1. Open justice can be equated with the concept that justice must be “seen to be done”.
TRUE
2. Open justice is protected by the right to a fair
... [Show More] trial and is an absolute right. FALSE
3. The court cannot exclude any member of the public from the trial of an adult accused.
FALSE
4. In cases where a witness for the state is about to abscond, the prosecutor may apply for
a warrant of arrest and have the said witness detained pending the trial. TRUE. P.316
5. Co-accused are ordered numerically. TRUE. P.323
6. The prosecution decides the numerical order of co-accused at a trial. TRUE. P.323
7. The court can of its own accord raise the issue of separation. TRUE. P.327
8. The principle of legality is constitutionally entrenched.TRUE. P.333
9. The principle of equality of arms is founded on equal opportunities being available to
both the state and the defence to prove their respective cases. TRUE. P 335
10. The merits of a case are the cardinal point of the court’s considerations when
determining whether to convict or acquit. TRUE
11. Where required, the entire judgment of the court must be translated into a language that
the accused understands. TRUE. P.350.
12. In cases where the charge pertains to multiple acts or omissions, the court must deliver
judgment separately on each individual charge. FALSE. P.351
13. Some sentences do not constitute punishments. TRUE. P375
14. In Rabie 1975 (4) SA 855 (A) 862G, the court summarised the general principles of
sentencing. TRUE. P.376
15. Imprisonment, committal to a treatment centre, a fine and correctional supervision are
the only sentences that can be imposed by a court. FALSE. P.384
16. Periodical imprisonment is a form of short-term imprisonment and is also informally
known as “weekend imprisonment”. TRUE. P.389
17. The Constitution secures a general right of review. TRUE. P.413
18. Fairness no longer entails enquiring whether there was a failure of justice, but whether
the trial was fair. TRUE. P.414
19. Review is more appropriate than appeal in cases where the accused is dissatisfied with
the procedures during the trial.TRUE. P.421
20. There is a general right of appeal in South Africa. TRUE.
21. The right of appeal is justifiably limited by section 36 of the Constitution. TRUE. P.448
22. A person can appeal against the sentence imposed or the conviction – not both. FALSE.
P421
23. The Constitution empowers the President to pardon or reprieve offenders in certain
circumstances. TRUE. P.505
24. The President is empowered to re [Show Less]