CPR3701: Principles of Criminal Procedure -
Conceptual Study Guide
Section A: Introduction to Criminal Procedure & Key Concepts
1. What is the primary source of South African criminal procedure law?
a) The Common Law
b) The Criminal Procedure Act 51 of 1977
c) The Constitution of the Republic of South Africa, 1996
d) Municipal by-laws
2. The main purpose of criminal procedure is to:
a) Ensure the conviction of the accused at all costs.
b) Provide a fair and public trial for the accused.
c) Allow the state to punish citizens without restraint.
d) Replace the civil justice system.
3. Which role-players are considered the "Bodies of Investigation" in criminal
procedure?
a) The Magistrate and the Prosecutor
b) The South African Police Service and the Directorate for Priority Crime
Investigation (Hawks)
c) The National Prosecuting Authority and the State Attorney
d) The Defense Attorney and the Accused
4. The principle that an accused person is presumed innocent until proven
guilty is enshrined in:
a) The Criminal Procedure Act
b) The South African Common Law
c) The Bill of Rights in the Constitution
d) The National Prosecuting Authority Act
5. What does the term "audi alteram partem" mean?
a) The state must prove its case beyond a reasonable doubt.
,b) No one can be punished twice for the same crime.
c) Hear the other side.
d) An eye for an eye.
6. Which of the following is NOT a central right of an arrested person?
a) The right to remain silent.
b) The right to be released immediately.
c) The right to legal representation.
d) The right to be informed of the reason for arrest.
7. The standard of proof required for a criminal conviction is:
a) On a balance of probabilities.
b) Beyond a reasonable doubt.
c) Prima facie evidence.
d) Reasonable suspicion.
8. The "double jeopardy" rule prevents:
a) An accused from being tried in both a High Court and a Magistrate's Court.
b) A person from being tried twice for the same crime.
c) The state from appealing an acquittal.
d) A victim from suing the accused in a civil case.
9. Who has the final authority to decide whether to institute criminal
proceedings?
a) The investigating police officer.
b) The magistrate.
c) The National Prosecuting Authority (NPA).
d) The Minister of Justice.
10. A key function of the public prosecutor is to:
a) Act as a representative for the accused.
b) Ensure a conviction is obtained, regardless of evidence.
c) Present the state's case in a fair and objective manner.
d) Investigate the crime scene.
, Section B: Rights of the Accused and Arrest
11. According to Section 35 of the Constitution, every arrested person has the
right to:
a) Choose the arresting officer.
b) Be released on warning as a matter of right.
c) Be charged within 48 hours or released.
d) A trial within 30 days of arrest.
12. An arrest is defined as:
a) The conviction of a suspect.
b) The act of taking a person into custody for the purpose of detaining them.
c) The same as issuing a summons.
d) The sentencing phase of a trial.
13. A peace officer may arrest a person without a warrant if they reasonably
suspect that person has committed a:
a) Any minor offence.
b) Schedule 1 offence.
c) Civil wrong.
d) Traffic infringement.
14. What is the primary purpose of a warning statement (J534)?
a) To formally charge the suspect.
b) To inform the suspect of their rights and the reason for their detention.
c) To be used as evidence in court.
d) To replace the bail application.
15. The right to remain silent:
a) Is forfeited if the accused does not testify in court.
b) Applies only after formal charges are laid.
c) Applies from the moment of arrest and throughout the trial.
d) Means the accused cannot ever speak in court.
16. When must an arrested person be brought before a court?
a) Within 24 hours.
b) Within 48 hours.
Conceptual Study Guide
Section A: Introduction to Criminal Procedure & Key Concepts
1. What is the primary source of South African criminal procedure law?
a) The Common Law
b) The Criminal Procedure Act 51 of 1977
c) The Constitution of the Republic of South Africa, 1996
d) Municipal by-laws
2. The main purpose of criminal procedure is to:
a) Ensure the conviction of the accused at all costs.
b) Provide a fair and public trial for the accused.
c) Allow the state to punish citizens without restraint.
d) Replace the civil justice system.
3. Which role-players are considered the "Bodies of Investigation" in criminal
procedure?
a) The Magistrate and the Prosecutor
b) The South African Police Service and the Directorate for Priority Crime
Investigation (Hawks)
c) The National Prosecuting Authority and the State Attorney
d) The Defense Attorney and the Accused
4. The principle that an accused person is presumed innocent until proven
guilty is enshrined in:
a) The Criminal Procedure Act
b) The South African Common Law
c) The Bill of Rights in the Constitution
d) The National Prosecuting Authority Act
5. What does the term "audi alteram partem" mean?
a) The state must prove its case beyond a reasonable doubt.
,b) No one can be punished twice for the same crime.
c) Hear the other side.
d) An eye for an eye.
6. Which of the following is NOT a central right of an arrested person?
a) The right to remain silent.
b) The right to be released immediately.
c) The right to legal representation.
d) The right to be informed of the reason for arrest.
7. The standard of proof required for a criminal conviction is:
a) On a balance of probabilities.
b) Beyond a reasonable doubt.
c) Prima facie evidence.
d) Reasonable suspicion.
8. The "double jeopardy" rule prevents:
a) An accused from being tried in both a High Court and a Magistrate's Court.
b) A person from being tried twice for the same crime.
c) The state from appealing an acquittal.
d) A victim from suing the accused in a civil case.
9. Who has the final authority to decide whether to institute criminal
proceedings?
a) The investigating police officer.
b) The magistrate.
c) The National Prosecuting Authority (NPA).
d) The Minister of Justice.
10. A key function of the public prosecutor is to:
a) Act as a representative for the accused.
b) Ensure a conviction is obtained, regardless of evidence.
c) Present the state's case in a fair and objective manner.
d) Investigate the crime scene.
, Section B: Rights of the Accused and Arrest
11. According to Section 35 of the Constitution, every arrested person has the
right to:
a) Choose the arresting officer.
b) Be released on warning as a matter of right.
c) Be charged within 48 hours or released.
d) A trial within 30 days of arrest.
12. An arrest is defined as:
a) The conviction of a suspect.
b) The act of taking a person into custody for the purpose of detaining them.
c) The same as issuing a summons.
d) The sentencing phase of a trial.
13. A peace officer may arrest a person without a warrant if they reasonably
suspect that person has committed a:
a) Any minor offence.
b) Schedule 1 offence.
c) Civil wrong.
d) Traffic infringement.
14. What is the primary purpose of a warning statement (J534)?
a) To formally charge the suspect.
b) To inform the suspect of their rights and the reason for their detention.
c) To be used as evidence in court.
d) To replace the bail application.
15. The right to remain silent:
a) Is forfeited if the accused does not testify in court.
b) Applies only after formal charges are laid.
c) Applies from the moment of arrest and throughout the trial.
d) Means the accused cannot ever speak in court.
16. When must an arrested person be brought before a court?
a) Within 24 hours.
b) Within 48 hours.
