CPR3701-CRIMINAL PROCEDURE
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Terms in this set (50)
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
Indictment and
rights. Section 35 -3 gives the
charge sheets
accused the right to a fair trial which
includes the right to be given
enough information regarding the
charge to answer it.
, Could be privileged in certain
circumstances - Shabalala in which
this shows that the docket contains
Police docket state secrets, methods of
investigation, state witnesses and
information. It could lead to the
intimidation of witnesses
The accused can be refused access
Section 39 -
to the police docket if the disclosure
promotion of
could prejudice the police
access to
investigation or the prosecution of
information
the offense.
Pillar the charge sheet or indictment
must, a: tell the accused of the
charges against him. b: in clear
Golden rule unambiguous language. Section 35-
5 of the constitution the right to be
told of the charge with sufficient
detail to answer it.
The following must be disclosed-
name of the offense. Elements of the
Section 84 offense. Time and place. Person
against whom the offense was
committed.
, 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
Time
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.
The place may also be important -
some crime can only be committed
in public places- reckless driving.
Place
The charge will be defective if it
does not allege that the crime was
committed in such a place.
Where it is defective because of an
essential element is missing.
Where there is variance between an
Corrections on
averment in the charge and the
the charge sheet
evidence proofs the averment.
Where the words were omitted or
inserted or any other is made.
2025 Actual exam (Testing Real
Exam Questions)and verified
Answers ( 100% accurate) GET IT
RIGHT!!
Save
Terms in this set (50)
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
Indictment and
rights. Section 35 -3 gives the
charge sheets
accused the right to a fair trial which
includes the right to be given
enough information regarding the
charge to answer it.
, Could be privileged in certain
circumstances - Shabalala in which
this shows that the docket contains
Police docket state secrets, methods of
investigation, state witnesses and
information. It could lead to the
intimidation of witnesses
The accused can be refused access
Section 39 -
to the police docket if the disclosure
promotion of
could prejudice the police
access to
investigation or the prosecution of
information
the offense.
Pillar the charge sheet or indictment
must, a: tell the accused of the
charges against him. b: in clear
Golden rule unambiguous language. Section 35-
5 of the constitution the right to be
told of the charge with sufficient
detail to answer it.
The following must be disclosed-
name of the offense. Elements of the
Section 84 offense. Time and place. Person
against whom the offense was
committed.
, 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
Time
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.
The place may also be important -
some crime can only be committed
in public places- reckless driving.
Place
The charge will be defective if it
does not allege that the crime was
committed in such a place.
Where it is defective because of an
essential element is missing.
Where there is variance between an
Corrections on
averment in the charge and the
the charge sheet
evidence proofs the averment.
Where the words were omitted or
inserted or any other is made.
