Professional Documents
Culture Documents
20 2020
MODULE NAME: MODULE CODE:
CRIMINAL PROCEDURE CRPR6212
ASSESSMENT TYPE: TAKE HOME EXAM – PAPER ONLY
TOTAL MARK ALLOCATION: 120 MARKS
TOTAL TIME: The time given to students to complete this assessment will be
indicated on your module in Learn.
By submitting this assessment, you acknowledge that you have read and understood all the rules
as per the terms in the registration contract, in particular the assignment and assessment rules in
The IIE Assessment Strategy and Policy (IIE009), the intellectual integrity and plagiarism rules in
the Intellectual Integrity Policy (IIE023), as well as any rules and regulations published in the
student portal.
INSTRUCTIONS:
1. Please adhere to all instructions. These instructions are different from what is normally
present, so take time to go through these carefully.
2. Independent work is required. Students are not allowed to work together on this
assessment. Any contraventions of this will be handled as per disciplinary procedures in The
IIE policy.
3. No material may be copied from original sources, even if referenced correctly, unless it is
a direct quote indicated with quotation marks.
4. All work must be adequately and correctly referenced and this must be done using the IIE
Legal Referencing Guidelines.
5. You should paraphrase the concepts (use your own words) that you are referencing, rather
than quoting directly.
6. Marks will be awarded for the quality of your paraphrasing.
7. This is an open‐book assessment.
8. Your assessment may be handwritten or typed.
9. Answer all questions.
10. For typed assessments: ensure that you save a copy of your responses.
a. Complete your responses in an MS Word document.
b. The document name must be your name, student number and Module Code.
c. Once you have completed the assessment, upload your document under the
submission link in the correct module in Learn.
11. If you are completing a hardcopy in your own handwriting:
You need to complete your questions in your own handwriting on paper.
Ensure that all your pages are numbered on the top right‐hand side of the page – e.g. 1 of
12.
Please work neatly, write clearly and ensure that your questions are clearly numbered in a
coherent order so that you do not lose marks because your lecturer cannot read your
handwriting or cannot follow the orderly flow of your questions in the paper.
Either (i) Scan your pages OR (ii) photograph your pages. Ensure that the pages are in the
correct order.
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Label your photographs or scanned paper as follows: Name, Student Number, Module
Code and Page 1; (for each page in the event that you are scanning photographs or
separate scanned pages. Where you scan the whole paper all at once, you need only use
this label once). It is also suggested that you write your name, student number and
module code at the top or bottom of your pages.
Once you have completed the assessment, upload your document under the submission
link in the correct module in Learn.
When referencing according to the IIE Legal Referencing Guidelines in your own
handwriting, keep some space at the bottom of each page to write in your footnotes as if
you were inserting them using MS Word and remember to include a written bibliography
at the end of your paper
Additional instructions:
Dictionaries and calculators are allowed.
For multiple‐choice questions, give only one (1) response per question. The marker will
ignore any question with more than one answer, unless otherwise stated. You should,
therefore, be sure of your answer before committing it to paper.
Show all calculations, where applicable (marks may be awarded for this).
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Referencing Rubric
Providing evidence based on valid and referenced academic sources is a fundamental educational principle and the cornerstone of high‐
quality academic work. Hence, The IIE considers it essential to develop the referencing skills of our students in our commitment to achieve
high academic standards. Part of achieving these high standards is referencing in a way that is consistent, technically correct and
congruent. This is not plagiarism, which is handled differently.
Poor quality formatting in your referencing will result in a penalty of a maximum of ten percent being deducted from the mark awarded,
according to the following guidelines. Please note, however, that evidence of plagiarism in the form of copied or uncited work (not
referenced), absent reference lists, or exceptionally poor referencing, may result in action being taken in accordance with The IIE’s
Intellectual Integrity Policy (0023).
Markers are required to provide feedback to students by indicating (circling/underlining) the information that best describes the
student’s work. Minor technical referencing errors: 5% deduction from the overall mark – the student’s work contains five or more
errors listed in the minor errors column in the table below.
Major technical referencing errors: 10% deduction from the overall mark – the student’s work contains five or more errors listed in the
major errors column in the table below. If both minor and major errors are indicated, then 10% is deducted from the overall mark.
The examples provided below are not exhaustive but are provided to illustrate the error.
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Question 1 (Marks: 40)
Q.1.1 Distinguish between the following concepts:
Q.1.1.1 Substantive law and adjective law; (6)
Q.1.1.2 Public and private prosecutions; (6)
Q.1.1.3 The ascertainment of bodily features for investigation purposes and the (4)
collection of bodily features; and
Q.1.1.4 A plea and preparatory examinations. (4)
Q.1.2. The rule of law is comprised of three pillars. By way of example, explain each of (9)
the three pillars.
Hint: Read through paragraph 2 on pp.123‐124 and using your own words, write
down three examples of the pillars discussed or referred to in the text.
Q.1.3 Section 26 and 27 of the Criminal Procedure Act allow members of the police to (11)
enter a private dwelling for the purposes of “interrogation”. Briefly explain how
these two sections impact the rights of the occupier of the private dwelling in
terms of section 14 of the Constitution.
Question 2 (Marks: 60)
You are the prosecutor in a matter concerning Saleem Sanchez. Sanchez has been charged with
murder. Answer the following questions:
Q.2.1 Assume for this question that Saleem Sanchez’s defence attorney tells the court (10)
that Sanchez was not read his rights upon arrest. Explain, in your own words the
right to a fair trial with reference to the role played by the Bill of Rights in
criminal procedure.
Note: Read only paragraph 3.1 on pages 16 to 17 and paragraph 3.3 on page 19.
Your answer should focus broadly on the meaning of ‘fair trial rights’ and not on
the consequences of not having one’s rights read upon arrest. More marks will be
allocated where case law is used to substantiate your answer.
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Question 3 (Marks: 20)
Q.3.1 Assume for this question that Saleem Sanchez has been detained and wishes to
bring a bail application in terms of section 60 of the Criminal Procedure Act. Below
are a list of “factors” concerning Saleem. Indicate whether or not the court will
take any of the factors listed below into account, alternatively the relevance of the
factors, when considering Saleem’s bail application. Provide a reason for your
answer.
Note: Consult section 60 of the Criminal Procedure Act.
Q.3.1.1 The prosecution claims that there is a flight‐risk but Saleem also (2)
presents evidence to the court that he is diabetic and takes
insulin shots daily.
Q.3.1.2 Saleem is unemployed and cannot afford bail. (2)
Q.3.1.3 The complainant who brought a charge of sexual assault against (2)
Saleem, lives in the same block of flats as Saleem.
Q.3.1.4 Saleem is homeless and lives under a bridge. (2)
Q.3.1.5 Saleem threatens to go on hunger strike if bail is refused. (2)
Q.3.2 The following statements relate to an appeal by the prosecution. Explain each
statement.
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