88 of the CPA make provision for the same action in respect
of the correction of a defect in the charge sheet.
[1] None of the statements is correct.
2021/ALL
Question 1
In general.
a) A trial may take place in the absence of the accused where he/she waives
his/her right to attend.
b) The verdict and sentence must, notwithstanding (a) above, be handed down in
the presence of the accused or his/her duly authorised representative.
c) The right to be present can be limited in certain circumstances.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statement (a) is correct.
[4] Only statements (b) and (c) are correct.
Question 2
The general rule is that a trial must take place in the presence of the accused.
There are certain exceptions to this rule.
Which of the following constitute(s) legitimate exceptions to the rule?
(a) Exclusion of the accused due to the misbehaviour of the accused person’s
witnesses.
(b) The situation where a co-accused applies to court to exclude an accused.
(c) Instances where the accused gives evidence by means of closed-circuit television
or similar electronic media.
[1] None of the statements is correct.
,[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 3
a) The charges against an accused are formulated before the completion of the
investigation.
b) An accused is required to plead to the charges and undergo a preparatory
examination before he/she is arraigned for trial.
c) A preparatory examination is also referred to as a summary trial in the district
court.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 4
(a) A plea of autrefois acquit cannot be sustained in terms of section 122A of the
CPA.
(b) A plea of autrefois convict cannot be sustained in terms of section 122A of the
CPA.
(c) A plea of guilty in terms of section 122A of the CPA is identical in nature to a
plea of guilty in terms of section 106 of the CPA.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 5
(a) A preparatory examination is NOT considered a criminal proceeding.
, (b) The final decision in a preparatory examination rests with the court.
(c) During a preparatory examination, the accused is required to plead at the
commencement of the examination.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 6
(a) Bail is a form of monetary release from custody.
(b) Bail is inherently penal in nature.
(c) Bail can be used to deter other would-be offenders.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (c) are correct.
[4] Only statement (b) is correct.
CORRECT ANSWER: Option (NB: NO CORRECT OPTION: ALL STUDENTS WHO
COMPLETED THE ASSIGNMENT AWARDED THE REQUISITE MARK FOR THE
QUESTION)
Question 7
(a) During a bail application, the court may consider, as a factor, the prevalence of
the type of crime with which the accused has been charged.
(b) The accused person’s previous convictions or pending charges are irrelevant
when the granting of bail is considered.
(c) In limited instances, bail can be granted by the police.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (c) are correct.
, [4] Only statement (b) is correct.
Question 8
(a) The strict rules of evidence are relaxed during bail applications.
(b) Hearsay is admissible during a bail application.
(c) Previous convictions may be proved by the state during a bail application.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statements (a) and (b) are correct.
[4] Only statement (c) is correct.
Question 9
(a) A charge sheet (or indictment) does NOT necessarily have to disclose an
offence in order to be valid.
(b) An indictment must be served on the accused at most 14 days before the trial.
(c) It is mandatory for the prosecution to attach a list of witnesses to the charge
sheet.
[1] None of the statements is correct.
[2] All of the statements are correct.
[3] Only statement (a) is correct.
[4] Only statement (a) and (b) are correct.
Question 10
(a) In principle, an accused is entitled to access exculpatory documents in the
docket.
(b) Where an accused is charged with a common-law offence, the only
requirement is that it be named in order for the charge sheet to be valid.
(c) Sections 86 and 88 of the CPA make provision for the same action in respect
of the correction of a defect in the charge sheet.
[1] None of the statements is correct.
