CPR3701 EXAM NOTES Q AND A 2021

THE FOLLOWING QUESTIONS ARE SET TO ENABLE YOU TO PREPARE FOR THE EXAMINATIONS. ONCE YOU ARE ABLE TO ANSWER THEM IT MEANS YOU HAVE COVERED EVERY SCOPE OF THE EXAMINATIONS. Please read them in conjunction with your tutorial letters and the assignments TRUE or FALSE QUESTIONS (1) A district court has the jurisdiction to try serious offences against the State. (1) A district court has jurisdiction try all crimes except reason, murder, rape and compelled rape. A district court may even try some serious offences against the state. (2) A regional court may try offences except treason, murder, rape and compelled rape. (1) A regional court has jurisdiction to try all crimes except treason. A reginal court therefore my try murder and rape. (3) South Africa follows a system of compulsory prosecution. (1) South Africa does not in principle follow a system of compulsory prosecution. (4) A prosecutor may withdraw a case without the permission of the DPP. (1) A prosecutor may withdraw a case without the permission of the DPP. The DPP may charge the accused afresh. Prosecutor may not stop a prosecution without the permission of the DPP. DPP may stop prosecution anytime from between pleading – conviction. Accused is entitled to acquittal and may later successfully rely on a plea of autrefois acquit. (5) An indictment is a document which is used to bring an accused before court in both lower and high courts. (1) At a trial in a superior court (High Court) the charge is contained in a document known as an indictment, which is drawn up in the name of the DPP. (6) The police are empowered in the case of certain serious offences to arrest persons and detain them for the purpose of interrogation. (1) In the case of serious offences, the legislature has empowered the police to arrest persons and to detain them for the purpose of interrogation. (7) The function of further particulars is to define issues and not to enlarge them. (1) The function of further particulars is to define issues and not to enlarge them. S35(3)(a) of the Constitution: ‘every accused person has a right to a fair trial, which includes the right to be informed of charges with sufficient detail to answer it…’ (8) As a rule, the court is bound to the agreement between the State and the defense in the instance of traditional plea bargaining. (1) Tradition plea bargaining: accused agrees to accept the plea tendered on a different basis from that alleged by the state. (e.g. Culpable homicide instead of murder). (9) The phrase ‘course of the criminal trial’ refers to the procedures which must be followed during the pre-trial stage. (1) C