CPR3701-TEST YOURSELF QUESTIONS.

SOME OF THE STATEMENTS ARE CORRECT WHILE SOME ARE INCORRECT. YOU MUST BE ABLE TO IDENTIFY THE CORRECT AND THE INCORRECT. (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. (2) Persons who through participation in the same transaction commit different offences cannot be jointly tried. (3) Any number of offences committed by the accused cannot be charged against him or her 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. (5) The court cannot, whether on application or not, order the accused/the witness to give evidence by way of closed-circuit television. (6) The trial of the accused commences at his first appearance in court. (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. CPR3701-TEST YOURSELF QUESTIONS. (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.