SECTION 1
1.1 X and Y are charged with the offence of high treason. The allegations by the prosecution are that the two accused ‘sold information crucial to the security of the Republic to an agent representing the country of Zamunda’ before escaping to Silo, a country in the East African regi...
CPR3701
CRIMINAL
PROCEDURE
PORTFOLIO
MEMO/GUIDELINE
SEMESTER 2 –
OCTOBER/
NOVEMBER
UNISA – 2022
14 OCTOBER 2022
, SECTION 1
1.1 X and Y are charged with the offence of high treason. The allegations by the
prosecution are that the two accused ‘sold information crucial to the security of the
Republic to an agent representing the country of Zamunda’ before escaping to Silo,
a country in the East African region.
1.1.1 The National Director of Public Prosecutions (NDPP) Nono Dodo, is of the firm
view that the charges against the accused should, when they are arrested, be
tried in the regional court ‘due to the nature and seriousness of the offence’.
Briefly confirm the correctness or otherwise of this decision. (2)
When considering whether or not it will be in the public interest to prosecute, prosecutors
should consider all relevant factors, including: The nature and seriousness of the offence: -
The seriousness of the offence, taking into account the effect of the crime on the victim, the
manner in which it was committed, the motivation for the act and the relationship between the
accused and the victim. - The nature of the offence, its prevalence and recurrence, and its
effect on public order and morale. - The economic impact of the offence on the community, its
threat to people or damage to public property, and its effect on the peace of mind and sense
of security f the public. - The likely outcome in the event of a conviction, having regard to
sentencing options available to the court.
1.1.2 Name the process to be used or applied by the NDPP to bring X and Y from Silo
to the Republic of South Africa to stand trial. (1)
Extradition.
1.1.3 Captain C is tasked with investigating the charges against X and Y. After their
arrest, he sets out to ask questions to X and Y regarding what they know about
said offence. Name the process used by C to ask questions. (1)
Interrogation.
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