CPR3701 CRIMINAL PROCEDURE 2025
1. Indictment and charge sheets - correct-answers-Section 32 of the constitution gives the right
to everyone to have access to any documents held by the state in exercising and protecting
their rights. Section 35 -3 gives the accused the right to a fair trial which includes the right to
be given enough information regarding the charge to answer it.
2. Police docket - correct-answers-Could be privileged in certain circumstances - Shabalala in
which this shows that the docket contains state secrets, methods of investigation, state
witnesses and information. It could lead to the intimidation of witnesses
3. Section 39 - promotion of access to information - correct-answers-The accused can be refused
access to the police docket if the disclosure could prejudice the police investigation or the
prosecution of the offense.
4. Golden rule - correct-answers-Pillar the charge sheet or indictment must, a: tell the accused of
the charges against him. B: in clear unambiguous language. Section 35- 5 of the constitution
the right to be told of the charge with sufficient detail to answer it.
5. Section 84 - correct-answers-The following must be disclosed- name of the offense. Elements
of the offense. Time and place. Person against whom the offense was committed.
6. Time - correct-answers-Section 92. -1 if time isn't an essential element of the crime, a failure to
refer to won't render the charge defective. 92-2 if the wrong time is mentioned and it is not
essential to the crime then as long as the correct time is within 3 months of the wrong time
mentioned, you can prove the correct time in the the trial.
7. Place - correct-answers-The place may also be important - some crime can only be committed
in public places- reckless driving. The charge will be defective if it does not allege that the
crime was committed in such a place.
8. Corrections on the charge sheet - correct-answers-Where it is defective because of an essential
element is missing.
9. Where there is variance between an averment in the charge and the evidence proofs the
averment. Where the words were omitted or inserted or any other is made.
10. Section 86 - correct-answers-An amendment only if the court considers that making an
amendment won't prejudice the accused, there is not prejudice if there is a slight variance or
where it is clear that the defense remain the same.
11. Section 88 - correct-answers-Allow for the defects to be cured by evidence.
12. Splitting of charges and duplication of convictions - correct-answers-A person can commit 1 or
more offenses but should not be convicted of all offenses, he can be charged. E.g. rape and
break in.
13. Section 83 - correct-answers-Accused may be charged with all the offenses and or or s number
of such charges, he may be tried at once or be charged in the alternative without having
committed any number of such charges.
14. Grobler 1966 - correct-answers-In this decision the origin and application of the rule is
extensively traced and the opinion is expressed that section 83 deals with the procedure which
may be adopted in the formulation of charges not of punishment.
1. Indictment and charge sheets - correct-answers-Section 32 of the constitution gives the right
to everyone to have access to any documents held by the state in exercising and protecting
their rights. Section 35 -3 gives the accused the right to a fair trial which includes the right to
be given enough information regarding the charge to answer it.
2. Police docket - correct-answers-Could be privileged in certain circumstances - Shabalala in
which this shows that the docket contains state secrets, methods of investigation, state
witnesses and information. It could lead to the intimidation of witnesses
3. Section 39 - promotion of access to information - correct-answers-The accused can be refused
access to the police docket if the disclosure could prejudice the police investigation or the
prosecution of the offense.
4. Golden rule - correct-answers-Pillar the charge sheet or indictment must, a: tell the accused of
the charges against him. B: in clear unambiguous language. Section 35- 5 of the constitution
the right to be told of the charge with sufficient detail to answer it.
5. Section 84 - correct-answers-The following must be disclosed- name of the offense. Elements
of the offense. Time and place. Person against whom the offense was committed.
6. Time - correct-answers-Section 92. -1 if time isn't an essential element of the crime, a failure to
refer to won't render the charge defective. 92-2 if the wrong time is mentioned and it is not
essential to the crime then as long as the correct time is within 3 months of the wrong time
mentioned, you can prove the correct time in the the trial.
7. Place - correct-answers-The place may also be important - some crime can only be committed
in public places- reckless driving. The charge will be defective if it does not allege that the
crime was committed in such a place.
8. Corrections on the charge sheet - correct-answers-Where it is defective because of an essential
element is missing.
9. Where there is variance between an averment in the charge and the evidence proofs the
averment. Where the words were omitted or inserted or any other is made.
10. Section 86 - correct-answers-An amendment only if the court considers that making an
amendment won't prejudice the accused, there is not prejudice if there is a slight variance or
where it is clear that the defense remain the same.
11. Section 88 - correct-answers-Allow for the defects to be cured by evidence.
12. Splitting of charges and duplication of convictions - correct-answers-A person can commit 1 or
more offenses but should not be convicted of all offenses, he can be charged. E.g. rape and
break in.
13. Section 83 - correct-answers-Accused may be charged with all the offenses and or or s number
of such charges, he may be tried at once or be charged in the alternative without having
committed any number of such charges.
14. Grobler 1966 - correct-answers-In this decision the origin and application of the rule is
extensively traced and the opinion is expressed that section 83 deals with the procedure which
may be adopted in the formulation of charges not of punishment.
