TESTS & QUIZZES

2023-2 CCP Main

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Part 1 of 1 - 2022-1 CCP MCQ / 100.0 Points

Question 1 of 100 1.0 Points

If your client (who is being detained) informs you during such a visit that he/she is being
mistreated by the police, it is best to inform the ______ of your client’s complaint. This will
ensure that the complaint receives proper attention.

 A. station commander

 B. investigation officer

 C. charge-office commander

 D. provincial commissioner

Question 2 of 100 1.0 Points

The ground rule is that evidence ______ be relevant to be admissible.

 A. may

 B. could

 C. normally should

 D. must
 Question 3 of 100 1.0 Points
______ can informally agree with a person or his/her legal representative that he/she would, on
certain conditions, not institute a prosecution against him/her. This type of agreement is usually
reached on condition that the person gives his/her co-operation to the police in the investigation
of an offence and is prepared to testify against another participant, usually the main perpetrator.

 A. A DPP

 B. A Magistrate

 C. An Investigator

 D. A Registrar

Question 4 of 100 1.0 Points

Please take note never to introduce yourself alone to the presiding chair without the ______
being present.

 A. Accused

 B. Clerk of the Court

 C. Registrar

 D. Prosecutor

Question 5 of 100 1.0 Points

Only one offence is committed where an accused commits ______, each of which constitutes a
separate offence, but both acts are required to give effect to the single intent. This test is known
as the ‘continuous act with a single intent or single object’.
  A. two acts with two intents

 B. three acts with multiple intents

 C. one act with two intents

 D. two acts with a single intent

Question 6 of 100 1.0 Points

Section 59 of the CPA provides that bail may be granted before the _______ appearance of the
accused in the Lower Court if the accused is in custody in respect of any offence other than an
offence referred to in Part II or Part III of Schedule 2.

 A. first

 B. second

 C. third

 D. fourth

Question 7 of 100 1.0 Points

The offender may take the conviction and sentence on review if the proceedings did not take
place in accordance with justice or if the admission of guilt fine was paid under ______ (see
Section 304(4) of the CPA).

 A. undue influence

 B. mistake

 C. fraudulent circumstances
  D. duress or mistake

Question 8 of 100 1.0 Points

Once a case docket is received from the police, the DPP (or senior public prosecutor in the case
of a Lower Court) normally appoints _______ from his/her staff to peruse it and advise him/her
on whether or not to institute a prosecution.

 A. an investigating officer

 B. a magistrate

 C. a prosecutor

 D. an orderly

Question 9 of 100 1.0 Points

The High Courts in South Africa are divided into the Constitutional Court, the Supreme Court of
Appeal (SCA) and the _______ and Local Divisions of the High Court.

 A. Provincial Divisions

 B. Lower Courts

 C. Small claims Court

 D. Tribunal

Question 10 of 100 1.0 Points

_______ are admissions and are admissible against the accused provided the requirements in
terms of Section 217 of the CPA had been met by the police and magistrate responsible.

 A. Confessions

 B. Statements

 C. Warning Statements

 D. Testimonies

Question 11 of 100 1.0 Points

In case of crimen injuria the accused can limit his/her punishment considerably if he/she ______
his/her conduct towards the complainant in open Court.

 A. regrets

 B. shows remorse for

 C. genuinely apologises for

 D. indicates liability for

Question 12 of 100 1.0 Points

An accused is supposed to ______ throughout the Court proceedings.

 A. sit

 B. only stand when sentencing is delivered

 C. only stand until the prescribed adjudicator has seated his/herself

  D. remain standing

Question 13 of 100 1.0 Points

A defence witness is a person who is not a state witness and who may potentially testify on
behalf of the client and whose testimony would support the _______ case.

 A. state’s

 B. victim’s

 C. client’s

 D. accused’s

Question 14 of 100 1.0 Points

If during your consultation with your client you should establish that a person or persons may
possibly be able to testify on your client’s behalf, you may approach the ______ and request
him/her to issue subpoenas to the said persons so as to ensure that they will be present once the
trial begins.

 A. Investigating Officer

 B. Prosecutor

 C. Court

 D. DPP

Question 15 of 100 1.0 Points

The Court orderly’s main function is to control the _______ who are supposed to appear in court.

 A. prisoners

 B. awaiting prisoners

 C. trial prisoners

 D. awaiting-trial prisoners

Question 16 of 100 1.0 Points

Where an accused has allegedly committed various offences in different districts within the area
of jurisdiction of a ______, the ______ concerned can direct in writing that criminal proceedings
in respect of such offences be tried in the Court of a specific district or region within his area of
jurisdiction.

 A. DPP, DPP

 B. Magistrate, Magistrate

 C. Prosecutor, Senior Prosecutor

 D. Prosecutor, Prosecutor

Question 17 of 100 1.0 Points

The ______ has the authority to withdraw certain charges.

 A. Magistrate

 B. Senior Prosecutor
  C. Prosecutor on the case

 D. Investigating Officer

Question 18 of 100 1.0 Points

The charge is the point of departure in respect of ______.

 A. an investigation

 B. an inquest

 C. a detainment

 D. a trial

Question 19 of 100 1.0 Points

The prosecuting authority has _______ autonomy and should not be interfered with by neither
the executive nor the judiciary.

 A. dependent social

 B. dependent political

 C. limited independent political

 D. independent political

Question 20 of 100 1.0 Points

The main participants in the criminal process are the South African Police Service (SAPS) or
other law enforcement agencies, _______, witnesses, the Court (which includes the presiding
officer and other staff members involved in the administration of the Court), Correctional
Services, and last but not least, the suspect, accused or convict and/or his/her representative.

 A. the prosecuting authority

 B. the President’s office

 C. Home Affairs Department

 D. Foreign Affairs Department

Question 21 of 100 1.0 Points

_______ has the authority to prosecute on behalf of the State in the area for which he/she has
been appointed, and he/she does so in the name of the Republic.

 A. The South African Police Service

 B. A Director of Public Prosecutions (DPP)

 C. The Correctional Service

 D. The Hawks

Question 22 of 100 1.0 Points

The prosecuting authority has _______ to prosecute or not but a duty to prosecute if there is a
prima facie case supported by statements and real and documentary evidence available.

 A. no discretion
  B. a minimal discretion

 C. a discretion

 D. a statutory obligation

Question 23 of 100 1.0 Points

Bail may not be paid until the charge sheet is brought from the Court to the Clerk of the Court.
The ______ usually takes the charge sheet to the Clerk of the Court.

 A. Prosecutor

 B. Presiding chair

 C. Interpreter

 D. Court orderly

Question 24 of 100 1.0 Points

After the accused has been called to the dock and after his/her legal representative (if he/she has
one) has introduced himself/herself to the Court, the ______ formally puts the charge to the
accused.

 A. Magistrate

 B. Court Orderly

 C. Prosecutor

 D. Legal Representative of the accused

 Question 25 of 100 1.0 Points
When a trial is converted into an investigation with a view to a referral for rehabilitation, such
investigation cannot again be converted into ______ (see Modise 1975(4) SA 169 (O)).

 A. a sentence

 B. an acquittal

 C. imprisonment

 D. a trial

Question 26 of 100 1.0 Points

As a legal representative, you ought to be aware that the court is supposed to start at ______ in
the morning. Although it sometimes happens that the prosecutor is for some or other reason not
ready to start at 9:00 am, it may never be presumed that this will be the case. Bear in mind that
you are an official of the Court and conduct yourself accordingly. It is extremely unprofessional
for a Legal Practitioner to arrive late at Court.

 A. 8:30 am

 B. 9:30 am

 C. 9:00 am

 D. 10:00 am

Question 27 of 100 1.0 Points

With regard to onus of proof it is accepted that such onus rests on the ______ to deliver proof
beyond reasonable doubt.

 A. Court

 B. Investigator

 C. State Witnesses

 D. Prosecution

Question 28 of 100 1.0 Points

In statutory offences, generally, ______ is the requirement except if it is clear that the legislature
expected less, and then ______ would be sufficient.

 A. culpa, dolus

 B. dolus, culpa

 C. dolus, dolus

 D. culpa, culpa

Question 29 of 100 1.0 Points

It is a rule of police practice that ______ who take part in an identification parade should be
informed of their right to legal representation.

 A. accused

 B. witnesses
  C. anybody

 D. suspects

Question 30 of 100 1.0 Points

It must be noted that the cautionary rules do not affect the ______ of proof required from either
party in criminal or civil matters.

 A. measure

 B. onus

 C. burden

 D. obligation

Question 31 of 100 1.0 Points

If you wish to requisition your client who is in custody to appear before Court on a day other
than the day he is supposed to appear, then such requisition forms must be handed to the ______.

 A. Prosecutor on the case

 B. Magistrate residing over the case

 C. Clerk of the Court

 D. Charge-Office Commander

Question 32 of 100 1.0 Points

A statement made by the accused to the police prior to being advised of the right to remain silent
and where it was clear that he was a suspect, was found to be _______ (namely, S v Mthethwa
2004 (1) SAS 449 (E)).

 A. admissible

 B. inadmissible

 C. partially admissible

 D. legal

Question 33 of 100 1.0 Points

The Roman Dutch interdictum de homine libero exhibendo is the remedy which is applicable if
an interested party is of the opinion that someone is being _______.

 A. arrested unlawfully

 B. assaulted

 C. bribed

 D. detained unlawfully

Question 34 of 100 1.0 Points

There are four methods of ensuring an accused’s presence at his trial: (i) Arrest/custody; (ii)
Summons; (iii) Questioning; (iv) Invitation; (v) Written notice; and (vi) Warning. Select the
correct combination of the aforementioned possibilities hereunder.

 A. i, ii, v, vi
  B. i, ii, iii, v

 C. i, ii, iii, iv

 D. i, ii, iv, vi

Question 35 of 100 1.0 Points

______ is used for a summary trial in a Lower Court where the accused is not in custody or will
not be arrested.

 A. Warnings

 B. Written Notices

 C. Invitations

 D. Summons

Question 36 of 100 1.0 Points

A Regional Court may impose the following types of punishment and no other: Select the wrong
answer.

 A. To be detained until the Court rises

 B. Suspending compulsory sentences

 C. Imprisonment

 D. Periodical Imprisonment
 Question 37 of 100 1.0 Points
The admission of guilt fine differs from the spot fine in that in the case of an admission of guilt
fine, prosecution has already been instituted against the offender in terms of which he/she can be
convicted, whereas the spot fine is directed at avoiding a prosecution if the offender pays the
amount set out in the written notice within ______.

 A. 60 days

 B. 21 days

 C. 30 days

 D. 90 days

Question 38 of 100 1.0 Points

The criminal law requires proof beyond reasonable doubt, which implies that: (i) The state must
prove that the accused committed the unlawful act; (ii) In the case of consequential offences, the
causal link between the act and the forbidden result must be proven by the state; (iii) The state
must also prove the unlawfulness of the act in the sense that it must exclude grounds for
justification such as self-defense, necessity, consent, etc.; (iv) Furthermore, the state must prove
that the perpetrator was criminally liable, except in the case where mental illness is advanced as
a defence; (v) The state must meet at the very least the requirement of ‘on a balance of
probabilities’; (vi) Lastly, the state must prove guilt on the part of the accused. Select the correct
combination of the aforementioned possibilities hereunder.

 A. i, ii, iv, v, vi

 B. i, ii, iii, v, vi

 C. ii, iii, iv, v, vi

 D. i, ii, iii, iv, vi

 Question 39 of 100 1.0 Points
The presentation of a document or paper in Court is obtained by summoning a person with _____
duces tecum with the request to bring the documents concerned with him.

 A. a written warning

 B. an affidavit

 C. a warrant

 D. a subpoena

Question 40 of 100 1.0 Points

In terms of the Criminal Law Amendment Act 105 of 1997 the High and Regional Courts are
obliged to impose certain ______.

 A. maximum prescribed punishments

 B. maximum discretionary punishments

 C. minimum prescribed punishments

 D. minimum discretionary punishments

Question 41 of 100 1.0 Points

The prosecutor’s bail stands until the ______ Court day and a Court is empowered to either
extend bail, or if it deems it inappropriate to do so, to reconsider the application for bail by the
accused.

 A. second
  B. fourth

 C. tenth

 D. first

Question 42 of 100 1.0 Points

In a criminal trial, the prosecutor is dominus litis. He/she is the one who will finally decide
whether or not to _______ your client.

 A. prosecute

 B. charge

 C. release

 D. detain

Question 43 of 100 1.0 Points

A ______ has jurisdiction over all offences except high treason, murder, rape and compelled rape
as contemplated by Section 89 of the Magistrates' Courts Act 32 of 1944.

 A. District Court

 B. Regional Court

 C. High Court

 D. Supreme Court of Appeal

 Question 44 of 100 1.0 Points
In terms of Section 35(3) of the Constitution an accused is entitled to _______.

 A. no trial

 B. an unfair trial

 C. a lengthy trial

 D. a fair trial

Question 45 of 100 1.0 Points

A District Court may impose the following types of punishment (Section 92 of Act 32 of 1944
read with Section 276 of the CPA): Select the wrong answer.

 A. Imprisonment

 B. Declaration of habitual criminal

 C. Fine

 D. Periodical Imprisonment

Question 46 of 100 1.0 Points

Cross-examination should be conducted with ______ and it is to say the least unbecoming for a
prosecutor or counsel to be gratuitously offensive to witnesses.

 A. aggression

 B. aloofness
  C. restraint and dignity

 D. sarcasm

Question 47 of 100 1.0 Points

It is, inter alia, the function of the police to maintain law and order, to prevent _______ and to
investigate crimes that were allegedly committed.

 A. unrest

 B. domestic disputes

 C. insurance claims

 D. crime

Question 48 of 100 1.0 Points

A wilful failure by an accused to comply with the disclosure requirement is made an offence
punishable by ______.

 A. a fine only

 B. imprisonment only

 C. a fine or to imprisonment

 D. community service

Question 49 of 100 1.0 Points

The Child Justice Act has specifically provided for _______ in conflict with the law to be
diverted away from mainstream criminal proceedings.

 A. adults

 B. mentally impaired persons

 C. sexual offenders

 D. children

Question 50 of 100 1.0 Points

Section 157(2) provides that the Court may, ______, upon application by the prosecutor or of
any of the accused, direct that the trial of any one or more accused be held separately.

 A. only before the trial

 B. none of these

 C. at any time during the trial

 D. only before the charge was read to the accused

Question 51 of 100 1.0 Points

In the following cases a document need not be proved as authentic – when: (i) it has been
discovered by the opponent and he has been asked to produce it in Court; (ii) the Court can take
judicial notice of the documents; (iii) the other side admits the authenticity of the documents; (iv)
Sections 34(1) and (2) of the Civil Proceedings Evidence Act 1965 are applicable to the
document; (v) various other statutory provisions, which make exceptions to the general rule, are
applicable; (vi) the defense hands it up; (vii) foreign documents have been proved in their
country of origin as being authentic. Select the correct combination of the aforementioned
possibilities hereunder.
  A. i, iii, iv, v, vi, vii

 B. i, ii, iii, iv, v, vii

 C. ii, iii, iv, v, vi, vii

 D. i, ii, iii, iv, vi, vii

Question 52 of 100 1.0 Points

The police have wide-ranging powers subject to the constitutional prescripts to conduct
investigations into alleged offences. These powers include – (i) powers to enter property; (ii) to
interrogate people; (iii) to arrest persons; (iv) to search persons and premises; (v) to use physical
persuasion to accumulate information; (vi) to seize objects. Select the correct combination of the
aforementioned possibilities hereunder.

 A. i, ii, iii, iv, vi

 B. i, ii, iii, v, vi

 C. ii, iii, iv, v, vi

 D. i, ii, iii, v, vii

Question 53 of 100 1.0 Points

A ______ has jurisdiction over all offences except high treason.

 A. District Court

 B. Regional Court

 C. High Court
  D. Supreme Court of Appeal

Question 54 of 100 1.0 Points

______ Courts are Magistrate’s Courts which sit at regular intervals in places other than the
permanent seat of the District Court.

 A. Periodical

 B. Travelling

 C. Temporary

 D. Relief

Question 55 of 100 1.0 Points

Arrests should normally only take place in terms of _______.

 A. a Warrant

 B. an Affidavit

 C. a Court order

 D. an Interdict

Question 56 of 100 1.0 Points

A question of judicial bias is ______ one because ‘the impartial adjudication of disputes in both
criminal and civil cases is a cornerstone of any fair and just legal system’ (see S v Basson 2015
(1) SA 171(CC) at para 21)).

 A. a constitutional

 B. an unconstitutional

 C. a purely civil

 D. a purely criminal

Question 57 of 100 1.0 Points

A police official may in terms of Section 37(1)(d) take finger, palm or ______ of a person who
in terms of Section 57(6) is deemed to have been convicted in respect of an offence which the
minister has declared an offence for this purpose in the Government Gazette (at present no such
notice is in force).

 A. knee-prints

 B. footprints

 C. face-prints

 D. elbow-prints

Question 58 of 100 1.0 Points

The Plea and Sentence Agreement in terms of Section 105A of the CPA has now become an
important procedural tool to aid in the backlogs created in our criminal Courts (see S v
Esterhuizen and Others 2005 (1) SACR 490 (T)). If used effectively the ______ can also have a
say in the sentence proposed.
  A. accused or accused’s family

 B. Investigating Officer

 C. victim or victim’s family

 D. Station Commander/Commissioner

Question 59 of 100 1.0 Points

Adjournment means ______ of the proceedings.

 A. a staying

 B. a ceasing

 C. an interruption

 D. a postponement

Question 60 of 100 1.0 Points

Prosecutors are also now appointed in terms of The National Prosecuting Authority Act, 1998
(Act 32 of 1998) to the – (i) Office of the National Director; (ii) Offices of the Prosecuting
Authority at each High Court seat; (iii) Offices of the Ombudsman; (iv) investigating
directorates; (v) Offices of the National Credit Regulator; (vi) Lower Courts in the Republic.
Select the correct combination of the aforementioned possibilities hereunder.

 A. i, ii, iv, v

 B. i, ii, iii, v

 C. i, iv, v, vi
  D. i, ii, iv, vi

Question 61 of 100 1.0 Points

It is important that you distinguish between the right to remain silent and the right not to be
______. The accused does have the first mentioned right but does not have the latter (see S v
Thebus and Another 2003 (2) SACR 319 (CC)).

 A. arrested

 B. questioned

 C. detained

 D. investigated

Question 62 of 100 1.0 Points

If the accused was the victim of a trap, a specialised knowledge of traps and the evidentiary rules
in respect thereof are essential for proper preparation, especially for ______.

 A. examination in main

 B. redress

 C. cross-examination

 D. mitigation

Question 63 of 100 1.0 Points

Section 59A of the CPA provides that a prosecutor may authorise the release of an accused on
bail for offences listed in Schedule _______ of the CPA.

 A. 1

 B. 3

 C. 7

 D. 6

Question 64 of 100 1.0 Points

The principle of legality requires that the conduct of _______ should comply with the norms of
the law of procedure.

 A. law enforcement officials

 B. legal representatives

 C. consultants

 D. prosecutors

Question 65 of 100 1.0 Points

_______ have a fundamental right to remain silent (see Section 35(1)(a) and 35(3)(h) of the
Constitution).

 A. Witnesses

 B. Suspects
  C. Accused persons

 D. Suspects and accused persons

Question 66 of 100 1.0 Points

One usually calls ______.

 A. the weaker witnesses first, leaving the better witnesses for last

 B. the better witnesses first, leaving the weaker ones until last

 C. the better witnesses between the weaker witnesses

 D. only the better witnesses, leaving the weaker ones out totally

Question 67 of 100 1.0 Points

A trial within a trial normally takes place when the ______ of evidence is in dispute.

 A. lack

 B. credibility

 C. inadmissibility

 D. admissibility

Question 68 of 100 1.0 Points

The accused is as a general rule the ______ witness for the defense.
  A. last

 B. first

 C. second

 D. third

Question 69 of 100 1.0 Points

Section 19 of the Child Justice Act 75 of 2008 requires that a summons be served on a child in
the presence of his/her _______ where applicable.

 A. grandparents

 B. friends

 C. parents

 D. family

Question 70 of 100 1.0 Points

The questioning of a suspect should be done in accordance with the so-called _______.

 A. evidentiary rule

 B. not guilty until proven guilty approach

 C. ‘judges’ rules’

 D. constitutional rights
 Question 71 of 100 1.0 Points
When the Court passes sentence on the accused the Court takes the following factors into
consideration – (i) personal circumstances of the accused; (ii) the interest of the community; (iii)
seriousness of the crime; (iv) financial position of the accused; (v) possibility of rehabilitating
the accused; (vi) preventions and deterrence; (vii) safe guarding the community. Select the
correct combination of the aforementioned possibilities hereunder.

 A. i, iii, iv, v, vi, vii

 B. i, ii, iii, iv, v, vii

 C. ii, iii, iv, v, vi, vii

 D. i, ii, iii, v, vi, vii

Question 72 of 100 1.0 Points

The ______ of bail is always in the discretion of the Court.

 A. Court procedure

 B. amount

 C. legislation

 D. ordering

Question 73 of 100 1.0 Points

Where an accused in criminal proceedings refuses to plead to any charge, the Court shall record
______ on behalf of the accused.
  A. a plea of guilty

 B. the plea being reserved

 C. a plea of not guilty

 D. such refusal

Question 74 of 100 1.0 Points

In the Lower Courts the charge can take on one of three forms namely: (i) Summons; (ii)
Subpoena; (iii) Written Warning; (iv) Verbal Warning; (v) Written notice; and (vi) Charge sheet.
Select the correct combination of the aforementioned possibilities hereunder.

 A. i, ii, vi

 B. i, ii, iii

 C. i, v, vi

 D. i, iv, v

Question 75 of 100 1.0 Points

Section 157(1) reads as follows: ‘An accused may be joined with any other accused in the same
criminal proceedings ______ any evidence has been led in respect of the charge in question.’

 A. at any time after

 B. at any time before

 C. at any time during

  D. before the accused has pleaded

Question 76 of 100 1.0 Points

Male inhabitants of the Republic between the ages of _______ must, when called on by any
police official to do so, assist such police official with the arrest and detention of a person
(Section 47(1)).

 A. 15 and 50 years

 B. 16 and 60 years

 C. 21 and 50 years

 D. 18 and 60 years

Question 77 of 100 1.0 Points

If the defective charge cannot be cured, the charge ______ (S v Ndebele and Others 2012 (1)
SACR 245 (GSJ)).

 A. will be amended

 B. will be quashed

 C. may be quashed

 D. may be amended

Question 78 of 100 1.0 Points

Note that bail may only be refunded to the ______.

 A. depositor

 B. depositor or accused

 C. accused

 D. accused’s legal representative

Question 79 of 100 1.0 Points

It should be noted that ______ evidence is admissible in bail applications, as well as proof of an
accused’s previous convictions.

 A. hearsay and opinion

 B. hearsay

 C. opinion

 D. only factual

Question 80 of 100 1.0 Points

An unlawful search by a police official constitutes an offence and _______ order may be made
against him/her (Section 28(1)).

 A. an imprisonment

 B. an interdict

 C. an interlocutory
  D. a compensation

Question 81 of 100 1.0 Points

Prosecutors when performing their duties or exercising any of their powers have to act in
accordance with the _______ issued by the National Director of Public Prosecutions.

 A. Code of Conduct

 B. Disciplinary Code

 C. Duty Sheet

 D. Employment Contract

Question 82 of 100 1.0 Points

Where the Court is of the opinion that the offence merits imprisonment or another form of
detention without the option of a fine or a fine in excess of currently ______ the Court must
question the accused in order to establish whether the accused does indeed admit all the elements
of the offence to which he has pleaded guilty (see S v Mbebe 2004 920 SACR 537 (C)).

 A. R1 000

 B. R10 000

 C. R500

 D. R5 000

Question 83 of 100 1.0 Points

An admission of guilt fine can be fixed by the ______ and on payment thereof the offender is
excused from attending the trial. Admission of guilt is a special exceptional procedure which has
been enacted to prevent normal Court procedure from being ‘flooded’ by the large number of
minor offences.

 A. Court Orderly

 B. Magistrate

 C. Prosecutor

 D. Registrar

Question 84 of 100 1.0 Points

An accused may not be taken into custody with the exclusive purpose of _______ him/her.

 A. investigating

 B. questioning

 C. holding

 D. protecting

Question 85 of 100 1.0 Points

If the legal practitioner does not know who is investigating the case, he/she should telephone the
police station where the accused is being detained and enquire from the _______ whether the
accused is in fact in the police cells and who the investigating officer is.

 A. Station Commissioner
  B. Charge Office

 C. SAP 13 Clerk

 D. Patrol Police Officer

Question 86 of 100 1.0 Points

In practice, the Legal Practitioner requests the ______ in writing for copies of the statements of
the witnesses.

 A. Presiding Chair

 B. Senior Prosecutor

 C. Registrar

 D. Prosecutor

Question 87 of 100 1.0 Points

A wide range of conditions may be set by the Court, but they must not be ultra vires, contra
bonos mores, ______.

 A. fair

 B. feasible

 C. unfair or not feasible

 D. fair or/and feasible

 Question 88 of 100 1.0 Points
Remember detained persons, accused and sentenced prisoners all have the right to have a
_______ appointed to them at the State’s expense, if ‘substantial injustice would otherwise
result’, and they must be informed of this right on the first occasion, (see Section 35(2)(c) and
(3)(g) of the Constitution).

 A. consultant

 B. curator

 C. Legal Practitioner

 D. physiatrist

Question 89 of 100 1.0 Points

Because a Magistrate’s Court is a creature of ______, its jurisdiction regarding punishment is
limited to those sentences which it may impose in terms of an express statutory provision
(Section 92 of the Magistrates’ Courts Act 32 of 1944 and Section 276(2) of the CPA).

 A. Regulation

 B. Uniform Rules

 C. Ordinances

 D. Statute

Question 90 of 100 1.0 Points

The Court _______ be convinced that the accused was summoned properly.
  A. could

 B. can

 C. may

 D. must

Question 91 of 100 1.0 Points

The duties of the Clerk of the Court are usually _______ in nature.

 A. financial

 B. litigious

 C. administrative

 D. logistical

Question 92 of 100 1.0 Points

A Legal Practitioner is entitled to withdraw if the accused ______.

 A. does not like the Legal Practitioner

 B. gives contradictory instructions

 C. refuses to testify

 D. comes late for Court appearances

 Question 93 of 100 1.0 Points
A state witness is a person who has supplied the State (prosecutor/police) with _______
regarding the commission of the offence and who may potentially be used by the State as a
witness against the accused at the trial.

 A. clues

 B. allegation

 C. strategies

 D. information

Question 94 of 100 1.0 Points

In the District and Regional Courts, the presiding Magistrate is addressed as ______
(‘edelagbare’ or ‘agbare heer’).

 A. ‘your worship’

 B. ‘my lady’

 C. ‘your honour’

 D. ‘my Lordship’

Question 95 of 100 1.0 Points

The request for further particulars must be made ______ evidence is led.
  A. after

 B. during

 C. before

 D. before or during

Question 96 of 100 1.0 Points

Apart from obtaining the presence of the accused at the trial (which are specifically mentioned in
the CPA) it is also possible to release an accused on ____ in terms of Section 72.

 A. warning

 B. reprimand

 C. warrant

 D. Court order

Question 97 of 100 1.0 Points

______ is a very serious criminal offence and is, inter alia, committed when a person unlawfully
and intentionally violates the dignity, repute, or authority of a judicial officer in his/her judicial
capacity.

 A. Assault

 B. Contempt of Court

 C. Defamation
  D. Bribery

Question 98 of 100 1.0 Points

Name some of the kinds of sentences the Court may impose are: (i) fine; (ii) imprisonment; (iii)
correctional supervision; (iv) death penalty; (v) periodical imprisonment; (vi) referral to an
institution; (vii) declaring an accused as a habitual criminal. Select the wrong combination of the
aforementioned possibilities hereunder.

 A. ii, iii, v, vi, vii

 B. i, iii, v, vi, vii

 C. ii, iii, iv, v, vi

 D. i, ii, iii, v, vii

Question 99 of 100 1.0 Points

The Child Justice Act 75 of 2008 provides for _______ to be given to a child and his/her parent
to appear at a preliminary inquiry after he/she is alleged to have committed an offence.

 A. an affidavit

 B. a written notice

 C. a subpoena

 D. a warrant

Question 100 of 100 1.0 Points

 Search warrants must be executed during the _______ unless expressly ordered otherwise and
remain valid until executed or cancelled.

 A. night

 B. day

 C. day and night

 D. mid-afternoon

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