CPR3701 EXAM PACK.
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CPR3701 TEST YOUR SELF MCQ QUESTIONS From Lecture May 2020
Answers from no: 1 - 49 TL201/1/2018 and TL 201/2/2018
TB = Text Book, SG = Study Guide
1. Open justice can be equated with the concept that justice must be “seen to be
done”. 1 (True)
2. Open just...
CPR3701 TEST YOUR SELF MCQ QUESTIONS From Lecture May 2020
Answers from no: 1 - 49 TL201/1/2018 and TL 201/2/2018
TB = Text Book, SG = Study Guide
1. Open justice can be equated with the concept that justice must be “seen to be
done”. 1 (True)
2. Open justice is protected by the right to a fair trial and is an absolute right. 2 (False)
3. The court cannot exclude any member of the public from the trial of an adult
accused. 2 (False)
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.
1 (True)
5. Co-accused are ordered numerically. 1 (True)
6. The prosecution decides the numerical order of co-accused at a trial. 1 (True)
7. The court can of its own accord raise the issue of separation. 1 (True)
8. The principle of legality is constitutionally entrenched. 1 (True)
9. The principle of equality of arms is founded on equal opportunities being available
to both the state and the defence to prove their respective cases. 1 (True)
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit. 1 (True)
11. Where required, the entire judgment of the court must be translated into a language
that the accused understands. 1 (True)
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12. In cases where the charge pertains to multiple acts or omissions, the court must
deliver judgment separately on each individual charge. 2 (False)
13. Some sentences do not constitute punishments. 1 (True)
14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles
of sentencing. 1 (True)
15. Imprisonment, committal to a treatment centre, a fine and correctional supervision
are the only sentences that can be imposed by a court. 2 (False)
16. Periodical imprisonment is a form of short-term imprisonment and is also informally
known as “weekend imprisonment”. 1 (True)
17. The Constitution secures a general right of review. 1 (True)
18. Fairness no longer entails enquiring whether there was a failure of justice, but
whether the trial was fair. 1 (True)
19. Review is more appropriate than appeal in cases where the accused is dissatisfied
with the procedures during the trial. 1 (True)
20. There is a general right of appeal in South Africa. 1 (True)
21. The right of appeal is justifiably limited by section 36 of the Constitution. 1 (True)
22. A person can appeal against the sentence imposed or the conviction – not both. 2
(False)
23. The Constitution empowers the President to pardon or reprieve offenders in certain
circumstances. 1 (True)
24. The President is empowered to remit any fine, penalty or forfeiture within the
confines of the Constitution. 1 (True)
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25. The Department of Justice and Constitutional Development has the sole
responsibility to expunge records on application by the accused. 1 (True)
26. The notion of “open justice” establishes a protective function in respect of the fair-
trial rights of the accused. 1 (True)
27. Open justice can be limited in cases where the accused is in danger of being
exposed as a state informant. 1 (True)
28. The accused can testify by way of closed-circuit television in cases where an open
trial may cause him or her emotional or physical harm. 1 (True)
29. Witnesses are protected in cases of sexual assault and extortion by way of the
court’s discretion to “close the court”. 1 (True)
30. Irrespective of the charge, if a matter relates to an adult accused and complainant,
the court cannot exclude the public from the trial in the interests of justice. 2
(False)
31. The court, the prosecutor and the accused all have the power to subpoena
witnesses. 1 (True)
32. The advantage of a joint trial is that it saves the state resources and time. 1 (True)
33. Joinder is permissive and not imperative. 1 (True)
34. The decision to separate a trial is at the discretion of the presiding officer. 1 (True)
35. Cross-examination of a witness by the court is permissible within the bounds of
reasonableness. 2 (False)
36. The principle of equality of arms can be related to the competence of both the
prosecutor and the representative for the defence. 1 (True)
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