CPR3701 - Criminal Procedure. CPR3701 MCQ QUESTIONS. Open justice can be equated with the concept that justice must be “seen to be done”. True – The general principle is that the conduct of criminal trials should take place in open court and in the presence of the accused: an accused’s righ...
open justice can be equated with the concept that justice must be “seen to be done”
open justice is protected by the right to a fair trial and is an absolute right
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CPR3701 MCQ QUESTIONS.
CPR3701 TEST YOURSELF MCQ QUESTIONS
1. Open justice can be equated with the concept that justice must be “seen to
be done”.
True – The general principle is that the conduct of criminal trials should take place
in open court and in the presence of the accused: an accused’s right to a fair trial
includes the right to a public trial as protected in s 35(3)(c) of the Constitution. This
means that the public is generally entitled to be present. The concept of courts
open to the public underscores the more comprehensive notion of open justice. The
concept of open justice embraces issues relevant to an open democracy, such as
fairness, accessibility, transparency, accountability of the judicial system and
freedom of expression. The principle of open justice is based on two main
considerations. The first is the notion of a fair trial, of which openness is regarded
as an important component. The second is a consideration of publicity: members of
the public are entitled to be informed of the conduct of criminal proceedings, and
the administration of justice benefits from the publicity given to such proceedings
(TEXTBOOK – 314 or 281 of electronic copy)
2. Open justice is protected by the right to a fair trial and is an absolute right.
False – The latter consideration embraces the notion that open justice demonstrates
that justice dispensed in the courts is accessible to all, and is fundamental to the
proper functioning of a
transparent justice system, to enhancing accountability and deterring misconduct.
However, while recognising that the open court principle is not absolute, given the
potential conflict with the demands of privacy, security and protection, the
question is how the courts have to balance the constitutional rights of an accused
on the one hand and protecting the interests of the administration of justice,
vulnerable witnesses and children on the other hand.
, CPR3701 MCQ QUESTIONS.
(TB 314 or 281)
, CPR3701 MCQ QUESTIONS.
3. The court cannot exclude any member of the public from the trial of an
adult accused.
False – It may. In terms of s 153(1) of the Criminal Procedure Act all courts are
empowered to exclude the public from their proceedings whenever it appears to be
in the interests of the security of the State or of good order, public morals, or the
administration of justice. Section 154(1) authorises the court to order that no
information relating to such proceedings may be published; but the court must
allow publication of personal information of the accused, his plea, the charge,
verdict and sentence, unless the court finds that such publication may defeat the
object of its direction under s 153(1).
(TB 315 or 282)
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 – Whenever the Director of Public Prosecutions thinks that there is any danger
that a potential State witness in respect of specified offences may be tampered
with or intimidated, or that such witness may abscond, or whenever he deems it in
the interest of the witness or of the administration of justice, he may apply to a
judge in chambers for an order that such witness be detained pending the relevant
proceedings—s 185.
(TB 316 or 283)
5. Co-accused are ordered numerically.
True – In the event of a joint trial, the accused are identified numerically, for
example, accused one, two and three. The prosecution decides who should be
accused one or two or three, as the case may be. It is the duty of the court to ensure
that the correct numerical order is maintained during the course of the trial
(TB 323 or 288)
, CPR3701 MCQ QUESTIONS.
6. The prosecution decides the numerical order of co-accused at a trial.
True – See above
7. The court can of its own accord raise the issue of separation.
True – After the state has decided to charge several accused together, in certain
circumstances an accused may request that his trial be separated from the rest.
The court may also order such a separation on its own account (mero motu).
(Study Guide 64)
8. The principle of legality is constitutionally entrenched.
True – The requirement that the prosecution must prove legal guilt in a properly
conducted trial in accordance with the principle of legality, that is, in a trial where
all relevant common-law, statutory and constitutional due process rules were
followed. Factual guilt, ascertained at the expense of a fundamental right of the
accused, falls short of the standard set by the principle of legality.
(TB 333 or 296)
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 - However, this approach is only valid if the prosecution and defence have equal
opportunities. It is in this context that the so-called ‘principle of equality of arms’
developed.
(TB 335 or 298)
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