CPR 3701 ASSIGNMENT 2 WITH MULTIPLE
ACCURATE ANSWERS –GUARANTEED A’S.
True - ANSWER The Constitutional Court has final jurisdiction in respect of all
matters.
True - ANSWER There are exceptions to the rule that South African courts may only
exercise jurisdiction in
respect of offences which occurred on South African territory only
False - ANSWER South Africa follows a system of compulsory prosecution.
False - ANSWER A prosecutor may stop a prosecution without the permission of the
DPP.
False - ANSWER An indictment is a document which is used to bring an accused
before court in both lower
and high courts.
False - ANSWER The taking of fingerprints essentially violates the accused's right to
remain silent.
True - ANSWER The function of further particulars is to define issues and not to
enlarge them.
True - ANSWER One of the salient features of traditional plea bargaining is where
an accused pleads guilty
in exchange for charges being withdrawn against a co-accused.
False - ANSWER The phrase 'course of the criminal trial' refers to the procedures
which must be followed
during the pre-trial stage.
False - ANSWER The principle of 'equality of arms' essentially implies that an
unrepresented accused must,
during the proceedings enjoy better opportunities than a well-resourced prosecution.
True - ANSWER Open justice can be equated with the concept that justice must be
"seen to be done".
False - ANSWER Open justice is protected by the right to a fair trial and is an
absolute right.
False - ANSWER The court cannot exclude any member of the public from the trial
of an adult accused.
True - ANSWER 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.
True - ANSWER Co-accused are ordered numerically
, CPR 3701 ASSIGNMENT 2 WITH MULTIPLE
ACCURATE ANSWERS –GUARANTEED A’S.
True - ANSWER The prosecution decides the numerical order of co-accused at a
trial.
True - ANSWER The court can of its own accord raise the issue of separation.
True - ANSWER The principle of legality is constitutionally entrenched.
True - ANSWER 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.
True - ANSWER The merits of a case are the cardinal point of the court's
considerations when
determining whether to convict or acquit.
True - ANSWER Where required, the entire judgment of the court must be
translated into a language that
the accused understands.
False - ANSWER In cases where the charge pertains to multiple acts or omissions,
the court must deliver
judgment separately on each individual charge.
True - ANSWER Some sentences do not constitute punishments.
True - ANSWER In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the
general principles of
sentencing.
False - ANSWER Imprisonment, committal to a treatment centre, a fine and
correctional supervision are the
only sentences that can be imposed by a court.
True - ANSWER Periodical imprisonment is a form of short-term imprisonment and
is also informally
known as "weekend imprisonment".
True - ANSWER The Constitution secures a general right of review.
True - ANSWER Fairness no longer entails enquiring whether there was a failure of
justice, but whether
the trial was fair
True - ANSWER Review is more appropriate than appeal in cases where the
accused is dissatisfied with
the procedures during the trial
True - ANSWER There is a general right of appeal in South Africa.
ACCURATE ANSWERS –GUARANTEED A’S.
True - ANSWER The Constitutional Court has final jurisdiction in respect of all
matters.
True - ANSWER There are exceptions to the rule that South African courts may only
exercise jurisdiction in
respect of offences which occurred on South African territory only
False - ANSWER South Africa follows a system of compulsory prosecution.
False - ANSWER A prosecutor may stop a prosecution without the permission of the
DPP.
False - ANSWER An indictment is a document which is used to bring an accused
before court in both lower
and high courts.
False - ANSWER The taking of fingerprints essentially violates the accused's right to
remain silent.
True - ANSWER The function of further particulars is to define issues and not to
enlarge them.
True - ANSWER One of the salient features of traditional plea bargaining is where
an accused pleads guilty
in exchange for charges being withdrawn against a co-accused.
False - ANSWER The phrase 'course of the criminal trial' refers to the procedures
which must be followed
during the pre-trial stage.
False - ANSWER The principle of 'equality of arms' essentially implies that an
unrepresented accused must,
during the proceedings enjoy better opportunities than a well-resourced prosecution.
True - ANSWER Open justice can be equated with the concept that justice must be
"seen to be done".
False - ANSWER Open justice is protected by the right to a fair trial and is an
absolute right.
False - ANSWER The court cannot exclude any member of the public from the trial
of an adult accused.
True - ANSWER 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.
True - ANSWER Co-accused are ordered numerically
, CPR 3701 ASSIGNMENT 2 WITH MULTIPLE
ACCURATE ANSWERS –GUARANTEED A’S.
True - ANSWER The prosecution decides the numerical order of co-accused at a
trial.
True - ANSWER The court can of its own accord raise the issue of separation.
True - ANSWER The principle of legality is constitutionally entrenched.
True - ANSWER 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.
True - ANSWER The merits of a case are the cardinal point of the court's
considerations when
determining whether to convict or acquit.
True - ANSWER Where required, the entire judgment of the court must be
translated into a language that
the accused understands.
False - ANSWER In cases where the charge pertains to multiple acts or omissions,
the court must deliver
judgment separately on each individual charge.
True - ANSWER Some sentences do not constitute punishments.
True - ANSWER In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the
general principles of
sentencing.
False - ANSWER Imprisonment, committal to a treatment centre, a fine and
correctional supervision are the
only sentences that can be imposed by a court.
True - ANSWER Periodical imprisonment is a form of short-term imprisonment and
is also informally
known as "weekend imprisonment".
True - ANSWER The Constitution secures a general right of review.
True - ANSWER Fairness no longer entails enquiring whether there was a failure of
justice, but whether
the trial was fair
True - ANSWER Review is more appropriate than appeal in cases where the
accused is dissatisfied with
the procedures during the trial
True - ANSWER There is a general right of appeal in South Africa.
