SURNAME & INITIALS: : Vhulenda Mauda

STUDENT NO: : 61831336

SUBJECT CODE: : CPR3701

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Question 1

1.1. Criminal Procedure

1.2. The guilt of the accused
1.3. If the accused is charged with a Schedule 6 offence, the bail application must be
heard by a district court.
1.4. She is not accurate because only District attorneys have the power to choose which
charges are filed against an individual accused of a crime.
1.5. An accused must be afforded a reasonable opportunity to obtain the assistance of a
lawyer of choice. During the intervening period, the prosecution must hold off and
initiate no steps which may be prejudicial to an accused. An accused can, therefore,
not be compelled to plead to a charge until representation has been secured.
1.6. A receiver of property obtained by means of an offence shall for purposes of this
section be deemed to be a participant in the offence in question.

Question 2

2.1 The Director of Public Prosecutions having jurisdiction may, in the case of an
offence referred in the scenario, in writing, indicate that the matter be diverted if
exceptional circumstances exist, as determined by the National Director of Public
Prosecutions in directives issued in terms of section 97(4)(a)(iii).
Sections 38 and 172 of the Constitution regulate the locus standi of persons with
respect to an appeal to the Constitutional Court. Note that access to this court is
not limited to those who have been found guilty and have been convicted, but it
relates to a much wider group of persons or classes of persons.

2.2 In order to extradite a person, he has to be arrested, which is why section 40(1)(k)
of the Act provides that a police officer may arrest a person without a warrant on
the reasonable charge or credible information that the person was involved in an
act that was committed outside the Republic and is recognised as an offence in
South Africa. It is therefore suitable to discuss extradition in conjunction with arrest
although the extradition process is sui generis and is regulated by a specific
statute.
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A person may be extradited from the Republic on request for the extradition of that
person for the purpose of prosecuting the person, imposing a sentence on that
person or enforcing a sentence imposed on that person, if the offence in question
is, in terms of the law of the Republic and the foreign State in question, punishable
with a sentence of imprisonment or other form of deprivation of liberty, for a period
of twelve months or more, unless the extradition agreement in question provides
for a longer period; if committed within the jurisdiction of the Republic, constitutes
an offence in terms of the domestic law of the Republic

2.3
(a) The Constitutional validity of search and seizure powers in South African
criminal procedure
(b) Yes, it does, because it matches the description of the wanted getaway car.
which is concerned in or is on reasonable grounds believed to be concerned
in the commission or suspected commission of an offence, whether within
the Republic or elsewhere.
(c) If the person concerned consents to the search for and the seizure of the
article in question, or if the person who may consent to the search of the
container or premises consents to such search and the seizure of the article
in question.
(d) The wanted vehicle was fitting the matching description of the getaway car
which was found on the B’s premises.

Question 3

3.1

(a) Witness summons

(b) A witness summons is to be served by the court

(c) Contempt of court

(d) Any person who without just excuse disobeys a witness summons requiring him to attend
before any court shall be guilty of contempt of that court and may be punished summarily
by that court as if his contempt had been committed in the face of the court.
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3.2
a) Applicant (D)
b) The purpose of re-examination is to give the witness an opportunity to explain any
matters raised during cross-examination and is therefore limited to only those matters
that were raised during cross-examination.
c) Being competent to conduct re-examination in court means that the person has the
necessary knowledge and skills to conduct re-examination in court. D is competent to
conduct the re-examination.

3.3 The right to remain silent is a legal principle that stipulates that everyone has the right to not
answer questions from the police or court officials prior to the case being presented before
the court. This principle is acknowledged internationally, in many countries expressly and in
others by convention. The court may make a detrimental deduction or conclusion from a
person’s silence where the state has made out a clear prima facie case and the accused
still decides to remain silent and to not deliver any further testimony.

3.4 Parliament, as the national legislature, has legislative authority (the power to make laws) in
the national sphere of government. Consequently, Parliament has the power to pass new
laws, to amend existing laws, and to repeal old laws. The same power is exercised by
Provincial legislatures in the provincial sphere of government in respect of provincial laws,
and by municipal councils in the local sphere of government in respect of municipal by-laws.

Any person who rescues or attempts to rescue from custody any person after he has been
lawfully arrested and before he has been lodged in any prison, police-cell or lock-up, or who
·aids such person to escape or to attempt to escape from such custody, or who harbours or
conceals or assists in harbouring or concealing any person who escapes from custody after
he has been lawfully arrested and before he has been lodged in any prison, police-cell or
lock-up, shall be guilty of an offence and liable on conviction to the penalties prescribed in
section 43 of the said Prisons Act, 1959.

Question 4

4.1
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a) While determining a sentence for the defendant, especially for repeat DUI offenders,
prior convictions must be considered. If the defendant is being sentenced for the same
crime again, the judge will likely consider evidence of a prior criminal conviction when
sentencing the defendant. All repeat offenders face harsher sentences.
b) The prosecution may, after an accused has been convicted but before sentence has
been imposed upon him, produce to the court for admission or denial by the accused a
The court shall ask the accused whether he admits or denies any previous conviction
referred to in subsection.

c) Insofar as the question of unlawfulness was concerned, the Constitutional Court began
by pointing out that although the Constitution confers vast powers on the President,
these powers are constrained by the principle of legality, which is an incident of the rule
of law. The principle of legality provides, inter alia, that the President “may exercise no
power and perform no function beyond that conferred on [him or her] by law” . In other
words, the President may exercise only those powers that have lawfully been conferred
upon him or her and he or she must exercise them in the manner prescribed.
4.2 Parliament, as the national legislature, has legislative authority (the power to make laws)
in the national sphere of government. Consequently, Parliament has the power to pass
new laws, to amend existing laws, and to repeal old laws. The same power is exercised
by Provincial legislatures in the provincial sphere of government in respect of provincial
laws, and by municipal councils in the local sphere of government in respect of municipal
by-laws.
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