QUALITY ANSWERS
OCTOBER/ NOVEMBER 2023 EXAMINATION CPR3701
MODULE CODE: CPR3701
19 OCTOBER 2023 QUESTION AND ANSWERS MEMO
Section 1
A, B, C and D allegedly rob a Town Bank, which is located in the city of Cape
Town. Members of the South African Police Services (SAPS) are called to the
scene of the crime, during which a shoot-out ensues between police and the
robbers. Two of the robbers, A and B manage to escape with an undisclosed
amount of the loot. C who is holed up inside the bank, is arrested by Sgt. F, whilst
trying to walk out through the main door of the bank. D (who is unarmed) is
ordered by Capt. G to surrender. D declines the order, and instead runs away in
the opposite direction. H, a client of the bank (and, a civilian), who just happened
to be present on the scene, produces his licenced firearm and fires a shot into
D’s back, critically wounding him. H arrests D and hands him over to G for
detention. An R4 Rifle which was allegedly used by the assailants is found
abandoned on the floor of the bank.
Section 1
1.1 Name the part of law which determines the procedure to be followed when
effecting the arrest of C and D. (1)
Criminal Procedure law
1.2 Name the part of the law which determines the elements of the crimes with
which C and D are subsequently charged. (1)
Criminal Code
1.3 Name the document which is an indispensable pre-requisite for conducting a
private prosecution, if the prosecution declines to prosecute C and D. (1)
Certificate for Private Prosecution” or “Nolle Prosequi Certificate
1.4 Briefly indicate (in two short sentences, at the most) whether H had the
authority (in law) to arrest D in the manner that he did. (2)
H, as a civilian, did not have the legal authority to arrest D in the manner described.
Civilian citizens typically do not have the authority to make arrests, especially by using
force in this situation.
, 1.5 C and D are subsequently charged with robbery with aggravating
circumstances. V, the investigating officer, reckons that he is qualified to grant
bail to C and D. Briefly explain (in two short sentences, at the most), whether V’s
assumptions are, indeed, correct. (2)
V, the investigating officer, typically does not have the authority to grant bail. In
many jurisdictions, the decision to grant bail is made by a court or a judicial
officer, not by the investigating officer.
.
1.6 Sentencing.
1.7 Adjournment
1.8 Appeal
Section 2
2.1C's assertion of his "right to remain silent" and his claim that Sergeant V does not
have the right to question him as a "free citizen" raises important legal considerations.
In the context of a criminal investigation, individuals have the right to remain silent as a
fundamental principle in many legal systems, including South Africa. This right is often
referred to as the right to remain silent or the right against self-incrimination. It is
enshrined in various legal instruments, such as Section 35(1)(g) of the South African
Constitution, which grants the right to remain silent and not to incriminate oneself.
When C asserts his right to remain silent, he is essentially refusing to answer questions
that could potentially incriminate him. In most jurisdictions, including South Africa, this
right is respected, and individuals cannot be compelled to provide self-incriminating
evidence. It's a fundamental protection to ensure that individuals are not coerced into
confessing or providing information that might be used against them in a criminal case.
However, C's claim that Sergeant V does not have the right to question him as a "free
citizen" is not entirely accurate. While C certainly has the right to remain silent, this does
not mean that law enforcement authorities cannot question him. In fact, law
enforcement officials have the authority to question individuals during the course of an
investigation. C's right to remain silent allows him to choose whether or not to answer
those questions.
C is correct in asserting his right to remain silent and not self-incriminate during
questioning by Sergeant V. However, it is within the rights and duties of law
enforcement officials to question individuals as part of a criminal investigation. While C
can choose to remain silent, law enforcement can still conduct their investigations and
may use other evidence and procedures to build their case if necessary.
