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CPR3701 TEST YOUR SELF MCQ QUESTIONS
1. Open justice can be equated with the concept that justice must be “seen to be
done”. T
2. Open justice is protected by the right to a fair trial and is an absolute right. F
3. The court cannot exclude any member of the public from the trial of an adult
accused. F
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.
T
5. Co-accused are ordered numerically. T
6. The prosecution decides the numerical order of co-accused at a trial. T
7. The court can of its own accord raise the issue of separation. T
8. The principle of legality is constitutionally entrenched. T
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. T
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit. T
11. Where required, the entire judgment of the court must be translated into a
language that the accused understands. T
12. In cases where the charge pertains to multiple acts or omissions, the court must
deliver judgment separately on each individual charge. F
13. Some sentences do not constitute punishments. T
14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles
of sentencing. T
15. Imprisonment, committal to a treatment centre, a fine and correctional
supervision are the only sentences that can be imposed by a court. F
16. Periodical imprisonment is a form of short-term imprisonment and is also
informally known as “weekend imprisonment”. T
17. The Constitution secures a general right of review. T
18. Fairness no longer entails enquiring whether there was a failure of justice, but
whether the trial was fair. T
,19. Review is more appropriate than appeal in cases where the accused is
dissatisfied with the procedures during the trial. T
20. There is a general right of appeal in South Africa. T
21. The right of appeal is justifiably limited by section 36 of the Constitution. T
22. A person can appeal against the sentence imposed or the conviction – not both.F
23. The Constitution empowers the President to pardon or reprieve offenders in
certain circumstances. T
24. The President is empowered to remit any fine, penalty or forfeiture within the
confines of the Constitution. T
25. The Department of Justice and Constitutional Development has the sole
responsibility to expunge records on application by the accused. T
26. The notion of “open justice” establishes a protective function in respect of the
fair-trial rights of the accused. T
27. Open justice can be limited in cases where the accused is in danger of being
exposed as a state informant. T
28. The accused can testify by way of closed-circuit television in cases where an
open trial may cause him or her emotional or physical harm. T
29. Witnesses are protected in cases of sexual assault and extortion by way of the
court’s discretion to “close the court”. T
30. Irrespective of the charge, if a matter relates to an adult accused and
complainant, the court cannot exclude the public from the trial in the interests of
justice. F
31. The court, the prosecutor and the accused all have the power to subpoena
witnesses. T
32. The advantage of a joint trial is that it saves the state resources and time. T
33. Joinder is permissive and not imperative. T
34. The decision to separate a trial is at the discretion of the presiding officer. T
35. Cross-examination of a witness by the court is permissible within the bounds of
reasonableness. F
36. The principle of equality of arms can be related to the competence of both the
prosecutor and the representative for the defence. T
37. An ex tempore judgment does not infringe on the right of the accused to a
speedy trial. T
, 38. An improper delay in delivering judgment undermines public confidence in the
judicial system. T
39. Community service as a condition of a suspended sentence is not considered a
punishment. F
40. Most statutory offences are enacted with an attendant penalty clause. T
41. Tradition seems to indicate that the state and the accused must supply the
information required by the court during trial on sentencing. T
42. Compensation and restitution are forms of restorative sentences. T
43. Review is not solely the domain of the CPA. T
44. The Superior Courts Act does not provide for review in criminal proceedings. F
45. Judicial review has a common-law origin. T
46. Any conviction, sentence or order of a lower court, and even a discharge after
conviction, are subject to leave to appeal. T
47. An appeal on the facts relates to the merits of the matter in the trial court. T
48. If the appellant files a notice of appeal after the prescribed period, he or she can
apply for condonation, although the court is not obliged to grant it. T
49. Expungement takes place in one of three ways: automatically, on application or
when a certain period has lapsed. T
50. The Constitution entrenches the right to a public trial. T
51. The right to a public trial can be validly limited where necessary. T
52. In terms of the CJA, open justice is generally limited. T
53. Open justice can be limited when the complainant is under the age of 18 years. T
54. In principle, an accused is entitled to access exculpatory documents in the
docket. T
55. Where an accused is charged with a common law offence, the only requirement
is that it be named in order for the charge sheet to be valid. F
56. Sections 86 and 88 of the CPA make provision for the same action in respect of
the correction of a defect in the charge sheet. F Acc tut 201 2017
57. Provided that the accused is not prejudiced, section 86 can be used to replace a
charge with another in the same matter. F
58. Circuit courts deviate jurisdictionally from the fixed division or seat of court. F
Acc tut 201 2017 q3a
CPR3701 TEST YOUR SELF MCQ QUESTIONS
1. Open justice can be equated with the concept that justice must be “seen to be
done”. T
2. Open justice is protected by the right to a fair trial and is an absolute right. F
3. The court cannot exclude any member of the public from the trial of an adult
accused. F
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.
T
5. Co-accused are ordered numerically. T
6. The prosecution decides the numerical order of co-accused at a trial. T
7. The court can of its own accord raise the issue of separation. T
8. The principle of legality is constitutionally entrenched. T
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. T
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit. T
11. Where required, the entire judgment of the court must be translated into a
language that the accused understands. T
12. In cases where the charge pertains to multiple acts or omissions, the court must
deliver judgment separately on each individual charge. F
13. Some sentences do not constitute punishments. T
14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles
of sentencing. T
15. Imprisonment, committal to a treatment centre, a fine and correctional
supervision are the only sentences that can be imposed by a court. F
16. Periodical imprisonment is a form of short-term imprisonment and is also
informally known as “weekend imprisonment”. T
17. The Constitution secures a general right of review. T
18. Fairness no longer entails enquiring whether there was a failure of justice, but
whether the trial was fair. T
,19. Review is more appropriate than appeal in cases where the accused is
dissatisfied with the procedures during the trial. T
20. There is a general right of appeal in South Africa. T
21. The right of appeal is justifiably limited by section 36 of the Constitution. T
22. A person can appeal against the sentence imposed or the conviction – not both.F
23. The Constitution empowers the President to pardon or reprieve offenders in
certain circumstances. T
24. The President is empowered to remit any fine, penalty or forfeiture within the
confines of the Constitution. T
25. The Department of Justice and Constitutional Development has the sole
responsibility to expunge records on application by the accused. T
26. The notion of “open justice” establishes a protective function in respect of the
fair-trial rights of the accused. T
27. Open justice can be limited in cases where the accused is in danger of being
exposed as a state informant. T
28. The accused can testify by way of closed-circuit television in cases where an
open trial may cause him or her emotional or physical harm. T
29. Witnesses are protected in cases of sexual assault and extortion by way of the
court’s discretion to “close the court”. T
30. Irrespective of the charge, if a matter relates to an adult accused and
complainant, the court cannot exclude the public from the trial in the interests of
justice. F
31. The court, the prosecutor and the accused all have the power to subpoena
witnesses. T
32. The advantage of a joint trial is that it saves the state resources and time. T
33. Joinder is permissive and not imperative. T
34. The decision to separate a trial is at the discretion of the presiding officer. T
35. Cross-examination of a witness by the court is permissible within the bounds of
reasonableness. F
36. The principle of equality of arms can be related to the competence of both the
prosecutor and the representative for the defence. T
37. An ex tempore judgment does not infringe on the right of the accused to a
speedy trial. T
, 38. An improper delay in delivering judgment undermines public confidence in the
judicial system. T
39. Community service as a condition of a suspended sentence is not considered a
punishment. F
40. Most statutory offences are enacted with an attendant penalty clause. T
41. Tradition seems to indicate that the state and the accused must supply the
information required by the court during trial on sentencing. T
42. Compensation and restitution are forms of restorative sentences. T
43. Review is not solely the domain of the CPA. T
44. The Superior Courts Act does not provide for review in criminal proceedings. F
45. Judicial review has a common-law origin. T
46. Any conviction, sentence or order of a lower court, and even a discharge after
conviction, are subject to leave to appeal. T
47. An appeal on the facts relates to the merits of the matter in the trial court. T
48. If the appellant files a notice of appeal after the prescribed period, he or she can
apply for condonation, although the court is not obliged to grant it. T
49. Expungement takes place in one of three ways: automatically, on application or
when a certain period has lapsed. T
50. The Constitution entrenches the right to a public trial. T
51. The right to a public trial can be validly limited where necessary. T
52. In terms of the CJA, open justice is generally limited. T
53. Open justice can be limited when the complainant is under the age of 18 years. T
54. In principle, an accused is entitled to access exculpatory documents in the
docket. T
55. Where an accused is charged with a common law offence, the only requirement
is that it be named in order for the charge sheet to be valid. F
56. Sections 86 and 88 of the CPA make provision for the same action in respect of
the correction of a defect in the charge sheet. F Acc tut 201 2017
57. Provided that the accused is not prejudiced, section 86 can be used to replace a
charge with another in the same matter. F
58. Circuit courts deviate jurisdictionally from the fixed division or seat of court. F
Acc tut 201 2017 q3a
