CPR3701 test-questions Q And A.

1. Open justice can be equated with the concept that justice must be “seen to be done”. True -Dzukuda case (2000) judgement – Handbook Pg293 para 2.1/ pg276 para 1 2. Open justice is protected by the right to a fair trial and is an absolute right. False. No right is absolute. The limitation of the rights follows the criteria outlined in section 36 of the Constitution. 3. The court cannot exclude any member of the public from the trial of an adult accused. False. S153 (1) of CPA empowers all courts to exclude the public whenever it appears to be in the interests of the security of the state or good order or public morals, or the administration of justice. Handbook pg. 277 para 1, 1 st bullet point 4. In cases where a witness for the state is about to abscond, the prosecutor may apply for a warrant of arrest and have the said witness detained pending the trial. True. Section 188 of CPA, witness may be arrested. Handbook pg 278 para 2.1 5. Co-accused are ordered numerically. True. Handbook pg284 para 1.1 6. The prosecution decides the numerical order of co-accused at a trial. True. Handbook pg284 para 1.1 7. The court can of its own accord raise the issue of separation. True. The fact that neither the prosecution nor the accused has asked for separation of trials does not preclude the court from raising the issue of its accord…. Handbook pg288 para 6.1 8. The principle of legality is constitutionally entrenched. True Section 35 (3) (l) of the Constitution of the Republic of South Africa. Handbook pg294 para 2.2 1 lOMoARcPSD| CPR3701 test-questions Q And A. 9. The principle of equality of arms is founded on equal opportunities being available to both the state and the defence to prove their respective cases. True. However, this approach is only valid if the prosecution and defence have equal opportunities Handbook Pg296 Para 2.4 10. The merits of a case are the cardinal point of the court’s considerations when determining whether to convict or acquit. True 11. Where required, the entire judgment of the court must be translated into a language that the accused understands. True 12. In cases where the charge pertains to multiple acts or omissions, the court must deliver judgment separately on each individual` charge. False 11. Some sentences do not constitute punishments. True, such as most suspended sentences and caution. Handbook pg325 para 2.2 12. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles of sentencing. True. Punishment should fit the criminal as well as the crime, be fair to society and be blended with a measure of mercy according to the circumstances Handbook pg 326 para 4. 13. Imprisonment, committal to a treatment centre, a fine and correctional supervision are the only sentences that can be imposed by a court. False. Ordinary imprisonment, Imprisonment for life, Declaration as dangerous criminal, Declaration as an habitual criminal…Handbook pg335 para 10.1 14. Periodical imprisonment is a form of short-term imprisonment and is also informally known as “weekend imprisonment”. True. It is a form of imprisonment requiring prisoners to be imprisoned for short period. Handbook 10.2.2.5