CPR3701 PAST QUESTION
PAPERS AND
CORRECT ANSWERS 2023
ALL CORRECT.
,1. a) The Constitution entrenches the right to a public trial.
True
b) The right to a public trial can be validly limited where necessary.
True
c) In terms of the CJA, open justice is generally limited.
True
d) Open justice can be limited when the complainant is under the age of 18 years.
True
2. a) In principle, an accused is entitled to access exculpatory documents in the docket.
True
b) Where an accused is charged with a common law offence, the only requirement is
that it be named in order for the charge sheet to be valid.
False
c) Sections 86 and 88 of the CPA make provision for the same action in respect of the
correction of a defect in the charge sheet.
False
d) Provided that the accused is not prejudiced, section 86 can be used to replace a
charge with another in the same matter.
False
3. a) Circuit courts deviate jurisdictionally from the fixed division or seat of court.
False
b) A child justice court is any court established in terms of the Children’s Act 38 of 2005.
False
c) A child justice court can simultaneously serve as a children’s court where a child
accused is affected by social or welfare issues.
False
d) During arraignment of an accused, assessors take an oath to deliver a true judgment
based on the merits of the case.
False
4. a) Where the plea of an accused is ambiguous, the court must enter a plea of not
guilty and question the accused in terms of section 115 of the CPA.
Correct
b) Truth and public benefit constitute a valid plea in terms of section 106 of the CPA.
,False
c) An accused cannot object to the information in a charge sheet or indictment, but can
object to the fact that such charge sheet or indictment discloses insufficient detail.
False
d) In traditional plea bargaining, the parties bind the court to a certain sentence in return
for a guilty plea.
False
5. a) A charge sheet (or indictment) does not necessarily have to disclose an offence in
order to be valid.
True
b) An indictment must be served on the accused at most 14 days before the trial.
False
c) It is mandatory for the prosecution to attach a list of witnesses to the charge sheet.
False
d) The prosecution cannot deviate from the information in a charge sheet or indictment.
False
6. a) Any number of participants in the same offence may be tried jointly.
True
b) Any number of accessories after the same fact may be tried jointly.
True
c) Joinder is permissive and not imperative.
True
d) Refusal to join is not in itself an irregularity.
True
7. a) Section 115 of the CPA allows the accused to plead not guilty but to admit to
certain elements of the offence.
True
b) Statutory plea bargaining can only take place where the accused is represented.
True
c) A child offender cannot enter into a statutory or traditional plea bargain.
True
d) Diversion is a form of plea bargaining.
False
, 8. a) It is not necessary for the court to question an accused who has pleaded guilty in
terms of section 112 of the CPA.
False
b) A child offender can plead guilty at the preliminary-inquiry stage in terms of section
112 of the CJA.
False
c) Section 115 of the CPA can be used to alter a plea of guilty to one of not guilty where,
during the arraignment phases, the court finds that the accused has a defence.
False
d) After pleading, the accused is entitled, without exception, to a verdict.
False
9. a) Sections 77 to 79 of the CPA apply to child offenders.
True
b) A court will, in principle, grant a postponement to allow the accused an opportunity to
find work in order to pay for legal representation.
False
c) There are limitations to the length of time for which a child justice proceeding can be
postponed.
True
d) A fair trial includes the right to a speedy trial.
True
10. a) Section 336 of the CPA provides that, where an act constitutes an offence under a
statutory and a common law provision, the accused can be convicted and sentenced
under either the statutory or common law provision.
True
b) There is no consensus on the part of South African courts as to whether the conduct
of a perpetrator that occurs over a long period of time should form the subject of a single
conviction or multiple convictions.
True
c) A court can order the removal of a trial from one venue to another venue if the court
deems it necessary or expedient.
True
d) In a division of the high court, the presiding judge has discretion to sit with or without
assessors.
True
2017-06, assignment 03
PAPERS AND
CORRECT ANSWERS 2023
ALL CORRECT.
,1. a) The Constitution entrenches the right to a public trial.
True
b) The right to a public trial can be validly limited where necessary.
True
c) In terms of the CJA, open justice is generally limited.
True
d) Open justice can be limited when the complainant is under the age of 18 years.
True
2. a) In principle, an accused is entitled to access exculpatory documents in the docket.
True
b) Where an accused is charged with a common law offence, the only requirement is
that it be named in order for the charge sheet to be valid.
False
c) Sections 86 and 88 of the CPA make provision for the same action in respect of the
correction of a defect in the charge sheet.
False
d) Provided that the accused is not prejudiced, section 86 can be used to replace a
charge with another in the same matter.
False
3. a) Circuit courts deviate jurisdictionally from the fixed division or seat of court.
False
b) A child justice court is any court established in terms of the Children’s Act 38 of 2005.
False
c) A child justice court can simultaneously serve as a children’s court where a child
accused is affected by social or welfare issues.
False
d) During arraignment of an accused, assessors take an oath to deliver a true judgment
based on the merits of the case.
False
4. a) Where the plea of an accused is ambiguous, the court must enter a plea of not
guilty and question the accused in terms of section 115 of the CPA.
Correct
b) Truth and public benefit constitute a valid plea in terms of section 106 of the CPA.
,False
c) An accused cannot object to the information in a charge sheet or indictment, but can
object to the fact that such charge sheet or indictment discloses insufficient detail.
False
d) In traditional plea bargaining, the parties bind the court to a certain sentence in return
for a guilty plea.
False
5. a) A charge sheet (or indictment) does not necessarily have to disclose an offence in
order to be valid.
True
b) An indictment must be served on the accused at most 14 days before the trial.
False
c) It is mandatory for the prosecution to attach a list of witnesses to the charge sheet.
False
d) The prosecution cannot deviate from the information in a charge sheet or indictment.
False
6. a) Any number of participants in the same offence may be tried jointly.
True
b) Any number of accessories after the same fact may be tried jointly.
True
c) Joinder is permissive and not imperative.
True
d) Refusal to join is not in itself an irregularity.
True
7. a) Section 115 of the CPA allows the accused to plead not guilty but to admit to
certain elements of the offence.
True
b) Statutory plea bargaining can only take place where the accused is represented.
True
c) A child offender cannot enter into a statutory or traditional plea bargain.
True
d) Diversion is a form of plea bargaining.
False
, 8. a) It is not necessary for the court to question an accused who has pleaded guilty in
terms of section 112 of the CPA.
False
b) A child offender can plead guilty at the preliminary-inquiry stage in terms of section
112 of the CJA.
False
c) Section 115 of the CPA can be used to alter a plea of guilty to one of not guilty where,
during the arraignment phases, the court finds that the accused has a defence.
False
d) After pleading, the accused is entitled, without exception, to a verdict.
False
9. a) Sections 77 to 79 of the CPA apply to child offenders.
True
b) A court will, in principle, grant a postponement to allow the accused an opportunity to
find work in order to pay for legal representation.
False
c) There are limitations to the length of time for which a child justice proceeding can be
postponed.
True
d) A fair trial includes the right to a speedy trial.
True
10. a) Section 336 of the CPA provides that, where an act constitutes an offence under a
statutory and a common law provision, the accused can be convicted and sentenced
under either the statutory or common law provision.
True
b) There is no consensus on the part of South African courts as to whether the conduct
of a perpetrator that occurs over a long period of time should form the subject of a single
conviction or multiple convictions.
True
c) A court can order the removal of a trial from one venue to another venue if the court
deems it necessary or expedient.
True
d) In a division of the high court, the presiding judge has discretion to sit with or without
assessors.
True
2017-06, assignment 03
