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CPR3701 - ASSIGNMENT 2 ANSWERS 2021
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- University Of South Africa (Unisa)
PROPOSED ANSWERS FOR ASSIGNMENT 2 2021
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THE LAW OF CRIMINAL PROCEDURECPR3701 - ASSIGNMENT 2 SUGGESTED ANSWERS
NB! DO NOT PLAGIARISE – USE YOUR OWN WORDS
Question 1
Section 60 of the Criminal Procedure Act provides that if the court is satisfied that the interests
of justice so permit, an accused who is in custody in respect of an offence shall, subject to the
provisions of section 50 (6), be entitled to be released on bail at any stage preceding his or
her conviction in respect of such offence.
In instances where an accused bears the burden of proof as provided for in subsections 60(11)
and 60(11)(b), the civil standard of proof will apply, which is the burden to prove on a balance
of probabilities.
In instances of cases which fall outside of the scope of the provisions contemplated in
subsections 60(11)(a) and 60(11)(b), the prosecution bears the burden of proving its case on
a balance of probabilities. It is not necessary for the prosecution for the prosecution to prove
its case beyond a reasonable doubt, because the guilt or innocence of the accused is not in
question in this instance.
The State may, in the course of a bail application prove previous conviction, and the accused
or his legal adviser is also compelled to inform the court whether the accused has any previous
convictions. Any charges pending against the accused must also be disclosed by him or his
legal representative and there is also a duty to inform the court whether the accused has been
released on bail pending those charges. Where the legal representative submits the required
information, whether in writing or orally, the accused shall be required by court to declare
whether he confirms such information or not.
Question 2
Section 84(1) of the Criminal Procedure Act contemplates the essentials of a charge and
expressly provides that:
, “a charge shall set forth the relevant offence in such manner and with such particulars as to
the time and place at which the offence is alleged to have been committed and the person, if
any, against whom and the property, if any, in respect of which the offence is alleged to have
been committed, as may be reasonably sufficient to inform the accused of the nature of the
charge.”
In essence, the offence the accused is being charged with must be described in sufficient and
concise detail, specifically relating to the details of the time and place where the offence had
allegedly been committed, in order to enable the accused to understand the nature of the
charge.
In the present set of facts, the charge formulated does not satisfy the requirement set out I
section 84(1), in that:
1. The accused has not been duly informed of the particulars of the time and place where
the offence allegedly transpired.
2. The accused has not been duly informed of the particulars of the person and/or
property in respect of which the offence is alleged to have been committed.
3. In light of the aforementioned, it can then reasonably be concluded that the accused
has not been reasonably informed of the nature of the charge in sufficient detail.
The charge in the present set of facts is thus defective in the manner as has been explained
above. However, in terms of section 86 - the court may at any time before handing down its
judgment, if it considers that the making of the relevant amendment will not prejudice the
accused in his defence, order that the charge, whether it discloses an offence or not, be
amended, so far as it is necessary, both in that part thereof where the defect, variance,
omission, insertion or error occurs and in any other part thereof which it may become
necessary, order that the charge be amended in the following circumstances:
1. Where a charge is defect on account of lacking an essential allegation therein;
2. Where there is a distinct difference between any allegation in a charge and the
evidence presented to prove such an allegation;
3. Where it appears that words or particulars that should have been included in the
charge have been omitted from it; or
4. Where there is any other error in the charge.
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