CPR3701 Examination Pack: Solutions
and Notes for Criminal Procedure
Contents
EXAMINATION PACK ................................................................................................... 1
CPR3701 – CRIMINAL PROCEDURE ......................................................................... 1
OCT/NOV 2020 TEST YOURSELF QUESTIONS FOR CPR3701 ...............................
3
MAY/JUNE 2020 ONLINE EXAM.................................................................................
24
2020 CPR3701 TEST YOUR SELF MCQ QUESTIONS .............................................
26
OCTOBER/NOVEMBER 2019 .....................................................................................
46
MAY/JUNE 2019 ...........................................................................................................
57
OCTOBER/NOVEMBER 2018 .....................................................................................
64
MAY/JUNE 2018 ...........................................................................................................
72
CPR3701 Exam Notes..................................................................................................
78
, OCT/NOV 2020 TEST YOURSELF QUESTIONS FOR CPR3701
SOME OF THE STATEMENTS ARE CORRECT WHILE SOME ARE
INCORRECT. YOU MUST BE ABLE TO IDENTIFY THE CORRECT AND THE
INCORRECT.
(1) Where a child and an adult are charged together in the same trial in respect of the
same set of facts, the provisions of the Child Justice Act automatically apply to an
adult offender. False (page 26 txtbk)
(2) Persons who through participation in the same transaction commit different
offences cannot be jointly tried. False (pg 255 txtbk, section 156 CPA)
(3) Any number of offences committed by the accused cannot be charged against him
or her in one indictment. (False section 81, CPA pg 255)
(4) A court can order the removal of a trial from one venue to another venue if the court
deems it necessary or expedient. (True pg 258 txtbk, section 149)
(5) The court cannot, whether on application or not, order the accused/the witness to
give evidence by way of closed-circuit television. (False pg 113 txbk, section 158
CPA)
(6) The trial of the accused commences at his first appearance in court. (False pg 60
sg)
(7) The right of the accused to be present in court cannot be limited in any way. (False
there are exceptions pg 112 txtbk))
(8) In Baloyi 2000 (1) SACR 81 (CC) it was held that no one can be convicted without a
fair trial. (True pg 332 txtbk)
(9) The right to a fair trail in terms of section 35(3) of the Constitution includes the right
to have police bail. (False)
(10) The fair trial principle does not include appeal process. (False section 35(3)(o) of
the Const pg 446 txbk)
(11) The fair trial does not demand that there should be informed participation by the
unrepresented accused. (False pg 333 txbk)
,(12) The presiding judicial officer has a right to cross examine the accused. (False pg
333 tbk, Du Plessis 2012)
(13) A party who is aggrieved by the conduct of the presiding judicial officer during trial
can bring an application for the recusal of such officer. (True 334 txbk)
(14) In terms of the principle of judicial control, neither the state nor the accused should
be permitted to reopen their cases once closed. (False 336 txbk, principle of finality
instead)
(15) A criminal trail is a state-sponsored private judicial oral hearing. (False pg 331 txbk)
(16) A charge valid even if it does not sets out the particulars of an offence with which
an accused is charged. (False section 84(1) CPA pg 241 txbk)
(17) Where a charge is defective for want of an averment which is an essential
ingredient of the relevant offence, the defect cannot be cured by evidence at the
trial proving the matter which should have been averred. (False section 88 CPA pg
246)
(18) The court must enter a plea of guilty if the accused refuses to plead or answer
directly to the charge. (False innocent until proven otherwise pg 277)
(19) Section 77 of the CPA sets out the requirements with which a charge should
comply.
(False section 84(1, section 77 mental capacity of a child)
(20) A defect in the charge sheet or indictment may be cured by evidence. (True section
88 CPA, pg 245)
(21) Section 81 of the CPA allows the amendment of the charge sheets that are
defective. (False section 81 regulates joinder of offences)
(22) If the prosecutor refuses to provide further particulars and the court concurs with
the prosecutor, the presiding officer may lodge an appeal. (False pg 244 tbxk)
(23) The summary of the essential facts does not form part of the indictment in a high
Court. (False pg 137 tbk)
(24) Where the state relies on common purpose, it is essential to allege the common
purpose in the charge sheet. (True)
, (25) When during the trail, it appears that any words or particulars in an indictment or
charge are superfluous, no amendment can be made. (False section 86 and 88 pg
245)
(26) If a charge sufficiently discloses an offence, but is lacking in adequate narration of
particulars, the accused is deemed to have waived his or her right to apply for
particulars but he can set up such defect on appeal. (False he cannot, pg 245)
(27) Where the material element of crime in question was omitted, the accused may still
be found guilty for as long as the evidence at the trial proved the element omitted in
the charge. (True section 88)
(28) A plea of autrefois acquit implies that the accused was previously acquitted of the
offence with which he or she is currently charged. (True)
(29) A plea of autrefois acquit implies that the accused was previously convicted of the
offence with which he or she is currently charged. (False)
(30) A plea of autrefois convict implies that the accused was previously acquitted of the
offence with which he or she is currently charged. (False)
(31) A plea of autrefois convict is used at the end of the trial of the trial after conviction.
(False)
(32) 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. (True pg 277)
(33) Where the plea of an accused is ambiguous, the court must enter a plea of guilty
and question the accused in terms of section 115 of the CPA. (False pg 277)
(34) 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 112 of the CPA. (False pg 277
section 115 not 112)
(35) Where the accused pleads not guilty but does not have a reasonable explanation
for the plea, the court must enter a plea of guilty. (False)
(36) A plea may be changed from guilty to not guilty if the court is in doubt as to whether
the accused is, in law guilty of the offence to which he or she has pleaded guilty.
(True)
(37) The court may change a plea from not guilty to guilty if it is convinced that the
accused does not have a reasonable defense. (False)
(38) Statutory plea bargaining can only take place where the state is represented by the
state Advocate. (False)
(39) Statutory plea bargaining can only take place where the accused is not
represented. (False)
and Notes for Criminal Procedure
Contents
EXAMINATION PACK ................................................................................................... 1
CPR3701 – CRIMINAL PROCEDURE ......................................................................... 1
OCT/NOV 2020 TEST YOURSELF QUESTIONS FOR CPR3701 ...............................
3
MAY/JUNE 2020 ONLINE EXAM.................................................................................
24
2020 CPR3701 TEST YOUR SELF MCQ QUESTIONS .............................................
26
OCTOBER/NOVEMBER 2019 .....................................................................................
46
MAY/JUNE 2019 ...........................................................................................................
57
OCTOBER/NOVEMBER 2018 .....................................................................................
64
MAY/JUNE 2018 ...........................................................................................................
72
CPR3701 Exam Notes..................................................................................................
78
, OCT/NOV 2020 TEST YOURSELF QUESTIONS FOR CPR3701
SOME OF THE STATEMENTS ARE CORRECT WHILE SOME ARE
INCORRECT. YOU MUST BE ABLE TO IDENTIFY THE CORRECT AND THE
INCORRECT.
(1) Where a child and an adult are charged together in the same trial in respect of the
same set of facts, the provisions of the Child Justice Act automatically apply to an
adult offender. False (page 26 txtbk)
(2) Persons who through participation in the same transaction commit different
offences cannot be jointly tried. False (pg 255 txtbk, section 156 CPA)
(3) Any number of offences committed by the accused cannot be charged against him
or her in one indictment. (False section 81, CPA pg 255)
(4) A court can order the removal of a trial from one venue to another venue if the court
deems it necessary or expedient. (True pg 258 txtbk, section 149)
(5) The court cannot, whether on application or not, order the accused/the witness to
give evidence by way of closed-circuit television. (False pg 113 txbk, section 158
CPA)
(6) The trial of the accused commences at his first appearance in court. (False pg 60
sg)
(7) The right of the accused to be present in court cannot be limited in any way. (False
there are exceptions pg 112 txtbk))
(8) In Baloyi 2000 (1) SACR 81 (CC) it was held that no one can be convicted without a
fair trial. (True pg 332 txtbk)
(9) The right to a fair trail in terms of section 35(3) of the Constitution includes the right
to have police bail. (False)
(10) The fair trial principle does not include appeal process. (False section 35(3)(o) of
the Const pg 446 txbk)
(11) The fair trial does not demand that there should be informed participation by the
unrepresented accused. (False pg 333 txbk)
,(12) The presiding judicial officer has a right to cross examine the accused. (False pg
333 tbk, Du Plessis 2012)
(13) A party who is aggrieved by the conduct of the presiding judicial officer during trial
can bring an application for the recusal of such officer. (True 334 txbk)
(14) In terms of the principle of judicial control, neither the state nor the accused should
be permitted to reopen their cases once closed. (False 336 txbk, principle of finality
instead)
(15) A criminal trail is a state-sponsored private judicial oral hearing. (False pg 331 txbk)
(16) A charge valid even if it does not sets out the particulars of an offence with which
an accused is charged. (False section 84(1) CPA pg 241 txbk)
(17) Where a charge is defective for want of an averment which is an essential
ingredient of the relevant offence, the defect cannot be cured by evidence at the
trial proving the matter which should have been averred. (False section 88 CPA pg
246)
(18) The court must enter a plea of guilty if the accused refuses to plead or answer
directly to the charge. (False innocent until proven otherwise pg 277)
(19) Section 77 of the CPA sets out the requirements with which a charge should
comply.
(False section 84(1, section 77 mental capacity of a child)
(20) A defect in the charge sheet or indictment may be cured by evidence. (True section
88 CPA, pg 245)
(21) Section 81 of the CPA allows the amendment of the charge sheets that are
defective. (False section 81 regulates joinder of offences)
(22) If the prosecutor refuses to provide further particulars and the court concurs with
the prosecutor, the presiding officer may lodge an appeal. (False pg 244 tbxk)
(23) The summary of the essential facts does not form part of the indictment in a high
Court. (False pg 137 tbk)
(24) Where the state relies on common purpose, it is essential to allege the common
purpose in the charge sheet. (True)
, (25) When during the trail, it appears that any words or particulars in an indictment or
charge are superfluous, no amendment can be made. (False section 86 and 88 pg
245)
(26) If a charge sufficiently discloses an offence, but is lacking in adequate narration of
particulars, the accused is deemed to have waived his or her right to apply for
particulars but he can set up such defect on appeal. (False he cannot, pg 245)
(27) Where the material element of crime in question was omitted, the accused may still
be found guilty for as long as the evidence at the trial proved the element omitted in
the charge. (True section 88)
(28) A plea of autrefois acquit implies that the accused was previously acquitted of the
offence with which he or she is currently charged. (True)
(29) A plea of autrefois acquit implies that the accused was previously convicted of the
offence with which he or she is currently charged. (False)
(30) A plea of autrefois convict implies that the accused was previously acquitted of the
offence with which he or she is currently charged. (False)
(31) A plea of autrefois convict is used at the end of the trial of the trial after conviction.
(False)
(32) 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. (True pg 277)
(33) Where the plea of an accused is ambiguous, the court must enter a plea of guilty
and question the accused in terms of section 115 of the CPA. (False pg 277)
(34) 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 112 of the CPA. (False pg 277
section 115 not 112)
(35) Where the accused pleads not guilty but does not have a reasonable explanation
for the plea, the court must enter a plea of guilty. (False)
(36) A plea may be changed from guilty to not guilty if the court is in doubt as to whether
the accused is, in law guilty of the offence to which he or she has pleaded guilty.
(True)
(37) The court may change a plea from not guilty to guilty if it is convinced that the
accused does not have a reasonable defense. (False)
(38) Statutory plea bargaining can only take place where the state is represented by the
state Advocate. (False)
(39) Statutory plea bargaining can only take place where the accused is not
represented. (False)
