EXAMINATION PACK
CPR3701 – CRIMINAL PROCEDURE
PAST PAPER SOLUTIONS AND NOTES
1
,2|Page
Contents
EXAMINATION PACK ................................................................................................... 1
CPR3701 – CRIMINAL PROCEDURE ......................................................................... 1
OCT/NOV 2020 TEST YOURSELF QUESTIONS FOR CPR3701............................... 3
MAY/JUNE 2020 ONLINE EXAM................................................................................. 24
2020 CPR3701 TEST YOUR SELF MCQ QUESTIONS ............................................. 26
OCTOBER/NOVEMBER 2019 ..................................................................................... 46
MAY/JUNE 2019 ........................................................................................................... 57
OCTOBER/NOVEMBER 2018 ..................................................................................... 64
MAY/JUNE 2018 ........................................................................................................... 72
CPR3701 Exam Notes.................................................................................................. 78
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OCT/NOV 2020 TEST YOURSELF QUESTIONS FOR CPR3701
SOME OF THE STATEMENTS ARE CORRECT WHILE SOME ARE INCORRECT.
YOU MUST BE ABLE TO IDENTIFY THE CORRECT AND THE INCORRECT.
(1) Where a child and an adult are charged together in the same trial in respect of the
same set of facts, the provisions of the Child Justice Act automatically apply to an
adult offender. False (page 26 txtbk)
(2) Persons who through participation in the same transaction commit different offences
cannot be jointly tried. False (pg 255 txtbk, section 156 CPA)
(3) Any number of offences committed by the accused cannot be charged against him
or her in one indictment. (False section 81, CPA pg 255)
(4) A court can order the removal of a trial from one venue to another venue if the court
deems it necessary or expedient. (True pg 258 txtbk, section 149)
(5) The court cannot, whether on application or not, order the accused/the witness to
give evidence by way of closed-circuit television. (False pg 113 txbk, section 158
CPA)
(6) The trial of the accused commences at his first appearance in court. (False pg 60
sg)
(7) The right of the accused to be present in court cannot be limited in any way. (False
there are exceptions pg 112 txtbk))
(8) In Baloyi 2000 (1) SACR 81 (CC) it was held that no one can be convicted without a
fair trial. (True pg 332 txtbk)
(9) The right to a fair trail in terms of section 35(3) of the Constitution includes the right
to have police bail. (False)
(10) The fair trial principle does not include appeal process. (False section 35(3)(o) of the
Const pg 446 txbk)
(11) The fair trial does not demand that there should be informed participation by the
unrepresented accused. (False pg 333 txbk)
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(12) The presiding judicial officer has a right to cross examine the accused. (False pg
333 tbk, Du Plessis 2012)
(13) A party who is aggrieved by the conduct of the presiding judicial officer during trial
can bring an application for the recusal of such officer. (True 334 txbk)
(14) In terms of the principle of judicial control, neither the state nor the accused should
be permitted to reopen their cases once closed. (False 336 txbk, principle of finality
instead)
(15) A criminal trail is a state-sponsored private judicial oral hearing. (False pg 331 txbk)
(16) A charge valid even if it does not sets out the particulars of an offence with which an
accused is charged. (False section 84(1) CPA pg 241 txbk)
(17) Where a charge is defective for want of an averment which is an essential ingredient
of the relevant offence, the defect cannot be cured by evidence at the trial proving
the matter which should have been averred. (False section 88 CPA pg 246)
(18) The court must enter a plea of guilty if the accused refuses to plead or answer
directly to the charge. (False innocent until proven otherwise pg 277)
(19) Section 77 of the CPA sets out the requirements with which a charge should comply.
(False section 84(1, section 77 mental capacity of a child)
(20) A defect in the charge sheet or indictment may be cured by evidence. (True section
88 CPA, pg 245)
(21) Section 81 of the CPA allows the amendment of the charge sheets that are
defective. (False section 81 regulates joinder of offences)
(22) If the prosecutor refuses to provide further particulars and the court concurs with the
prosecutor, the presiding officer may lodge an appeal. (False pg 244 tbxk)
(23) The summary of the essential facts does not form part of the indictment in a high
Court. (False pg 137 tbk)
(24) Where the state relies on common purpose, it is essential to allege the common
purpose in the charge sheet. (True)
4|Page
CPR3701 – CRIMINAL PROCEDURE
PAST PAPER SOLUTIONS AND NOTES
1
,2|Page
Contents
EXAMINATION PACK ................................................................................................... 1
CPR3701 – CRIMINAL PROCEDURE ......................................................................... 1
OCT/NOV 2020 TEST YOURSELF QUESTIONS FOR CPR3701............................... 3
MAY/JUNE 2020 ONLINE EXAM................................................................................. 24
2020 CPR3701 TEST YOUR SELF MCQ QUESTIONS ............................................. 26
OCTOBER/NOVEMBER 2019 ..................................................................................... 46
MAY/JUNE 2019 ........................................................................................................... 57
OCTOBER/NOVEMBER 2018 ..................................................................................... 64
MAY/JUNE 2018 ........................................................................................................... 72
CPR3701 Exam Notes.................................................................................................. 78
2|Page
, 3|Page
OCT/NOV 2020 TEST YOURSELF QUESTIONS FOR CPR3701
SOME OF THE STATEMENTS ARE CORRECT WHILE SOME ARE INCORRECT.
YOU MUST BE ABLE TO IDENTIFY THE CORRECT AND THE INCORRECT.
(1) Where a child and an adult are charged together in the same trial in respect of the
same set of facts, the provisions of the Child Justice Act automatically apply to an
adult offender. False (page 26 txtbk)
(2) Persons who through participation in the same transaction commit different offences
cannot be jointly tried. False (pg 255 txtbk, section 156 CPA)
(3) Any number of offences committed by the accused cannot be charged against him
or her in one indictment. (False section 81, CPA pg 255)
(4) A court can order the removal of a trial from one venue to another venue if the court
deems it necessary or expedient. (True pg 258 txtbk, section 149)
(5) The court cannot, whether on application or not, order the accused/the witness to
give evidence by way of closed-circuit television. (False pg 113 txbk, section 158
CPA)
(6) The trial of the accused commences at his first appearance in court. (False pg 60
sg)
(7) The right of the accused to be present in court cannot be limited in any way. (False
there are exceptions pg 112 txtbk))
(8) In Baloyi 2000 (1) SACR 81 (CC) it was held that no one can be convicted without a
fair trial. (True pg 332 txtbk)
(9) The right to a fair trail in terms of section 35(3) of the Constitution includes the right
to have police bail. (False)
(10) The fair trial principle does not include appeal process. (False section 35(3)(o) of the
Const pg 446 txbk)
(11) The fair trial does not demand that there should be informed participation by the
unrepresented accused. (False pg 333 txbk)
3|Page
, 4|Page
(12) The presiding judicial officer has a right to cross examine the accused. (False pg
333 tbk, Du Plessis 2012)
(13) A party who is aggrieved by the conduct of the presiding judicial officer during trial
can bring an application for the recusal of such officer. (True 334 txbk)
(14) In terms of the principle of judicial control, neither the state nor the accused should
be permitted to reopen their cases once closed. (False 336 txbk, principle of finality
instead)
(15) A criminal trail is a state-sponsored private judicial oral hearing. (False pg 331 txbk)
(16) A charge valid even if it does not sets out the particulars of an offence with which an
accused is charged. (False section 84(1) CPA pg 241 txbk)
(17) Where a charge is defective for want of an averment which is an essential ingredient
of the relevant offence, the defect cannot be cured by evidence at the trial proving
the matter which should have been averred. (False section 88 CPA pg 246)
(18) The court must enter a plea of guilty if the accused refuses to plead or answer
directly to the charge. (False innocent until proven otherwise pg 277)
(19) Section 77 of the CPA sets out the requirements with which a charge should comply.
(False section 84(1, section 77 mental capacity of a child)
(20) A defect in the charge sheet or indictment may be cured by evidence. (True section
88 CPA, pg 245)
(21) Section 81 of the CPA allows the amendment of the charge sheets that are
defective. (False section 81 regulates joinder of offences)
(22) If the prosecutor refuses to provide further particulars and the court concurs with the
prosecutor, the presiding officer may lodge an appeal. (False pg 244 tbxk)
(23) The summary of the essential facts does not form part of the indictment in a high
Court. (False pg 137 tbk)
(24) Where the state relies on common purpose, it is essential to allege the common
purpose in the charge sheet. (True)
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