CPR3701
Test Yourself
MCQ
, lOMoARcPSD|18222662
CPR3701 TEST YOUR SELF MCQ Questions 3
Criminal Procedure (University of South Africa)
, lOMoARcPSD|18222662
CPR3701 TEST YOUR SELF MCQ QUESTIONS
1. Open justice can be equated with the concept that justice must be “seen to be
done”.
2. Open justice is protected by the right to a fair trial and is an absolute right.
3. The court cannot exclude any member of the public from the trial of an adult
accused.
4. In cases where a witness for the state is about to abscond, the prosecutor may
apply for a warrant of arrest and have the said witness detained pending the trial.
5. Co-accused are ordered numerically.
6. The prosecution decides the numerical order of co-accused at a trial.
7. The court can of its own accord raise the issue of separation.
8. The principle of legality is constitutionally entrenched.
9. The principle of equality of arms is founded on equal opportunities being
available to both the state and the defence to prove their respective cases.
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit.
11. Where required, the entire judgment of the court must be translated into a
language that the accused understands.
12. In cases where the charge pertains to multiple acts or omissions, the court must
deliver judgment separately on each individual charge.
13. Some sentences do not constitute punishments.
14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles
of sentencing.
15. Imprisonment, committal to a treatment centre, a fine and correctional
supervision are the only sentences that can be imposed by a court.
16. Periodical imprisonment is a form of short-term imprisonment and is also
informally known as “weekend imprisonment”.
17. The Constitution secures a general right of review.
18. Fairness no longer entails enquiring whether there was a failure of justice, but
whether the trial was fair.
19. Review is more appropriate than appeal in cases where the accused is
dissatisfied with the procedures during the trial.
20. There is a general right of appeal in South Africa.
21. The right of appeal is justifiably limited by section 36 of the Constitution.
22. A person can appeal against the sentence imposed or the conviction – not both.
23. The Constitution empowers the President to pardon or reprieve offenders in
certain circumstances.
Test Yourself
MCQ
, lOMoARcPSD|18222662
CPR3701 TEST YOUR SELF MCQ Questions 3
Criminal Procedure (University of South Africa)
, lOMoARcPSD|18222662
CPR3701 TEST YOUR SELF MCQ QUESTIONS
1. Open justice can be equated with the concept that justice must be “seen to be
done”.
2. Open justice is protected by the right to a fair trial and is an absolute right.
3. The court cannot exclude any member of the public from the trial of an adult
accused.
4. In cases where a witness for the state is about to abscond, the prosecutor may
apply for a warrant of arrest and have the said witness detained pending the trial.
5. Co-accused are ordered numerically.
6. The prosecution decides the numerical order of co-accused at a trial.
7. The court can of its own accord raise the issue of separation.
8. The principle of legality is constitutionally entrenched.
9. The principle of equality of arms is founded on equal opportunities being
available to both the state and the defence to prove their respective cases.
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit.
11. Where required, the entire judgment of the court must be translated into a
language that the accused understands.
12. In cases where the charge pertains to multiple acts or omissions, the court must
deliver judgment separately on each individual charge.
13. Some sentences do not constitute punishments.
14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles
of sentencing.
15. Imprisonment, committal to a treatment centre, a fine and correctional
supervision are the only sentences that can be imposed by a court.
16. Periodical imprisonment is a form of short-term imprisonment and is also
informally known as “weekend imprisonment”.
17. The Constitution secures a general right of review.
18. Fairness no longer entails enquiring whether there was a failure of justice, but
whether the trial was fair.
19. Review is more appropriate than appeal in cases where the accused is
dissatisfied with the procedures during the trial.
20. There is a general right of appeal in South Africa.
21. The right of appeal is justifiably limited by section 36 of the Constitution.
22. A person can appeal against the sentence imposed or the conviction – not both.
23. The Constitution empowers the President to pardon or reprieve offenders in
certain circumstances.
