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Exam (elaborations) LLB CPR3701 CPR3701 TEST YOUR SELF MCQ QUESTIONS _3_.
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Exam (elaborations) LLB CPR3701 CPR3701 TEST YOUR SELF MCQ QUESTIONS _3_.
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CPR3701 TEST YOUR SELF MCQ QUESTIONS1. Open justice can be equated with the concept that justice must be “seen to be done”.
TRUE
2. Open justice is protected by the right to a fair trial and is an absolute right. FALSE
3. The court cannot exclude any member of the public from the trial of an adult accused.
FALSE
4. 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. P.316
5. Co-accused are ordered numerically. TRUE. P.323
6. The prosecution decides the numerical order of co-accused at a trial. TRUE. P.323
7. The court can of its own accord raise the issue of separation. TRUE. P.327
8. The principle of legality is constitutionally entrenched.TRUE. P.333
9. 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. P 335
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit. TRUE
11. Where required, the entire judgment of the court must be translated into a language that
the accused understands. TRUE. P.350.
12. In cases where the charge pertains to multiple acts or omissions, the court must deliver
judgment separately on each individual charge. FALSE. P.351
13. Some sentences do not constitute punishments. TRUE. P375
14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles of
sentencing. TRUE. P.376
15. Imprisonment, committal to a treatment centre, a fine and correctional supervision are
the only sentences that can be imposed by a court. FALSE. P.384
16. Periodical imprisonment is a form of short-term imprisonment and is also informally
known as “weekend imprisonment”. TRUE. P.389
17. The Constitution secures a general right of review. TRUE. P.413
18. Fairness no longer entails enquiring whether there was a failure of justice, but whether
the trial was fair. TRUE. P.414
19. Review is more appropriate than appeal in cases where the accused is dissatisfied with
the procedures during the trial.TRUE. P.421
20. There is a general right of appeal in South Africa. TRUE.
21. The right of appeal is justifiably limited by section 36 of the Constitution. TRUE. P.448
22. A person can appeal against the sentence imposed or the conviction – not both. FALSE.
P421
23. The Constitution empowers the President to pardon or reprieve offenders in certain
circumstances. TRUE. P.505
24. The President is empowered to remit any fine, penalty or forfeiture within the confines of
the Constitution. TRUE. P.505
, 25. The Department of Justice and Constitutional Development has the sole responsibility to
expunge records on application by the accused. TRUE.
26. The notion of “open justice” establishes a protective function in respect of the fair-trial
rights of the accused. TRUE. P.314
27. Open justice can be limited in cases where the accused is in danger of being exposed
as a state informant. FALSE. P.315
28. The accused can testify by way of closed-circuit television in cases where an open trial
may cause him or her emotional or physical harm. TRUE. P.315
29. Witnesses are protected in cases of sexual assault and extortion by way of the court’s
discretion to “close the court”. TRUE. P.316
30. Irrespective of the charge, if a matter relates to an adult accused and complainant, the
court cannot exclude the public from the trial in the interests of justice. FALSE. P.316
31. The court, the prosecutor and the accused all have the power to subpoena witnesses.
TRUE. P.316
32. The advantage of a joint trial is that it saves the state resources and time.TRUE. P.323
33. Joinder is permissive and not imperative.TRUE.P.324
34. The decision to separate a trial is at the discretion of the presiding officer. TRUE. P.327
35. Cross-examination of a witness by the court is permissible within the bounds of
reasonableness. FALSE. P.334
36. The principle of equality of arms can be related to the competence of both the
prosecutor and the representative for the defence. TRUE
37. An ex tempore judgment does not infringe on the right of the accused to a speedy trial.
TRUE. P.351
38. An improper delay in delivering judgment undermines public confidence in the judicial
system. TRUE. P.351
39. Community service as a condition of a suspended sentence is not considered a
punishment. FALSE. P.375
40. Most statutory offences are enacted with an attendant penalty clause. TRUE. P.376
41. Tradition seems to indicate that the state and the accused must supply the information
required by the court during trial on sentencing. TRUE. P.379
42. Compensation and restitution are forms of restorative sentences. FALSE
43. Review is not solely the domain of the CPA. TRUE. P.431
44. The Superior Courts Act does not provide for review in criminal proceedings. ?
45. Judicial review has a common-law origin. ?
46. Any conviction, sentence or order of a lower court, and even a discharge after
conviction, are subject to leave to appeal. ?
47. An appeal on the facts relates to the merits of the matter in the trial court. ?
48. If the appellant files a notice of appeal after the prescribed period, he or she can apply
for condonation, although the court is not obliged to grant it. ?
49. Expungement takes place in one of three ways: automatically, on application or when a
certain period has lapsed.?
50. The Constitution entrenches the right to a public trial. TRUE. P314
51. The right to a public trial can be validly limited where necessary. TRUE. P.314
52. In terms of the CJA, open justice is generally limited. TRUE
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