TEST YOURSELF: SECOND SEMESTER
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 TB 27: Where a child and
an adult are charged together in the same trial in respect of the same facts
in terms of ss 155, 156 and 157 of the Criminal Procedure Act, a court must
apply the provisions of the Child Justice Act in respect of the child, and the
provisions of the Criminal Procedure Act in respect of the adult. See s 63(2)
of the Child Justice Act.
2. Persons who through participation in the same transaction commit
different offences cannot be jointly tried. FALSE TB 230: persons who
through participation in the same transaction commit different offences
may be jointly charged and tried
3. Any number of offences committed by the accused cannot be charged
against him or her in one indictment. FALSE TB 229: any number of
offences may be charged against the same accused in one indictment –
section 81(1)
4. The court cannot, whether on application or not, order the accused/the
witness to give evidence by way of closed-circuit television. FALSE PG 104
A court may on its own initiative, or on application by the public
prosecutor, the accused or a witness, order that a witness or an accused, if
the witness or accused consents thereto, give evidence by means of
closed-circuit television or similar electronic media
5. The trial of the accused commences at his first appearance in court. FALSE
TUT201: The trial of the accused does not usually commence at his first
appearance in court
,6. The right of the accused to be present in court cannot be limited in any
way. FALSE
7. In Baloyi 2000 (1) SACR 81 (CC) it was held that no one can be convicted
without a fair trial. TRUE PG 295
8. The right to a fair trial in terms of section 35(3) of the Constitution includes
the right to have police bail. FALSE
9. The fair trial does not demand that there should be informed participation
by the unrepresented accused. FALSE TB 296 The right to a fair trial
demands that there should be informed participation by the unrepresented
accused
10. The presiding judicial officer has a right to cross examine the accused.
FALSE SG PG 93
11. 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
PG 296
12. In terms of the principle of judicial control, neither the state nor the
accused should be permitted to reopen their cases once closed. FALSE PG
302: In terms of the principle of finality, neither the State nor the accused
should be permitted to reopen their cases once closed, unless such
reopening is necessary to introduce rebutting evidence where a party was
taken by surprise.
13. A criminal trial is a state-sponsored private judicial oral hearing. FALSE PG
294 :A criminal trial can, broadly speaking, be described as a state-
sponsored public, judicial and primarily oral hearing in terms of which the
, alleged criminal liability of an accused must in the public interest be
determined by an impartial adjudicator on the basis of constitutional,
statutory and common-law rules and principles of fairness which promote
reliable and acceptable outcomes in convicting and punishing the guilty,
while protecting the innocent from incorrect conviction and wrongful
punishment.
14. A charge is valid even if it does not set out the particulars of an offence
with which an accused is charged. FALSE: A charge is valid if it sets out
the particulars of an offence with which an accused is charged.
15. 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 PG
222 Where a charge is defective for the want of an averment which is an
essential ingredient of the relevant offence, the defect shall, unless brought
to the notice of the court before judgment, be cured by evidence at the trial
proving the matter which should have been averred
16. The court must enter a plea of guilty if the accused refuses to plead or
answer directly to the charge. FALSE PG 249 : The court must enter a plea
of not guilty if the accused refuses to plead or answer directly to the
charge.
17. Section 77 of the CPA sets out the requirements with which a charge
should comply. FALSE PG 218: Section 84(1) sets out the requirements
with which a charge should comply.
18. Section 81 of the CPA allows the amendment of the charge sheets that are
defective. FALSE PG 223 Sections 88 and 86 are aimed at correcting
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 TB 27: Where a child and
an adult are charged together in the same trial in respect of the same facts
in terms of ss 155, 156 and 157 of the Criminal Procedure Act, a court must
apply the provisions of the Child Justice Act in respect of the child, and the
provisions of the Criminal Procedure Act in respect of the adult. See s 63(2)
of the Child Justice Act.
2. Persons who through participation in the same transaction commit
different offences cannot be jointly tried. FALSE TB 230: persons who
through participation in the same transaction commit different offences
may be jointly charged and tried
3. Any number of offences committed by the accused cannot be charged
against him or her in one indictment. FALSE TB 229: any number of
offences may be charged against the same accused in one indictment –
section 81(1)
4. The court cannot, whether on application or not, order the accused/the
witness to give evidence by way of closed-circuit television. FALSE PG 104
A court may on its own initiative, or on application by the public
prosecutor, the accused or a witness, order that a witness or an accused, if
the witness or accused consents thereto, give evidence by means of
closed-circuit television or similar electronic media
5. The trial of the accused commences at his first appearance in court. FALSE
TUT201: The trial of the accused does not usually commence at his first
appearance in court
,6. The right of the accused to be present in court cannot be limited in any
way. FALSE
7. In Baloyi 2000 (1) SACR 81 (CC) it was held that no one can be convicted
without a fair trial. TRUE PG 295
8. The right to a fair trial in terms of section 35(3) of the Constitution includes
the right to have police bail. FALSE
9. The fair trial does not demand that there should be informed participation
by the unrepresented accused. FALSE TB 296 The right to a fair trial
demands that there should be informed participation by the unrepresented
accused
10. The presiding judicial officer has a right to cross examine the accused.
FALSE SG PG 93
11. 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
PG 296
12. In terms of the principle of judicial control, neither the state nor the
accused should be permitted to reopen their cases once closed. FALSE PG
302: In terms of the principle of finality, neither the State nor the accused
should be permitted to reopen their cases once closed, unless such
reopening is necessary to introduce rebutting evidence where a party was
taken by surprise.
13. A criminal trial is a state-sponsored private judicial oral hearing. FALSE PG
294 :A criminal trial can, broadly speaking, be described as a state-
sponsored public, judicial and primarily oral hearing in terms of which the
, alleged criminal liability of an accused must in the public interest be
determined by an impartial adjudicator on the basis of constitutional,
statutory and common-law rules and principles of fairness which promote
reliable and acceptable outcomes in convicting and punishing the guilty,
while protecting the innocent from incorrect conviction and wrongful
punishment.
14. A charge is valid even if it does not set out the particulars of an offence
with which an accused is charged. FALSE: A charge is valid if it sets out
the particulars of an offence with which an accused is charged.
15. 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 PG
222 Where a charge is defective for the want of an averment which is an
essential ingredient of the relevant offence, the defect shall, unless brought
to the notice of the court before judgment, be cured by evidence at the trial
proving the matter which should have been averred
16. The court must enter a plea of guilty if the accused refuses to plead or
answer directly to the charge. FALSE PG 249 : The court must enter a plea
of not guilty if the accused refuses to plead or answer directly to the
charge.
17. Section 77 of the CPA sets out the requirements with which a charge
should comply. FALSE PG 218: Section 84(1) sets out the requirements
with which a charge should comply.
18. Section 81 of the CPA allows the amendment of the charge sheets that are
defective. FALSE PG 223 Sections 88 and 86 are aimed at correcting
