1.

The term “court etiquette” is often nothing more than good manners and respect towards the
bench, colleagues and public.
True
False

2. In terms of section 50(2) CPA – court hours are from 08:00 to 17:00.
True
False

3. Indicate the incorrect statement. A prosecutor takes his/her seat in court when;
(a) The defence presents evidence
(b) The prosecution lodges an objection
(c) The presiding officer addresses the defence

4. Indicate the correct statement.

(a) In a Magistrates Court, the presiding officer is addressed as my lord
(b) It is always acceptable to secure the appearance of prisoners in court in handcuffs and leg
irons.
(c) It is advisable that prosecutors recuse themselves from all matter in which they have a
personal interest.

5. Indicate the incorrect statement.

(a) J 50 warrants are being send by Magistrates to investigating officers for execution.
(b) J 50 warrants are being issued in more serious cases.
(c) J 50 warrants may be issued prior to the instructions from prosecution.
(d) J 50 warrants may be issued on cancelation of a bench warrant.

6. Indicate the incorrect statement.

(a) An accused person may be summoned to appear in court (J 175).
(b) An accused person may appear in court on written notice (J 534).
(c) Statements a and b are correct.

7. Indicate the correct statement.

(a) The return of service of a summons is issued upon a J155 warrant.
(b) Section 53(a) of the CPA allows a prosecutor to determine bail for an accused person iro
certain offences.
(c) A police official may release an arrested person on bail ito a J175

8. Indicate the correct statement. A prosecutor may determine bail for an accused person prior
to this persons first appearance in court iro the ffg offences;
(a) Public violence – but not for ringleaders
(b) All culpable homicide offences
(c) All arson offences
(d) All fraud offences

9. Indicate the correct statement. A prosecutor may request that a bail application be postponed
for 7 days at a time of the ffg grounds;
(a) Sufficient information

1
 (b) Referral to the director of public prosecutions for a section 60(11A) written confirmation.
(c) Necessary in interest of prosecution.
(d) All the above statements are correct.

10. Indicate the incorrect statement – application to be released on bail

(a) The accused or his/her legal advisor must disclose previous convictions.
(b) The accused or his/her legal advisor must disclose pending charges and whether the
accused has been released on bail in the latter.
(c) Statements a and b are correct.
(d) Statements a and b are incorrect.

11. Indicate the incorrect statement. An accused person is charged with the commission of a
premeditated murder. The accused person lodges an application for release on bail
(a) The accused must adduce evidence.
(b) The accused is entitled to access to the police dockets for purpose of this bail application.
(c) The evidence may be an affidavit and/or viva voca.
(d) This offence is categorized as a schedule 6 offence.
(e) The court must be satisfied that exceptional circumstances exist which permits the
accused release on bails.

12. Indicate the correct statement. Rape may be categorized as a scheduled 6 offence under the
ffg circumstances;
(a) More than twice
(b) By two or more persons
(c) By person charged with more than once offence
(d) All the above statements are correct.

13. Indicate the correct statements. The record of bail proceedings

(a) Is not admissible as evidence at a subsequent trial
(b) Is admissible at a subsequent trial excluding information regarding an accused previous
conviction
(c) Is admissible at a subsequent trial including information regarding an accused previous
conviction
(d) Is admissible at a subsequent trial only if the director of public prosecutions ruled it
admissible.

14. Indicate the correct statement. An accused persons right of access to the contents of a police
docket during trial stage is based on
(a) The constitutional right to a fair trial
(b) Consent by the clerk of the court
(c) The clause of authorization in the police docket
(d) The probative value of the evidence contained in the police docket
(e) All the above are correct

15. Indicate the incorrect statement. An accused persons request for access to the contents of a
police docket may be refused
(a) If the refusal is justified ito section 35 of the constitution.

2
 (b) If there is a reasonable risk that the disclosure sought might prejudice the proper ends of
justice.
(c) If there is a reasonable risk that the disclosure sought might lead to the intimidation of
the witnesses.
(d) If the request is not supported by an affidavit obtained from the accused legal
representative.

16. Indicate the correct statement. Further particulars to a charge

(a) May only be requested by a co – accused.
(b) The court must be supplied with a copy of the further particulars before receipt by a co –
accused.
(c) Further particulars form part of the charge sheet.
(d) All the above statements are correct.

17. Indicate the incorrect statement. The charge sheet must contain
(a) The date and place at which the offence is alleged to have been committed
(b) The person against whom it was committed (if any)
(c) The property (if any)
(d) Statements a , b and c are incorrect
(e) Statements a , b and c are incorrect

18. Indicate the incorrect statement. Section 83 CPA makes provision for the ffg possibilities
(a) The accused may be charged with any one of severe offences
(b) The accused may be charged with any one of the offences separately under separate
counts
(c) The accused may be charged with all the possible offences in the alternative
(d) All the above statements are incorrect

19. Indicate the correct statement.

(a) No alias or nickname of the accused should be used on charge sheets as this could be
indicative of a bad character
(b) If the accused as no fixed address his/her address should be noted as “no fixed abode”
(c) If the accused is serving a sentence his/her address should be noted as the prison where
he/she is serving his/her sentence
(d) The name of the accused and the case number should not appear on all annexures of the
charge sheet.

20. Indicate the incorrect statement. The essentials of a charge are

(a) The date upon which the offence is alleged to have been committed.
(b) The place upon which the offence is alleged to have been committed.
(c) The person against whom the offence is alleged to have been committed.
(d) The property in respect of which the offence is alleged to have been committed.
(e) The instrument with which the offence is alleged to have been committed.

21. Indicate the correct statement.

(a) Various tests or practical guides exists and assist the court in determining whether there
was improper duplication of charges

3
 (b) In the application of both the single intent test and the same evidence test as set out
below regard as to be had to the definition of the crime.
(c) The single intent test – the question is asked whether the alleged acts in the charges were
committed with a single intent.
(d) The evidence test – the question is asked whether the evidence necessary to establish the
element of the one charge also involves proof of the other charge
(e) All the above statements are correct

22. Indicate the correct statement. If the application of these tests mentioned in Q 21 above does
not solve the matter the ffg circumstances of the case can be considered
(a) The period over which the acts were carried out
(b) The place where the acts were carried out
(c) The nature of the accused acts whether there was one or several distinguishable acts
(d) A , b and c are correct
(e) Only a and b are incorrect

23. An objection to a charge can only be made before a plea

Incorrect
Correct

24. Indicate the correct statement. A charge sheet may be amended

(a) Before an accused has pleaded
(b) After but before judgement
(c) A and b are correct

25. Indicate the incorrect statement. Ito section 85 of the CPA a charge sheet may be amended
under the ffg circumstances
(a) An essential element which has been omitted can be inserted
(b) Where evidence adduced by the state differs from the allegations in the charge sheet
(c) Where the charge must be substituted with another charge
(d) Where words or particulars which should have been alleged are omitted.

26. Indicate the incorrect statement. The role of the prosecutor during plea
(a) Where an accused pleads guilty to a competent verdict the prosecutor should consider
whether to accept the plea or not
(b) Where the accused pleads guilty to an alternative count the prosecutor should consider
where to accept the plea or not
(c) A prosecutor may insist that the court question an accused ito section 112(1) of the CPA
(d) The prosecutor must enquire from the accused how he/she pleads to a charge
(e) A , b and c are correct.

27. Indicate the incorrect statement. Objections to a charge(s) are

(a) Formal objections to a charge(s) must be raised at the office of the director for public
prosecutions in the presence of the chief prosecutor
(b) Formal objections to a charge(s) must be raised before the accused pleads
(c) The defence must give reasonable notice of an objection to a charge

4
 (d) A court may grant exemption from the requirement that the defence must give
reasonable notice.
(e) The prosecutor may waive the right to be given reasonable notice by the defence.

28. Indicate the correct statement. Objections to a charge(s) may be raised on the grounds that
the charge(s)
(a) Does not set out the essential elements of the relevant offence
(b) Does not disclose an offence
(c) Does not contain sufficient particulars of any matter alleged in the offence
(d) A , b and c are incorrect
(e) A , b and c are correct

29. Indicate the correct statement. If an objection to a charge is upheld by a court the result
thereof can be any of the ffg
(a) The court may order the prosecution to amend the charge
(b) The court may quash the charge if the prosecution fails to comply with the court order
(c) The state may appeal to this decision of the court
(d) A and b are correct
(e) A , b and c are correct

30. Indicate the incorrect statement. In terms of section 105 of the CPA an accused may raise the
ffg pleas
(a) Guilty
(b) Not guilty
(c) Insanity
(d) Autrefois acquit
(e) Pardon by the president

31. Indicate the correct statement. Ito section 342(A) of the CPA a court before which criminal
proceedings are pending shall investigate any delay which\
(a) Could cause substantial prejudice to the accused
(b) Could cause substantial prejudice to the prosecution
(c) Could cause substantial prejudice to a witness
(d) A, b and c are correct
(e) A , b and c are incorrect

32. Indicate the correct statement. Ito section 342(A) of the CPA the ffg factors must be
considered by a court prior to issuing an order
(a) Only factors specifically mentioned in section 342(a) of the CPA
(b) Reasons for the delay
(c) Effect of the delay on the administration of justice
(d) Duration of the delay

33. Indicate the incorrect statement. Ito section 342(A) of the CPA an order refusing
postponement where an accused has pleaded to the charge shall not be issued unless
(a) Exceptional circumstances exist
(b) The defence has given notice beforehand that it intends to apply for such an order
(c) The state has given notice beforehand that it intends to apply for such an order

5
 (d) A , b and c are correct
(e) A , b and c are incorrect

34. Indicate the correct statement. Ito of section 153(1) of the CPA the ffg factors must be
considered by a court prior to issuing an order that the proceedings be held in camera
(a) Possibility of harm to the accused or witness
(b) Good order
(c) Juvenile witness
(d) Juvenile accused

35. Indicate the correct statement. Where the offence relates to an act of indecent nature
(a) The court has discretion as to whether the whole proceedings should be in camera
(b) The court must order that the proceedings be in camera

36. Indicate the incorrect statement. Variation of in camera orders

(a) Special reasons must be provided to the court before an in camera order be relaxed
(b) An in order camera will not be relaxed to allow persons who do not have a legitimate
interest in attending a trial to attend
(c) Where the factual basis for an in camera order no longer exist, the order be set aside
(d) A b and c are correct
(e) A b and c are incorrect

37. Indicate the incorrect statement. An accused person has the right to
(a) Remain silent
(b) Be promptly informed of the reason to remain silent
(c) Not to be handcuffed
(d) Not to be compelled to make a confession

38. Indicate the correct statement. Informal admission (outside court) may include
(a) Verbal admission to a police officer
(b) A pointing out
(c) A and b are correct
(d) A and b are incorrect

39. Indicate the incorrect statement. Admissions ito section 220 of the CPA
(a) May be made at any stage during a trial
(b) Constitute sufficient proof of the fact in dispute
(c) No need for the state to lead further evidence to prove the admitted fact
(d) Can be made by the legal representative of the accused provided the accused confirm
(e) Must be in writing

40. An extra – crucial admission made by one accused implicating another accused is inadmissible
unless both accused testify
(a) Correct
(b) Incorrect

41. Indicate the correct statement. Admissions by conduct

(a) Can be made by demeanor or action

6
 (b) Evidential value of these admissions to be determined by the circumstances
(c) A and b are correct

42. Indicate the incorrect statement. Warning statement of the accused

(a) A warning statement containing a confession will only be admissible if made to the justice
of a peace
(b) A warning statement that is exonerating will be admissible if made to a peace officer
(c) A and b are incorrect
(d) A and b are correct

43. Indicate the incorrect statement. The object of re – examination is

(a) The clear up any point of misunderstanding which have occurred during cross examination
(b) To cross examine your own witness
(c) To correct wrong impressions which may have occurred during cross examination
(d) To grant the witness a fair opportunity to explain answers given by him/her in cross
examination
(e) To obtain evidence not obtained during examination in chief – subject to the permission
of the court.

44. Indicate the correct statement.

(a) The minimum period of imprisonment which may be imposed is 10days
(b) The maximum period of imprisonment which a district court may impose for a common
law offence ( except culpable homicide stemming from the giving of a motor vehicle on a
public road ) is 5 years
(c) Direct imprisonment may be imposed together with periodical imprisonment
(d) A b and c are correct
(e) A b and c are incorrect

45. Indicate the incorrect statement.

(a) A person can be declared a habitual criminal only by a regional or high court
(b) A person can be declared a dangerous criminal only by a regional or high court
(c) A person who has been declared a habitual criminal must be detained for at least 10 years
before he or she may be placed on parole
(d) A person who has been declared a habitual criminal may not be detained for a period
longer than 15 years
(e) A habitual criminal habitually commits offences

46. Indicate the correct statement.

(a) A juvenile may not be dealt with ito section 290 of the CPA
(b) A person may in addition to but not in lieu of any sentence be ordered to be detained in
a treatment centre.
(c) A person representing a corporate body may only be given a fine with alternative
imprisonment
(d) Unless otherwise ordered , periods of imprisonment are served the one after the
expiration of another
(e) Any offence justify imprisonment

7
47. Indicate the incorrect statement. Probation officers
(a) Probation officers are regarded as specialist in their field
(b) The court is bound to accept the opinion of a probation officer
(c) A probation officer may prepare a pre – sentence report
(d) A probation officers report may be admitted by affidavit if its contains evidence regarding
human behavioral science
(e) A probation report is necessary when diversion of an offence is considered

48. Indicate the correct statement. Expert witness

(a) An expert witness delivers evidence on fact
(b) An expert witness delivers opinion evidence
(c) An expert witness delivers evidence on fact and delivers on opinion
(d) A b and c are correct
(e) A b and c are incorrect

49. During trial (evidence) it comes to light that the witness is deviating from his/her statement
the witness may
(a) Discredit the witness
(b) Have the witness declared hostile
(c) Lead the witness in evidence in chief in order to explain the deviations
(d) A and b are correct
(e) A b and c are incorrect

50. Indicate the correct statement. Recaicitrant witness

(a) Deviates from statement with hostile intent
(b) No deviation

51. Indicate the correct statement. Hostile witness

(a) Prosecutor may cross examine the witness after declared hostile by the court
(b) No cross examination

52. Indicate the correct statement

(a) Discredit witness – evidence may be excluded by the court
(b) Hostile witness – evidence may not be excluded – its value is decided by the court
(c) A and B are correct

53. Indicate the correct statement. The ffg instances amount to the stopping of a prosecution
(a) Where prosecutor informs the court their prosecution is stopped with the consent of the
DPP or person authorized thereto
(b) By accepting a plea of not guilty
(c) Closing the case for the prosecution without sufficient evidence on record to place the
accused on his/her defence
(d) A b and c are correct
(e) A and B are correct

8
54. Indicate the incorrect statement. The ffg factors must be taken into account which will dictate
whether charges should be joined in the same proceedings
(a) Convenience for the prosecutor, witness and accused
(b) Possible prejudice to the investigating officer
(c) The expedient finalization of a prosecution
(d) Various possible sentence options

55. Indicate the correct statement. Separation of charges mean the ffg
(a) The court may direct that various charges brought against one accused be heard
separately if it is of the opinion that it will be in the interest of justice to do so
(b) Such an order may be made before or during a trial
(c) Charges so separated must then be tried de novo
(d) A , b and c are incorrect

56. Indicate the incorrect statement. Joinder of accused

(a) May take place at any time during the trial
(b) The details with regard to the new accused being joined are recorded on the charge sheet
by the prosecutor
(c) The existing accused does not have to be present when the new accused is joined
(d) A , b and c are incorrect

57. Indicate the incorrect statement. Separation of accused trial(s)

(a) The prosecution and any/or of the accused may apply
(b) The test/criterion is prejudice to the state or defence
(c) Such an application must be brought before any evidence has been led
(d) The court may abstain from giving judgement iro separated accused

58. Indicate the incorrect statement. Ito section 63 of the CPA an adjournment of criminal
proceedings may be granted
(a) If it is necessary
(b) If it is judicious
(c) If it is expedient
(d) All the above statements are incorrect

59. Indicate the correct statement

(a) Unconstitutionally obtained evidence should be per se excluded
(b) Unconstitutionally obtained evidence should be ruled admissible than inadmissible
(c) Unconstitutionally obtained evidence is irrelevant
(d) Admission of unconstitutionally obtained evidence always renders a trial invalid.

9
60. Indicate the incorrect statement – factors to be taken into account as to whether the inclusion
of evidence will be detrimental to the administration of justice
(a) Seriousness of the offence
(b) Seriousness of the violation of the constitutional right
(c) Deliberate violation of the constitutional right
(d) A , b and c are correct
(e) A , b and c are incorrect

61. Indicate the correct statement. The purpose of cross examination

(a) To test the credibility of the witness evidence
(b) To weaken or destroy the opponent’s case
(c) A and b are correct
(d) A and b are incorrect
(e) A is correct and b is incorrect

62. Indicate the incorrect statement. The prosecutor may object to the cross examination by the
defence
(a) Object to irrelevant cross examination
(b) Object to relevant cross examination adversely affecting the states case
(c) Object to tedious cross examination
(d) Object to fishing expedients

63. Indicate the correct statement. Answers to questions of collateral value only are final
exceptions –
(a) To rebut an allegation of recent fabrication
(b) Evidence about a prior identification
(c) Only the fact that the same person was identified by the witness is admissible
(d) A , b and c are correct
(e) A , b and c are incorrect

64. Indicate the incorrect statement. For the statement of the victim of a sexual offence to be
admissible certain requirements must be met
(a) The complaint must have been made at a police station
(b) The complaint must be made voluntary
(c) The complainant must be a victim
(d) The complainant must testify about the statement
(e) The offence must have a sexual connotation

10
65. Indicate the correct statement. Previous statement made by an accused partly exculpatory
and partly inculpatory statement
(a) The statement is partly admissible
(b) The whole statement is inadmissible
(c) The whole statement is admissible
(d) The whole statement is wholly self -serving
(e) The statement may not be regarded as a warning statement

66. Indicate the incorrect statement

(a) Section 35 of the constitution entitles suspects to protection
(b) Section 35 of the constitution entitles arrested persons to protection
(c) Section 35 of the constitution entitles detainees to protection
(d) Section 35 of the constitution entitles accused persons to protection
(e) Section 35 of the constitution does not entitle suspects to protection

67. Indicate the incorrect statement. An accused may not claim previous conviction or acquittal
under the ffg circumstances;
(a) If a magistrate has recused himself/herself from the trial
(b) If a separation of trials was ordered
(c) If the magistrate dies, resigns or is dismissed
(d) All the statements are incorrect

68. Indicate the incorrect statement. An application for discharge at close of the states case
(a) Can be made by the accused at closure of the states case
(b) Can be made by the state at disclosure of the states case
(c) A and B are correct
(d) A and B are incorrect

69. Indicate the correct statement. Re – opening of the states case

(a) There is no specific provision in the CPA for re -opening of the states case
(b) A trial court has a general discretion to allow a party to re open its case
(c) A and B are correct
(d) A and B are incorrect

70. Indicate the incorrect statement. Section 150 of the CPA provides for the ffg
(a) A prosecutor must at any trial before any evidence is adduced address the court for the
purpose of explaining the charge
(b) A prosecutor must submit his/her address and comment to the court in writing
(c) A and b are incorrect
(d) A and b are correct

11
71. Indicate the correct statement. The purpose(s) of an address by the prosecutor to the court
after all the evidence has been led is/are as follows
(a) Attempt to satisfy the court to accept the evidence that has been presented by the state
(b) The court to reject the evidence of the opposing party
(c) To point out to the court the defects in the case of the defence
(d) A b and c are correct

72. Indicate the incorrect statement. To have an admission admitted as evidence the state must
prove
(a) It was made by the accused , it was made to any person , it was made voluntary
(b) It was made by the accused , it was made to any person , it was made voluntary and it was
made whilst the accused was in his/her sound and sober senses
(c) A and b are incorrect

73. Indicate the incorrect statement. Unconstitutionally obtained evidence

(a) It is evidence obtained against an accused in violation of a constitutional personal right as
guaranteed in the CPA
(b) A suspect is entitled to the protection granted ito section 35 of the constitution
(c) A and B are correct
(d) A and B are incorrect

74. Indicate the correct statement. Unconstitutionally obtained evidence where the state does
not dispute the right or violation
(a) The state will start adducing evidence on the facts in a trial within a trial
(b) The court must be informed of the facts surrounding the manner in which the evidence
was obtained
(c) A is correct and B is incorrect
(d) A and B are incorrect
(e) A and B are correct

75. Indicate the correct statement. Competence and compellability:

(a) Every person is a competent and compellable witness except when expressly excluded in
the CPA
(b) A non - compellable witness may not refuse to enter the witness stand
(c) A and B are correct
(d) A and B are incorrect
(e) A is incorrect and B is correct

76. Indicate the incorrect statement. The ffg witnesses may be competent but not compellable
(a) A spouse of an accused as a witness for a co accused
(b) An accused as a witness for a co accused
(c) A witness in his/her defence
(d) Personal of diplomatic representatives
(e) Spouse of an accused for the state save for certain exceptions listed in the CPA

12
77. Indicate the correct statement. Child witness :
(a) Children under the age of 14 are not competent witness
(b) A child witness may be cautioned by the court to speak the truth instead of taking the
oath
(c) A and B are correct
(d) A and B are incorrect
(e) A is incorrect and B is correct

78. Indicate the correct statement. Preliminary admissibility of hearsay evidence

(a) Where the person whose credibility affects the evidential value of the evidence is to
testify at the proceedings at a later stage
(b) As soon as the declarer testifies – the provisionally admitted hearsay evidence is no longer
hearsay evidence
(c) A and b are correct
(d) A and B are incorrect

79. Indicate the correct statement. Section 3(1)( c ) of the law of evidence amendment act 45 of
1988 – where the court is of the opinion that the ‘hearsay’ evidence is in the interest of justice.
Specific factors must be considered
(a) The nature of the proceedings
(b) The nature of the evidence
(c) The purpose for which the evidence is tendered
(d) A , B and C are correct

80. Indicate the incorrect statement. Section 3(1)( c ) of the law of evidence amendment act 45
of 1988 – where the court is of the opinion that the ‘hearsay’ evidence is in the interest of
justice. Specific factors must be considered
(a) The probative value of the evidence
(b) Prejudice to the court
(c) The reason why the declarer does not testify
(d) Prejudice to the defence
(e) Prejudice to the state

81. Indicate the correct statement. The admissibility of documentary evidence is subject to
compliance with the ffg
(a) The contents of the document must be relevant
(b) The documents authenticity must be proved
(c) As far as possible the original document must be produced
(d) Statements A and C are correct
(e) Statements A, B and C are correct

13
82. Indicate the incorrect statement. Evidence in chief
(a) Leading questions may not be asked
(b) The witness may not be misled
(c) The witness must be questioned in a cordial and polite manner
(d) The witness should never be interrupted
(e) The age and level of education should be placed on record

83. Indicate the correct statement. Where identity is in dispute

(a) The witness may not be asked if he/she sees the person in court who was observed on
the day of the incident
(b) The witness may not be asked how he/she know the accused
(c) A and B are correct
(d) A and B are incorrect

84. Indicate the incorrect statement. Leading question

(a) It is a question which suggest the answer
(b) It is never a question which is answerable by a yes or no
(c) The prosecutor or defence council may ask a leading question during cross examination
(d) A leading question may be asked in respect of introductory particulars which are not in
dispute

85. Indicate the correct statement. Memory refreshing

(a) It is an aid to ensure that the evidence of the witness is thorough and complete
(b) It is important that every witness must be allowed to study his/her statement before
testifying
(c) A is correct and B is incorrect
(d) B is correct and A is incorrect
(e) A and B are correct

86. Indicate the correct statement. Handling of objections

(a) There are limits to the aspects against which the defence can object
(b) Objections are often raised to the submission of inadmissible evidence
(c) A is correct and B is incorrect
(d) B is correct and A is incorrect
(e) A and B are incorrect

87. Indicate the incorrect statement. A public document

(a) Was drawn up by any official
(b) Was drawn up in the execution of his/her public duty
(c) Is intended for public use
(d) The public has a right to access hereto

14
88. Indicate the incorrect statement. Characteristics of an unofficial document
(a) It is in the custody of an official of the state
(b) It is in the custody of a private attorney firm
(c) A is incorrect and B is correct
(d) A is correct and B is incorrect

89. Indicate the incorrect statement. A document need not be authenticated

(a) If the opposing party acknowledges authenticity
(b) If the court take judicial notice thereof
(c) If the document is older than 25 years
(d) If it is authenticated in the country of origin

90. Indicate the correct statement. A copy of a document may be used in the ffg circumstances
(a) If the original has been destroyed
(b) If it is inconvenient or inappropriate to produce the original
(c) If the mere existence of the document need to be proved and not the contents
(d) A and B are correct
(e) A , B and C are correct

91. Indicate the incorrect statement. Exhibits

(a) There are two types of exhibits
(b) Documentary evidence is regarded as exhibits
(c) Real evidence is regarded as exhibits
(d) A B and C are incorrect
(e) A B and C are correct

92. Indicate the correct statement. Identification parade

(a) The parade must be comprised solely of suspects
(b) There should preferable not be more than one of the suspects in the parade
(c) At least three people should form the line up of the parade
(d) The suspect(s) may not choose his/her position(s) on the parade
(e) Parades may only be conducted at the police station

93. Indicate the incorrect statement. Ito section 258 of the CPA the competent verdicts of murder
include
(a) Culpable homicide
(b) Assault with the intent to do grievous bodily harm
(c) Public violence
(d) Indecent assault
(e) Pointing of a fire – arm

15
94. Indicate the incorrect statement. Ito section 259 of the CPA the competent verdicts for
culpable homicide include
(a) Possession of a fire -arm without a license
(b) Assault with the intent to do grievous bodily arm
(c) Robbery
(d) Common assault
(e) Exposing an infant (under common or statutory law)

95. Indicate the incorrect statement. Ito section 261 of the CPA the competent verdict of rape,
compelled rape (as contemplated in section 3 and 4 of the of the criminal law (sexual offences
and related matters act ) amended act 2007 include
(a) Assault with the intent to do grievous bodily harm
(b) Indecent assault
(c) Sexual assault (as contemplated in section 5 of act 32 of 2007 )
(d) Compelled self sexual assault ( as contemplated in section 7 of act 32 of 2007 )

96. Indicate the incorrect statement. Ito section 261 of the CPA the competent verdict of sexual
assault, compelled sexual assault and compelled self sexual assault as contemplated in
sections 5,6,7 of act 32 of 2007 include
(a) Indecent assault
(b) Assault with the intent to do grievous bodily harm
(c) Common assault
(d) Culpable homicide

97. Indicate the incorrect statement. In terms of section 227 of the CPA
(a) No evidence as to any previous sexual experience of the victim other than evidence
relating to sexual experience in respect of the offence which is being tried shall be
adduced and no evidence or question in cross examination regarding such sexual
experience shall be put to the victim or any other witness at the proceedings pending
before the court unless the court has on application by any party to the proceedings
granted leave to adduce such evidence or put such question.
(b) Evidence of the previous sexual experience of the victim may be adduced if such evidence
has been introduced by the defence
(c) The court shall not grant an application that such evidence be adduced if it is of the
opinion that such evidence is sought to be adduced in support an inference that by reason
of the sexual nature of the complainants experience or conduct the complainant is more
likely to have consented to the offence being tried.

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98. Indicate the correct element with regards to competent verdicts
(a) Competent verdicts and alternative charges are the same
(b) For each competent verdict and annexure to the charge must be completed
(c) An accused may be convicted on both the main charge as well as on the competent verdict
(d) The court need not inform an undefended accused of the relevant competent verdicts of
the same offence he/she has been charged with.
(e) It is intent or implied charge(s) which only surface once the crime charged is not proved
but some other crime which is normally a lesser crime.

99. Indicate the incorrect statement

(a) A person who voluntary consumes alcohol or uses any drug to the point where criminal
non responsibility sets in and who whilst in the condition commits a crime of which he
would have been convicted but for the lack of criminal responsibility is guilty of an offence.
(b) If the evidence in criminal proceedings does not prove the commission of the offence
charged but proves an attempt to commit that offence or an attempt to commit any other
offence of which an accused may be convicted on the offence charged the accused may
be found guilty of an attempt to commit that offence or as the case may be of such other
offence.
(c) A person is an accessory after the fact to the commission of a crime if whilst the crime is
being committed he unlawfully and intentionally engages in conduct intended to enable
the perpetrator of or the accomplice in the crime to evade the liability for his crime or to
facilitate such a persons eviction of liability.
(d) The intention to assist the main offender in evading justice is an important ingredient of
successful liability.

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