Cpr 3701 Study guides, Class notes & Summaries

Exam (elaborations) CPR 3701 CPR3701 ASSIGNMENT 2 SEMESTER 2 2021 CPR3701 e South African Criminal Procedure 3 Section 86(1) of the Criminal Procedure Act 51 of 1977. 4 Section 88 of the Criminal Procedure Act 51 of 1977. 5 Section 49(2) of the South African Criminal Procedure Act 51 of 1977. 6 Nell 1967 (4) SA 489 (SWA), Purcell-Gilpin 1971 (3) SA 548 (RA)

CPR 3701- Criminal Procedure Assignment 1 Semester 2 03/7/2022. 1. To begin with, South Africa does not, in principle, follow a system of compulsory prosecution. The discretion to prosecute is determined on a case-to-case basis. The decision taken is therefore a result of the mitigating & aggravating factors. These factors include the nature and seriousness of the offense, interests of the victim and broader community, circumstances of the offender, previous convictions, and personal circums...

Tutorial Letter 101/3/2021 Criminal Procedure CPR3701 Semesters 1 and 2 Department of Criminal and Procedural Law

CPR 3701/CPR3701 Questions & Answers CPR 3701/CPR3701 Questions & Answers

Question 01 I. Discuss the Circumstances under which an error in a charge sheet may be corrected. Section 86 allows for the amendment of charge sheets that are defective: Where it is defective for want of an essential element; where there is material difference between the allegation in the charge sheet and the evidence that has been led, where words have been omitted or unnecessarily inserted or any other error is made. Court may order an amendment only if it considers that the ma...

CPR3701 MCQ QUESTIONS.pdf very examinable questions

Question 1 (a) The following classes of persons qualify for locus standi on a private prosecution under certificate nolle prosequi, in terms of Section 7 of the Criminal Procedure Act 51 of 19771 : Sec 7(1) (a) any private person who proves some substantial and peculiar interest in the issue of the trial arising out of some injury which he individually suffered in consequence of the commission of the said offence; 2 (b) a husband, if the said offence was committed in respect of hi...

QUESTION 1 1) The law gives a discretion to the NPA and individual prosecutors with regard to how they perform their functions, exercise their powers and carry out their duties. This discretion must, however, be exercised according to the law and within the spirit of the Constitution.1 In exercising his discretion, the prosecutor must respect the individual’s right not to be harassed by a prosecution that has no reasonable prospect of success. Occasionally there might be good grounds fo...

CPR3701 - Criminal Procedure Assignment 01 Solutions