Exam (elaborations)
Exam (elaborations) LLB CPR3701 CPR3701 TEST YOUR SELF MCQ QUESTIONS _3_
- Course
- LLB CPR3701
- Institution
- University Of South Africa (Unisa)
Exam (elaborations) LLB CPR3701 CPR3701 TEST YOUR SELF MCQ QUESTIONS _3_
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By: Valleria17 • 2 year ago
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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”.
2. Open justice is protected by the right to a fair trial and is an absolute right.
3. The court cannot exclude any member of the public from the trial of an adult
accused.
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.
5. Co-accused are ordered numerically.
6. The prosecution decides the numerical order of co-accused at a trial.
7. The court can of its own accord raise the issue of separation.
8. The principle of legality is constitutionally entrenched.
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.
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit.
11. Where required, the entire judgment of the court must be translated into a
language that the accused understands.
12. In cases where the charge pertains to multiple acts or omissions, the court must
deliver judgment separately on each individual charge.
13. Some sentences do not constitute punishments.
14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles
of sentencing.
15. Imprisonment, committal to a treatment centre, a fine and correctional
supervision are the only sentences that can be imposed by a court.
16. Periodical imprisonment is a form of short-term imprisonment and is also
informally known as “weekend imprisonment”.
17. The Constitution secures a general right of review.
18. Fairness no longer entails enquiring whether there was a failure of justice, but
whether the trial was fair.
19. Review is more appropriate than appeal in cases where the accused is
dissatisfied with the procedures during the trial.
20. There is a general right of appeal in South Africa.
21. The right of appeal is justifiably limited by section 36 of the Constitution.
22. A person can appeal against the sentence imposed or the conviction – not both.
23. The Constitution empowers the President to pardon or reprieve offenders in
certain circumstances.
,24. The President is empowered to remit any fine, penalty or forfeiture within the
confines of the Constitution.
25. The Department of Justice and Constitutional Development has the sole
responsibility to expunge records on application by the accused.
26. The notion of “open justice” establishes a protective function in respect of the
fair-trial rights of the accused.
27. Open justice can be limited in cases where the accused is in danger of being
exposed as a state informant.
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.
29. Witnesses are protected in cases of sexual assault and extortion by way of the
court’s discretion to “close the court”.
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.
31. The court, the prosecutor and the accused all have the power to subpoena
witnesses.
32. The advantage of a joint trial is that it saves the state resources and time.
33. Joinder is permissive and not imperative.
34. The decision to separate a trial is at the discretion of the presiding officer.
35. Cross-examination of a witness by the court is permissible within the bounds of
reasonableness.
36. The principle of equality of arms can be related to the competence of both the
prosecutor and the representative for the defence.
37. An ex tempore judgment does not infringe on the right of the accused to a
speedy trial.
38. An improper delay in delivering judgment undermines public confidence in the
judicial system.
39. Community service as a condition of a suspended sentence is not considered a
punishment.
40. Most statutory offences are enacted with an attendant penalty clause.
41. Tradition seems to indicate that the state and the accused must supply the
information required by the court during trial on sentencing.
42. Compensation and restitution are forms of restorative sentences.
43. Review is not solely the domain of the CPA.
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.
51. The right to a public trial can be validly limited where necessary.
52. In terms of the CJA, open justice is generally limited.
53. Open justice can be limited when the complainant is under the age of 18 years.
54. In principle, an accused is entitled to access exculpatory documents in the
docket.
55. 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.
56. 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.
57. Provided that the accused is not prejudiced, section 86 can be used to replace a
charge with another in the same matter.
58. Circuit courts deviate jurisdictionally from the fixed division or seat of court.
59. A child justice court is any court established in terms of the Children’s Act 38 of
2005.
60. A child justice court can simultaneously serve as a children’s court where a child
accused is affected by social or welfare issues.
61. During arraignment of an accused, assessors take an oath to deliver a true
judgment based on the merits of the case.
62. 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.
63. Truth and public benefit constitute a valid plea in terms of section 106 of the CPA.
64. 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.
65. In traditional plea bargaining, the parties bind the court to a certain sentence in
return for a guilty plea.
66. A charge sheet (or indictment) does not necessarily have to disclose an offence
in order to be valid.
67. An indictment must be served on the accused at most 14 days before the trial.
68. It is mandatory for the prosecution to attach a list of witnesses to the charge
sheet.
69. The prosecution cannot deviate from the information in a charge sheet or
indictment.
70. Any number of participants in the same offence may be tried jointly.
71. Any number of accessories after the same fact may be tried jointly.
72. Refusal to join is not in itself an irregularity.
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