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.
Your text here 1
(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.ch false, in terms of section 63CJA , applies s in respect of
the child and the CPA in respect of the adult offender pg232 textbook
(2) Persons who through participation in the same transaction commit different
offences cannot be jointly tried. True, in terms of section 156
(3) Any number of offences committed by the accused cannot be charged against
him or her in one indictment. False, , Apart from undue splitting, any number of
offences may be charged against the same accused in one indictment
(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, , courts do this to protect the lives
of witnesses that are threatened, in Mbaka 1964 (2) SA 280 (E), the court made
this order by virtue of s 169
(5) The court cannot, whether on application or not, order the accused/the witness to
give evidence by way of closed circuit television. False,
A court may mero motu or on application by the prosecutor order that a witness
or an accused, with his consent, give evidence by means of a closed circuit
television or similar electronic media, but only if these facilities are readily
available or obtainable—s 158(2)–(3). In Nzama 1997 (1) SACR 542 (D) the
court ordered that the witness should be permitted to testify behind closed
doors; that the witness be excused from disclosing his real name to the court and
be permitted to adopt any pseudonym for the purposes of the trial; that no
person be permitted to reveal the witness’s identity; and that his evidence be
published only to the extent that it will not disclose or tend to disclose his
identity. Section 158(5) of the Criminal Procedure Act requires a court to give
(6) The trial of the accused commences at his first appearance in court. False, A
criminal trial commences once an accused has pleaded in the court that has the
required jurisdiction to hear evidence in order to pronounce on the guilt or
otherwise of the accused concern
(7) The right of the accused to be present in court cannot be limited in any way.
(8) In Baloyi 2000 (1) SACR 81 (CC) it was held that no one can be convicted
without a fair trial.
,(9) The right to a fair trail in terms of section 35(3) of the Constitution includes the
right to have police bail.
(10) The fair trial principle does not include appeal process.
(11) The fair trial does not demand that there should be informed participation by the
unrepresented accused.
(12) The presiding judicial officer has a right to cross examine the accused.
(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.
(14) In terms of the principle of judicial control, neither the state nor the accused
should be permitted to reopen their cases once closed.
(15) A criminal trail is a state-sponsored private judicial oral hearing.
(16) A charge valid even if it does not sets out the particulars of an offence with which
an accused is charged.
(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.
(18) The court must enter a plea of guilty if the accused refuses to plead or answer
directly to the charge.
(19) Section 77 of the CPA sets out the requirements with which a charge should
comply.
(20) A defect in the charge sheet or indictment may be cured by evidence
(21) Section 81 of the CPA allows the amendment of the charge sheets that are
defective.
(22) If the prosecutor refuses to provide further particulars and the court concurs with
the prosecutor, the presiding officer may lodge an appeal.
(23) The summary of the essential facts does not form part of the indictment in a high
Court.
(24) Where the state relies on common purpose, it is essential to allege the common
purpose in the charge sheet.
(25) When during the trail, it appears that any words or particulars in an indictment or
charge are superfluous, no amendment can be made.
(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.
(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.
(28) A plea of autrefois acquit implies that the accused was previously acquitted of the
offence with which he or she is currently charged.
(29) A plea of autrefois acquit implies that the accused was previously convicted of
the offence with which he or she is currently charged.
, (30) A plea of autrefois convict implies that the accused was previously acquitted of
the offence with which he or she is currently charged.
(31) A plea of autrefois convict is used at the end of the trial of the trial after
conviction.
(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.
(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.
(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.
(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.
(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.
(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.
(38) Statutory plea bargaining can only take place where the state is represented by
the state Advocate.
(39) Statutory plea bargaining can only take place where the accused is not
represented.
(40) Section 115 of the CPA can be used to alter a plea of guilty to one of not guilty
where, during the arraignment phases, the court finds that the accused has a
defence.
(41) Section 111 of the CPA can be used to alter a plea of guilty to one of not guilty
where, during the arraignment phases, the court finds that the accused has a
defence.
(42) The accused once pleaded, he/she is bound by that plea and under no
circumstances can he or she change it.
(43) An accused may tender the plea that the court does not have jurisdiction to hear
the case
(44) After pleading, the accused is entitled, without exception, to a verdict.
(45) After pleading, the accused is entitled, without exception, to a sentence
(46) A witness may plead truth and public benefit where the charge is one of criminal
defamation.
(47) Section 115 of the CPA allows the accused to plead not guilty and to admit to
certain elements of the offence.
(48) Bail is inherently penal in nature.
(49) Bail can be used to deter other would-be offenders.
(50) The accused person’s previous convictions or pending charges are irrelevant for
the consideration of release on bail.
SOME OF THE STATEMENTS ARE CORRECT WHILE SOME ARE INCORRECT.
YOU MUST BE ABLE TO IDENTIFY THE CORRECT AND THE INCORRECT.
Your text here 1
(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.ch false, in terms of section 63CJA , applies s in respect of
the child and the CPA in respect of the adult offender pg232 textbook
(2) Persons who through participation in the same transaction commit different
offences cannot be jointly tried. True, in terms of section 156
(3) Any number of offences committed by the accused cannot be charged against
him or her in one indictment. False, , Apart from undue splitting, any number of
offences may be charged against the same accused in one indictment
(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, , courts do this to protect the lives
of witnesses that are threatened, in Mbaka 1964 (2) SA 280 (E), the court made
this order by virtue of s 169
(5) The court cannot, whether on application or not, order the accused/the witness to
give evidence by way of closed circuit television. False,
A court may mero motu or on application by the prosecutor order that a witness
or an accused, with his consent, give evidence by means of a closed circuit
television or similar electronic media, but only if these facilities are readily
available or obtainable—s 158(2)–(3). In Nzama 1997 (1) SACR 542 (D) the
court ordered that the witness should be permitted to testify behind closed
doors; that the witness be excused from disclosing his real name to the court and
be permitted to adopt any pseudonym for the purposes of the trial; that no
person be permitted to reveal the witness’s identity; and that his evidence be
published only to the extent that it will not disclose or tend to disclose his
identity. Section 158(5) of the Criminal Procedure Act requires a court to give
(6) The trial of the accused commences at his first appearance in court. False, A
criminal trial commences once an accused has pleaded in the court that has the
required jurisdiction to hear evidence in order to pronounce on the guilt or
otherwise of the accused concern
(7) The right of the accused to be present in court cannot be limited in any way.
(8) In Baloyi 2000 (1) SACR 81 (CC) it was held that no one can be convicted
without a fair trial.
,(9) The right to a fair trail in terms of section 35(3) of the Constitution includes the
right to have police bail.
(10) The fair trial principle does not include appeal process.
(11) The fair trial does not demand that there should be informed participation by the
unrepresented accused.
(12) The presiding judicial officer has a right to cross examine the accused.
(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.
(14) In terms of the principle of judicial control, neither the state nor the accused
should be permitted to reopen their cases once closed.
(15) A criminal trail is a state-sponsored private judicial oral hearing.
(16) A charge valid even if it does not sets out the particulars of an offence with which
an accused is charged.
(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.
(18) The court must enter a plea of guilty if the accused refuses to plead or answer
directly to the charge.
(19) Section 77 of the CPA sets out the requirements with which a charge should
comply.
(20) A defect in the charge sheet or indictment may be cured by evidence
(21) Section 81 of the CPA allows the amendment of the charge sheets that are
defective.
(22) If the prosecutor refuses to provide further particulars and the court concurs with
the prosecutor, the presiding officer may lodge an appeal.
(23) The summary of the essential facts does not form part of the indictment in a high
Court.
(24) Where the state relies on common purpose, it is essential to allege the common
purpose in the charge sheet.
(25) When during the trail, it appears that any words or particulars in an indictment or
charge are superfluous, no amendment can be made.
(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.
(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.
(28) A plea of autrefois acquit implies that the accused was previously acquitted of the
offence with which he or she is currently charged.
(29) A plea of autrefois acquit implies that the accused was previously convicted of
the offence with which he or she is currently charged.
, (30) A plea of autrefois convict implies that the accused was previously acquitted of
the offence with which he or she is currently charged.
(31) A plea of autrefois convict is used at the end of the trial of the trial after
conviction.
(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.
(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.
(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.
(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.
(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.
(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.
(38) Statutory plea bargaining can only take place where the state is represented by
the state Advocate.
(39) Statutory plea bargaining can only take place where the accused is not
represented.
(40) Section 115 of the CPA can be used to alter a plea of guilty to one of not guilty
where, during the arraignment phases, the court finds that the accused has a
defence.
(41) Section 111 of the CPA can be used to alter a plea of guilty to one of not guilty
where, during the arraignment phases, the court finds that the accused has a
defence.
(42) The accused once pleaded, he/she is bound by that plea and under no
circumstances can he or she change it.
(43) An accused may tender the plea that the court does not have jurisdiction to hear
the case
(44) After pleading, the accused is entitled, without exception, to a verdict.
(45) After pleading, the accused is entitled, without exception, to a sentence
(46) A witness may plead truth and public benefit where the charge is one of criminal
defamation.
(47) Section 115 of the CPA allows the accused to plead not guilty and to admit to
certain elements of the offence.
(48) Bail is inherently penal in nature.
(49) Bail can be used to deter other would-be offenders.
(50) The accused person’s previous convictions or pending charges are irrelevant for
the consideration of release on bail.
