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UNIVERSITY EXAMINATIONS UNIVERSITEITSEKSAMENS
UNISA university
of south africa
CPR3701 May/June 2020
Criminal Procedure
Duration : 2 Hours 80 Marks
EXAMINERS :
FIRST : DR TL MABUSELA MR KG MOHLAKE
SECOND : PROF F CASSIM
CONFIDENTIAL
This paper consists of 12 pages.
INSTRUCTIONS FOR A FULL MCQ EXAM WITH ASSESSMENT INFO TOOL ON
MYUNISA
1. The examination is consists of Multiple-Choice Question types only.
2. The examination question paper counts 80 marks and consists of 40 Multiple-Choice
Questions each worth 2 marks. Answer all of the questions.
3. The duration of the examination is 2 hours. You will be allowed a further thirty (30)
minutes after the conclusion of the official examination period to upload your
examination responses (answers) onto the myUnisa platform for further processing.
4. This is a closed-book examination. While the examination is in progress, you are not
allowed to consult another person or any source in order to assist you to answer any of
the questions contained in this question paper. You may also not assist another student
in answering any of the questions contained in this question paper.
5. The answers to this MCQ examination may only be submitted online on myUnisa. The
Unisa MCQ App cannot be used for examination submissions.
5.1 Access myUnisa at https://my.unisa.ac.za/portal and login using your student number
and myUnisa password.
5.2 Click on the “myAdmin” tab in the top navigation
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5.3 In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down
list
• A list of all available assessments will display
• Find the corresponding examination assessment number for your module
• Click on the Submit link in the Action column and follow the steps described
below.
Step 1: Enter the total number of questions required for the assessment.
• Enter the total number of questions for your assessment in the Number of
Questions field
• Click on the Continue button.
Step 2: Fill out multiple-choice question answers
The number of questions requested in the previous step will now be displayed with five
answer options next to each one. Please note that each row represents a question in
your assignment.
• Click on the radio button [the small circle] that corresponds to your answer for
that question.
• Click on the Continue button to move to step 3.
• If you want to restart the assignment, click on Clear Form to removeall your
selections and start from new.
Step 3: Verify the answers to your multiple-choice assignment
This screen presents a summary of all your answers. Use it as a final check.
• Click on the Continue button to submit your assignment. If you do not click
Continue, no submission action will take place.
• If you want to redo the answers to the assignment, click Back to go back to the
previous step.
Step 4: Assessment submission report
This is your proof that your examination answers were successfully submitted. If
you do not see this screen, Unisa has not received your submission.
It is advisable to print this page or make a screen capture for record purposes. A copy
of this page will also be emailed to your myLife email account.
PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent and
automatically deferred to the October/November 2020 examination. No other type of
submission of your examination answers will be accepted.
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Question 1
In general.
(a) a trial may take place in the absence of the accused where he/she waives his/her right to
attend.
(b) the verdict and sentence must, notwithstanding (a) above, be handed down in the presence
of the accused or his/her duly authorised representative.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (b) is incorrect.
[4] Only statement (a) is incorrect.
Question 2
The exceptions to the general rule that a trial must take place in the presence of the accused may
include:
(a) exclusion of the accused due to the misbehaviour of the accused person’s witnesses
(b) the situation where a co-accused applies to court to exclude an accused
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
Question 3
(a) The charges against an accused are formulated before the completion of the investigation.
(b) An accused is required to plead to the charges and undergo a preparatory examination
before he/she is arraigned for trial.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
Question 4
(a) A plea of autrefois acquit cannot be sustained in terms of section 122A of the CPA.
(b) A plea of autrefois convict cannot be sustained in terms of section 122A of the CPA.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
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Question 5
(a) Section 205 is specially designed to compel a potential witness to reveal his knowledge of
an alleged crime, which he or she refuses to disclose to the police.
(b) In certain circumstances, searches may be conducted without a warrant.
[1] All of the statements are incorrect.
[2] All of the statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
Question 6
(a) Bail is a form of monetary release from custody.
(b) Bail is inherently penal in nature.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
Question 7
(a) During a bail application, the court may consider, as a factor, the prevalence of the type of
crime with which the accused has been charged.
(b) The accused person’s previous convictions or pending charges are irrelevant for purposes
of bail.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
Question 8
(a) The strict rules of evidence are relaxed during bail applications.
(b) Hearsay is admissible during a bail application.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
[Turn over]
PDFelement
UNIVERSITY EXAMINATIONS UNIVERSITEITSEKSAMENS
UNISA university
of south africa
CPR3701 May/June 2020
Criminal Procedure
Duration : 2 Hours 80 Marks
EXAMINERS :
FIRST : DR TL MABUSELA MR KG MOHLAKE
SECOND : PROF F CASSIM
CONFIDENTIAL
This paper consists of 12 pages.
INSTRUCTIONS FOR A FULL MCQ EXAM WITH ASSESSMENT INFO TOOL ON
MYUNISA
1. The examination is consists of Multiple-Choice Question types only.
2. The examination question paper counts 80 marks and consists of 40 Multiple-Choice
Questions each worth 2 marks. Answer all of the questions.
3. The duration of the examination is 2 hours. You will be allowed a further thirty (30)
minutes after the conclusion of the official examination period to upload your
examination responses (answers) onto the myUnisa platform for further processing.
4. This is a closed-book examination. While the examination is in progress, you are not
allowed to consult another person or any source in order to assist you to answer any of
the questions contained in this question paper. You may also not assist another student
in answering any of the questions contained in this question paper.
5. The answers to this MCQ examination may only be submitted online on myUnisa. The
Unisa MCQ App cannot be used for examination submissions.
5.1 Access myUnisa at https://my.unisa.ac.za/portal and login using your student number
and myUnisa password.
5.2 Click on the “myAdmin” tab in the top navigation
[Turn over]
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Page 2 of 13 May/June 2020
5.3 In the “Assessments” submenu, click on the “Assessment Info” tool in the drop-down
list
• A list of all available assessments will display
• Find the corresponding examination assessment number for your module
• Click on the Submit link in the Action column and follow the steps described
below.
Step 1: Enter the total number of questions required for the assessment.
• Enter the total number of questions for your assessment in the Number of
Questions field
• Click on the Continue button.
Step 2: Fill out multiple-choice question answers
The number of questions requested in the previous step will now be displayed with five
answer options next to each one. Please note that each row represents a question in
your assignment.
• Click on the radio button [the small circle] that corresponds to your answer for
that question.
• Click on the Continue button to move to step 3.
• If you want to restart the assignment, click on Clear Form to removeall your
selections and start from new.
Step 3: Verify the answers to your multiple-choice assignment
This screen presents a summary of all your answers. Use it as a final check.
• Click on the Continue button to submit your assignment. If you do not click
Continue, no submission action will take place.
• If you want to redo the answers to the assignment, click Back to go back to the
previous step.
Step 4: Assessment submission report
This is your proof that your examination answers were successfully submitted. If
you do not see this screen, Unisa has not received your submission.
It is advisable to print this page or make a screen capture for record purposes. A copy
of this page will also be emailed to your myLife email account.
PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent and
automatically deferred to the October/November 2020 examination. No other type of
submission of your examination answers will be accepted.
[Turn over]
, Wondershare
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Page 3 of 13 May/June 2020
Question 1
In general.
(a) a trial may take place in the absence of the accused where he/she waives his/her right to
attend.
(b) the verdict and sentence must, notwithstanding (a) above, be handed down in the presence
of the accused or his/her duly authorised representative.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (b) is incorrect.
[4] Only statement (a) is incorrect.
Question 2
The exceptions to the general rule that a trial must take place in the presence of the accused may
include:
(a) exclusion of the accused due to the misbehaviour of the accused person’s witnesses
(b) the situation where a co-accused applies to court to exclude an accused
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
Question 3
(a) The charges against an accused are formulated before the completion of the investigation.
(b) An accused is required to plead to the charges and undergo a preparatory examination
before he/she is arraigned for trial.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
Question 4
(a) A plea of autrefois acquit cannot be sustained in terms of section 122A of the CPA.
(b) A plea of autrefois convict cannot be sustained in terms of section 122A of the CPA.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
[Turn over]
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Question 5
(a) Section 205 is specially designed to compel a potential witness to reveal his knowledge of
an alleged crime, which he or she refuses to disclose to the police.
(b) In certain circumstances, searches may be conducted without a warrant.
[1] All of the statements are incorrect.
[2] All of the statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
Question 6
(a) Bail is a form of monetary release from custody.
(b) Bail is inherently penal in nature.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
Question 7
(a) During a bail application, the court may consider, as a factor, the prevalence of the type of
crime with which the accused has been charged.
(b) The accused person’s previous convictions or pending charges are irrelevant for purposes
of bail.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
Question 8
(a) The strict rules of evidence are relaxed during bail applications.
(b) Hearsay is admissible during a bail application.
[1] Both statements are incorrect.
[2] Both statements are correct.
[3] Only statement (a) is incorrect.
[4] Only statement (b) is incorrect.
[Turn over]
