Exam (elaborations)
Criminal Procedure Assignment 1, S2, 2024 - MCQ
- Course
- Criminal Procedure
- Institution
- University Of South Africa (Unisa)
Criminal Procedure Assignment 1, S2, 2024 - MCQ with Answers
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CPR3701_2024_S2_ASSIGNMENT_01Q1: Choose the CORRECT answer from the following statements:
a. In general the police do not need special powers of interrogation.
b. The need for special powers of interrogation arises only in special circumstances,
such as when the accused is in custody.
c. The only common-law offence in respect of which such a legal duty exists to
provide information is murder.
d. A suspect has the right to remain silent, which includes the right not to furnish their
name to the police upon request.
e. There is a general legal duty on persons to furnish information that they may have
concerning the commission of an offence to the police.
Q2: Choose the CORRECT answer from the following statements:
a. Arrest may only executed through a warrant.
b. Wider powers of arrest are conferred in respect of a person who is caught in
flagrante delicto than one merely suspected of committing an offence.
c. A child-suspect may not be brought to court through written notice.
d. A child-suspect may not be brought to court through a summons.
e. Arrest remains lawful even if the arrestor's professed claim is to bring the arrested
person before court, but the real intention is to frighten or harass the arrestee, so as to
induce him or her to act in a way desired by the arrester, without the arrestee
necessarily appearing in court.
Q3: Choose the INCORRECT answer from the following statements:
a. A police officer may ascertain any mark, characteristic or other distinguishing
feature of the suspect.
b. A police officer does not have the power to take a blood sample.
c. Only medical practitioner or district surgeon or registered nurse may extract a
blood sample.
d. None of the options is correct.
e. A person's handwriting is the creation of a learned ability and cannot be described
as a bodily feature or characteristic.
Q4: Choose the CORRECT answer from the following statements:
a. The word grounds, as it relates to the determination of reasonableness refers to
mere perceptions.
b. A person will only be said to have reasonable grounds to believe or suspect
something, or that certain action is necessary if they actually see it with their own eyes.
c. Mere belief or suspicion of the existence of certain facts sufficiently qualifies such
belief or suspicion as one based on reasonable grounds.
d. The test applied to determine reasonableness is objective.
, e. The word grounds means that one must look at the facts as one may think that
they are.
Q5: Choose the CORRECT answer from the following statements:
a. Police officials are only empowered to conduct searches and to seize objects with
a warrant.
b. Private persons are empowered to conduct searches and to seize objects with a
warrant.
c. Both private persons and police officials are empowered to conduct searches or to
seize objects with a warrant.
d. A copy of the warrant should, whenever possible be provided after the search
and/or seizure.
e. Only police officials are empowered to conduct searches or to seize objects with a
warrant.
Q6: Choose the CORRECT option from the following statements:
a. The regional court has appeal and review jurisdiction in respect of criminal
proceedings emanating from the district court.
b. Only the Constitutional Court has the jurisdiction to decide the constitutionality of
any legislation or any conduct of the President.
c. An appeal from a lower court can only be adjudicated upon by a single judge.
d. An appeal may be adjudicated upon by either two or three judges.
e. A regional court magistrate may adjudicate over an appeal.
Q7: Choose the INCORRECT answer from the following statements:
a. An article which is on reasonable grounds, believed to be concerned in the
commission or suspected commission of an offence may be seized by the state.
b. An article which may afford evidence of the commission or suspected commission
of an offence may be seized by the state.
c. An article which is on reasonable grounds intended to be used in the commission
of an offence may be seized by the state.
d. Only a legal representative may relinquish privilege.
e. A document under legal professional privilege may not be handed in to the court
without the consent of the client.
Q8: Choose the INCORRECT answer from the following statements:
a. A third party may pay bail money on behalf of the accused.
b. Bail money must, at the conclusion of the case, be refunded only to the accused.
c. The cancellation of bail may be affected by the court at the request of the accused.
d. Failure by the accused to attend criminal proceedings constitutes a punishable
criminal offence.
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