CPR3701 EXAM PACK 2023
QUESTIONS AND ANSWERS
For assistance contact
Email:
, 1
Criminal Procedure
CRIMINAL PROCEDURE 1
Questions and Answers
QUESTIONS AND ANSWERS:
JURISDICTION
Courts have the authority to hear trials of people who commit
offences in the courts jurisdiction BUT there are certain
instances which deal with extra territorial jurisdiction allowing a
SA court to exercise jurisdiction over an offence, which was
committed beyond the borders of the state (i.e. outside SA
territory, name and discuss these instances
General rule: courts will only exercise jurisdiction with respect to
offences committed in SA.
Exceptions:
a) High treason: SA citizen who is resident in a foreign country and
joins the enemy army in wartime
b) Theft committed in a foreign country but the A has the stolen
property in SA – theft is a continuing crime
c) Offences on ships: territorial waters are part of the state
d) Offences outside SA on a non-SA plane – plane lands in SA with
the offender of board/ the principal place of business or
permanent residence of the lessee of the plane is in SA/ offender
is present in SA.
e) Offences committed on territory subsequently annexed by SA
f) Offences committed on an SA plane wherever it is (Civil Aviation
Act)
g) Offences committed by a SA citizen in Antarctica – jurisdiction of
the Pretoria Magisterial District
h) Offences deemed to be committed where A happens to be
i) Embassies: diplomats remain subject to the jurisdiction of their
home states.
, 2
District courts:
• Imprisonment not exceeding 3 years
• Fine not exceeding R120 000
• Imprisonment from which the A is place under correctional
supervision
• Committal to a treatment center
• Periodical imprisonment
In magistrate courts in SA, they have general jurisdiction to hear
trials of offences committed within their area of jurisdiction, this
area has been extended in terms of S90 of the CPA, discuss this
section regarding the extension.
Regional and district courts (Magistrate courts):
General rule: S90 of the Magistrates Court Act: district or regional
courts have jurisdiction to hear trials in respect of offences committed in
that district or regional division.
Extension to the general rule in terms of S90:
4km rule: when a person is charged with any offence:
1) Committed within a distance of 4km beyond the boundary of the
district or regional division.
2) Committed on a vessel or in a vehicle on a journey on a river in SA
and such journey or part of it was performed in the
district/regional division or within 4km thereof or
3) Committed on board a vessel on a voyage within the territorial
waters of SA and these waters adjoin the district/regional
division, or
4) Begun or completed in the district or regional division.
Such person may be tried within the district or regional division, as if he
were charged with an offence committed within that district/regional
division.
, 3
Person charged with kidnapping or abduction may be tried in any
division through or in which he conveyed, concealed or detained the
victim.
Where the A committed several offences in different districts falling
within the DPP’s area, he can order in writing that the matters all be
heard in one Magistrate Court in his area.
In terms of S110 of the CPA: if a person is wrongly charged before a
particular court and fails to object timorously, such court will acquire
jurisdiction.
S111: the NDPP has the power to move a trial from one DPP’s area to
another.
Give the exceptions to the general rule that SA courts will only
have jurisdiction over offences committed in SA.
General rule: courts will only exercise jurisdiction with respect to
offences committed in SA.
Exceptions:
a) High treason: SA citizen who is resident in a foreign country and
joins the enemy army in wartime
b) Theft committed in a foreign country but the A has the stolen
property in SA – theft is a continuing crime
c) Offences on ships: territorial waters are part of the state
d) Offences outside SA on a non-SA plane – plane lands in SA with
the offender of board/ the principal place of business or
permanent residence of the lessee of the plane is in SA/ offender
is present in SA.
e) Offences committed on territory subsequently annexed by SA
f) Offences committed on an SA plane wherever it is (Civil Aviation
Act)
g) Offences committed by a SA citizen in Antarctica – jurisdiction of
QUESTIONS AND ANSWERS
For assistance contact
Email:
, 1
Criminal Procedure
CRIMINAL PROCEDURE 1
Questions and Answers
QUESTIONS AND ANSWERS:
JURISDICTION
Courts have the authority to hear trials of people who commit
offences in the courts jurisdiction BUT there are certain
instances which deal with extra territorial jurisdiction allowing a
SA court to exercise jurisdiction over an offence, which was
committed beyond the borders of the state (i.e. outside SA
territory, name and discuss these instances
General rule: courts will only exercise jurisdiction with respect to
offences committed in SA.
Exceptions:
a) High treason: SA citizen who is resident in a foreign country and
joins the enemy army in wartime
b) Theft committed in a foreign country but the A has the stolen
property in SA – theft is a continuing crime
c) Offences on ships: territorial waters are part of the state
d) Offences outside SA on a non-SA plane – plane lands in SA with
the offender of board/ the principal place of business or
permanent residence of the lessee of the plane is in SA/ offender
is present in SA.
e) Offences committed on territory subsequently annexed by SA
f) Offences committed on an SA plane wherever it is (Civil Aviation
Act)
g) Offences committed by a SA citizen in Antarctica – jurisdiction of
the Pretoria Magisterial District
h) Offences deemed to be committed where A happens to be
i) Embassies: diplomats remain subject to the jurisdiction of their
home states.
, 2
District courts:
• Imprisonment not exceeding 3 years
• Fine not exceeding R120 000
• Imprisonment from which the A is place under correctional
supervision
• Committal to a treatment center
• Periodical imprisonment
In magistrate courts in SA, they have general jurisdiction to hear
trials of offences committed within their area of jurisdiction, this
area has been extended in terms of S90 of the CPA, discuss this
section regarding the extension.
Regional and district courts (Magistrate courts):
General rule: S90 of the Magistrates Court Act: district or regional
courts have jurisdiction to hear trials in respect of offences committed in
that district or regional division.
Extension to the general rule in terms of S90:
4km rule: when a person is charged with any offence:
1) Committed within a distance of 4km beyond the boundary of the
district or regional division.
2) Committed on a vessel or in a vehicle on a journey on a river in SA
and such journey or part of it was performed in the
district/regional division or within 4km thereof or
3) Committed on board a vessel on a voyage within the territorial
waters of SA and these waters adjoin the district/regional
division, or
4) Begun or completed in the district or regional division.
Such person may be tried within the district or regional division, as if he
were charged with an offence committed within that district/regional
division.
, 3
Person charged with kidnapping or abduction may be tried in any
division through or in which he conveyed, concealed or detained the
victim.
Where the A committed several offences in different districts falling
within the DPP’s area, he can order in writing that the matters all be
heard in one Magistrate Court in his area.
In terms of S110 of the CPA: if a person is wrongly charged before a
particular court and fails to object timorously, such court will acquire
jurisdiction.
S111: the NDPP has the power to move a trial from one DPP’s area to
another.
Give the exceptions to the general rule that SA courts will only
have jurisdiction over offences committed in SA.
General rule: courts will only exercise jurisdiction with respect to
offences committed in SA.
Exceptions:
a) High treason: SA citizen who is resident in a foreign country and
joins the enemy army in wartime
b) Theft committed in a foreign country but the A has the stolen
property in SA – theft is a continuing crime
c) Offences on ships: territorial waters are part of the state
d) Offences outside SA on a non-SA plane – plane lands in SA with
the offender of board/ the principal place of business or
permanent residence of the lessee of the plane is in SA/ offender
is present in SA.
e) Offences committed on territory subsequently annexed by SA
f) Offences committed on an SA plane wherever it is (Civil Aviation
Act)
g) Offences committed by a SA citizen in Antarctica – jurisdiction of
