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CPR3701 MCQ QUESTIONS AND ANSWERS

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1. Open justice can be equated with the concept that justice must be “seen to be done”. TRUE 2. Open justice is protected by the right to a fair trial and is an absolute right. FALSE 3. The court cannot exclude any member of the public from the trial of an adult accused. 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. TRUE. P.316 5. Co-accused are ordered numerically. TRUE. P.323 6. The prosecution decides the numerical order of co-accused at a trial. TRUE. P.323 7. The court can of its own accord raise the issue of separation. TRUE. P.327 8. The principle of legality is constitutionally entrenched.TRUE. P.333 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. TRUE. P 335 10. The merits of a case are the cardinal point of the court’s considerations when determining whether to convict or acquit. TRUE 11. Where required, the entire judgment of the court must be translated into a language that the accused understands. TRUE. P.350. 12. In cases where the charge pertains to multiple acts or omissions, the court must deliver judgment separately on each individual charge. FALSE. P.351 13. Some sentences do not constitute punishments. TRUE. P375 14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles of sentencing. TRUE. P.376 15. Imprisonment, committal to a treatment centre, a fine and correctional supervision are the only sentences that can be imposed by a court. FALSE. P.384 16. Periodical imprisonment is a form of short-term imprisonment and is also informally known as “weekend imprisonment”. TRUE. P.389 17. The Constitution secures a general right of review. TRUE. P.413 18. Fairness no longer entails enquiring whether there was a failure of justice, but whether the trial was fair. TRUE. P.414 19. Review is more appropriate than appeal in cases where the accused is dissatisfied with the procedures during the trial.TRUE. P.421 20. There is a general right of appeal in South Africa. TRUE. 21. The right of appeal is justifiably limited by section 36 of the Constitution. TRUE. P.448 22. A person can appeal against the sentence imposed or the conviction – not both. FALSE. P421 23. The Constitution empowers the President to pardon or reprieve offenders in certain circumstances. TRUE. P.505 24. The President is empowered to re

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