CPR3701 MCQ QUESTIONS AND ANSWERS VERIFIED

CPR3701 MCQ QUESTIONS AND ANSWERS VERIFIED CPR3701 TEST YOURSELF MCQ QUESTIONS 1. Open justice can be equated with the concept that justice must be “seen to be done”. True – The general principle is that the conduct of criminal trials should take place in open court and in the presence of the accused: an accused’s right to a fair trial includes the right to a public trial as protected in s 35(3)(c) of the Constitution. This means that the public is generally entitled to be present. The concept of courts open to the public underscores the more comprehensive notion of open justice. The concept of open justice embraces issues relevant to an open democracy, such as fairness, accessibility, transparency, accountability of the judicial system and freedom of expression. The principle of open justice is based on two main considerations. The first is the notion of a fair trial, of which openness is regarded as an important component. The second is a consideration of publicity: members of the public are entitled to be informed of the conduct of criminal proceedings, and the administration of justice benefits from the publicity given to such proceedings (TEXTBOOK – 314 or 281 of electronic copy) 2. Open justice is protected by the right to a fair trial and is an absolute right. False – The latter consideration embraces the notion that open justice demonstrates that justice dispensed in the courts is accessible to all, and is fundamental to the proper functioning of a transparent justice system, to enhancing accountability and deterring misconduct. However, while recognising that the open court principle is not absolute, given the potential conflict with the demands of privacy, security and protection, the question is how the courts have to balance the constitutional rights of an accused on the one hand and protecting the interests of the administration of justice, vulnerable witnesses and children on the other hand. (TB 314 or 281) 3. The court cannot exclude any member of the public from the trial of an adult accused. False – It may. In terms of s 153(1) of the Criminal Procedure Act all courts are empowered to exclude the public from their proceedings whenever it appears to be in the interests of the security of the State or of good order, public morals, or the administration of justice. Section 154(1) authorises the court to order that no information relating to such proceedings may be published; but the court must allow publication of personal information of the accused, his plea, the charge, verdict and sentence, unless the court finds that such publication may defeat the object of its direction under s 153(1). (TB 315 or 282) 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 – Whenever the Director of Public Prosecutions thinks that there is any danger that a potential State witness in respect of specified offences may be tampered with or intimidated, or that such witness may abscond, or whenever he deems it in the interest of the witness or of the administration of justice, he may apply to a judge in chambers for an order that such witness be detained pending the relevant proceedings—s 1