Scribd Logo
Upload

Welcome to Scribd!

  • Crim Proc Nov 2015

    Uploaded by

    sibanokwa
    5 views2 pages
    This document contains instructions and questions for a Criminal Procedure exam at the University of KwaZulu-Natal. [1] It outlines the duration, total marks, examiners, and instructions to answer all questions and write legibly. [2] The 5 questions cover various topics in criminal procedure, including methods to secure an accused's attendance in court, pleas an accused may raise, police powers to arrest and search without warrants, whether evidence obtained in an unlawful search should be excluded, and factors considered in bail applications.

    Original Description:

    practical study material

    Original Title

    Crim_Proc_Nov_2015 (1)

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document contains instructions and questions for a Criminal Procedure exam at the University of KwaZulu-Natal. [1] It outlines the duration, total marks, examiners, and instructions to answer all questions and write legibly. [2] The 5 questions cover various topics in criminal procedure, including methods to secure an accused's attendance in court, pleas an accused may raise, police powers to arrest and search without warrants, whether evidence obtained in an unlawful search should be excluded, and factors considered in bail applications.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    5 views2 pages

    Crim Proc Nov 2015

    Uploaded by

    sibanokwa
    This document contains instructions and questions for a Criminal Procedure exam at the University of KwaZulu-Natal. [1] It outlines the duration, total marks, examiners, and instructions to answer all questions and write legibly. [2] The 5 questions cover various topics in criminal procedure, including methods to secure an accused's attendance in court, pleas an accused may raise, police powers to arrest and search without warrants, whether evidence obtained in an unlawful search should be excluded, and factors considered in bail applications.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 2

    UNIVERSITY OF KWAZULU–NATAL – PIETERMARITZBURG CAMPUS

    SCHOOL OF LAW: NOVEMBER 2015 MAIN EXAMINATION


    MODULE AND CODE: CRIMINAL PROCEDURE (LAWS3CP/LAWP3CP)
    FULL–TIME & PART–TIME

    Page 1 of 2

    DURATION: 3 HOURS TOTAL MARKS: 75

    INTERNAL EXAMINER : MS S. BHAMJEE

    INDEPENDENT MODERATOR: MS N. WHITEAR-NEL

    INSTRUCTIONS

    1. This paper consists of TWO (2) pages. Please make sure


    that you have all the pages.
    2. You are required to answer ALL QUESTIONS.
    3. Students are requested, in their own interests, to write
    legibly.
    4. Students are allowed to bring a copy of Criminal Procedure
    Act into the examination.

    Continued/…
    UNIVERSITY OF KWAZULU–NATAL – PIETERMARITZBURG CAMPUS
    SCHOOL OF LAW: NOVEMBER 2015 MAIN EXAMINATION
    MODULE AND CODE: CRIMINAL PROCEDURE (LAWS3CP/LAWP3CP)
    FULL–TIME & PART–TIME

    Page 2 of 2

    QUESTION 1

    Discuss the various methods of securing the attendance of an accused in court


    indicating the circumstances under which each should be used.

    [Total Q1: 20 marks]

    QUESTION 2

    Briefly discuss the pleas that an accused may raise as provided for by the Criminal
    Procedure Act, 51 of 1977.
    [Total Q2: 20 marks]

    QUESTION 3

    Discuss the powers of the police to arrest and search a person without the necessary
    warrants.
    [Total Q3: 15 marks]

    QUESTION 4

    Joe, a police officer, forcibly opens the cellar of the accused’s (Wendy) house without
    Wendy’s consent and without a warrant to search. Joe then searches the cellar and
    finds a bag full of Mandrax tablets, 100kg of dagga and documents, addressed to
    Wendy’s lawyer. During the trial Wendy argues that the search was illegal because
    Joe did not act upon a warrant, and in accordance with the provisions of the CPA, and
    that Joe’s evidence relating to the dependence producing substances and the
    documents must be excluded as evidence as it was obtained unlawfully. The
    prosecution argues that Joe acted lawfully and the court must allow Joe’s evidence.

    Discuss whether the arguments of Wendy or the State should be accepted by the
    court. Your answer must also reflect the classes of articles that are susceptible to
    seizure.

    [Total Q4: 15 marks]

    QUESTION 5

    Discuss the risks and factors which must be considered by a court when deciding a
    bail application.

    [Total Q5: marks]

    TOTAL FOR PAPER: 75 MARKS

    You might also like