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Questions and Answers

Under what circumstances must the court record a plea of not guilty?

  • If the accused changes their mind after the plea.
  • If the accused claims to have a valid defense.
  • If the prosecutor presents new evidence.
  • If the plea of guilty was incorrectly recorded or there is insufficient proof of guilt. (correct)

    • What does an undisputed admission by the accused constitute?

  • Proof of the fact admitted. (correct)
  • A reason for the court to dismiss charges.
  • A basis for the court to disregard further evidence.
  • An official plea of guilty.

    • What must happen if the accused pleads not guilty according to Section 122?

  • The magistrate will forcibly dismiss the case.
  • Proceedings will be adjourned pending a decision from the DPP. (correct)
  • The accused must enter a plea of guilty.
  • The case will be resolved immediately without further proceedings.

    • What is a possible action the DPP may take after proceedings are adjourned under subsection (1)?

    <p>Arraign the accused on a new charge before another court.</p> Signup and view all the answers

    Which statement describes the role of the court regarding evidence after a plea of not guilty is entered?

    <p>The court may hear evidence, including statements from the accused about sentencing.</p> Signup and view all the answers

    What must the court be satisfied of before granting an order to publish identifying information about an applicant?

    <p>The applicant understands the nature and effect of a court order</p> Signup and view all the answers

    Which of the following factors is NOT considered by the court when determining whether to grant a publication order?

    <p>The accused's previous convictions</p> Signup and view all the answers

    What could be a consequence if the publication of information reveals the identity of another person involved?

    <p>The order may be denied</p> Signup and view all the answers

    How might the publication of identifying information affect the administration of justice according to the court's considerations?

    <p>It can enhance witness participation in processes</p> Signup and view all the answers

    Which of the following is a potential hardship considered by the court when assessing an application for publication?

    <p>Impact on the person’s mental health</p> Signup and view all the answers

    What is one of the interests of society that the court takes into account regarding the publication of identifying information?

    <p>Encouraging reporting of offences</p> Signup and view all the answers

    In what scenario may a court decide to hold a hearing regarding the order for publication?

    <p>If it deems it in the interest of administration of justice</p> Signup and view all the answers

    Which of the following elements is considered regarding the dignity and privacy of a person involved when a publication order is sought?

    <p>The likelihood of personal harassment</p> Signup and view all the answers

    What must the court do regarding the accused's intention to give evidence?

    <p>The court must ask the accused if he intends to give evidence.</p> Signup and view all the answers

    What can the accused do if he initially declines to give evidence?

    <p>The accused can choose to give evidence later after other defence evidence is presented.</p> Signup and view all the answers

    In which scenario is an undefended accused entitled to information about his rights?

    <p>At the end of the State's case if not discharged.</p> Signup and view all the answers

    What does the section on judicial officers indicate about their role during a trial?

    <p>They must ensure fairness and justice and may intervene when necessary.</p> Signup and view all the answers

    What does Section 196(1) stipulate regarding the accused as a witness?

    <p>The accused is a competent witness on his own application.</p> Signup and view all the answers

    What is indicated about presumptions in the context of the accused's burden of proof?

    <p>Certain presumptions are justified and can aid in effective prosecution.</p> Signup and view all the answers

    What is the requirement for an accused regarding documents presented in court?

    <p>The accused must read the relevant document unless waived by the prosecutor.</p> Signup and view all the answers

    What happens if the accused is found not to have a competent defence?

    <p>The court takes necessary steps to ensure the accused is informed of his rights.</p> Signup and view all the answers

    What authority does the Director of Public Prosecutions (DPP) have in relation to a charge the accused has pleaded guilty to?

    <p>To arraign the accused for sentence before a jurisdictional court</p> Signup and view all the answers

    In what situation can the DPP decline to prosecute the accused?

    <p>If the DPP believes there is insufficient evidence to support the trial</p> Signup and view all the answers

    What must the magistrate do if the DPP decides that the accused should be arraigned for sentence in a court other than the one concerned?

    <p>Adjourn the case for sentence by the other court</p> Signup and view all the answers

    What is the condition under which an accused's plea of guilty can be disregarded?

    <p>If the plea was recorded incorrectly</p> Signup and view all the answers

    In which scenario can a court convict an accused based on a plea of guilty?

    <p>When the court is satisfied of the guilty plea's correctness</p> Signup and view all the answers

    What happens if the accused convinces the court that their guilty plea was incorrectly recorded?

    <p>The court will record a plea of not guilty and proceed with a summary trial</p> Signup and view all the answers

    Which of the following is a requirement for the record of a preparatory examination to be received in court against the accused?

    <p>Proof of the record must be provided in court</p> Signup and view all the answers

    What is the role of the DPP during the arraignment for trial if the accused pleaded either guilty or not guilty?

    <p>To arraign the accused for trial before any court with jurisdiction</p> Signup and view all the answers

    What was established regarding the preparatory examination record in S v Sterrenberg?

    <p>Neither party is obliged to present it as evidence.</p> Signup and view all the answers

    What happens when the DPP declines to prosecute under section 139(c)?

    <p>Criminal proceedings cannot be initiated again for the same charge.</p> Signup and view all the answers

    How is the effect of a DPP's decline to prosecute interpreted?

    <p>As an acquittal on merits by a court of law.</p> Signup and view all the answers

    In what scenario is an accused entitled to a copy of the preparatory examination record without payment?

    <p>When accused is not legally represented.</p> Signup and view all the answers

    What provision is made regarding the inspection of the preparatory examination record?

    <p>The accused can inspect it during arraignment without charge.</p> Signup and view all the answers

    What is the role of the clerk of the court concerning the preparatory examination record?

    <p>To provide the record to the accused or their legal adviser as outlined in the provisions.</p> Signup and view all the answers

    According to section 143, what principle is reinforced regarding the accused's rights?

    <p>The accused has a right to be informed of the allegations against him.</p> Signup and view all the answers

    What right does an accused have regarding the preparatory examination record under section 143?

    <p>The right to inspect the record at no cost during arraignment.</p> Signup and view all the answers

    Study Notes

    Plea of Guilty or Admission Incorrectly Recorded

    • If the accused convinces the court that their plea of guilty or admission of guilt was incorrectly recorded, the court must record a plea of not guilty and proceed with a summary trial.
    • The court must also record a plea of not guilty if the court believes the accused is not guilty or has a valid defense.
    • Admissions by the accused, which are not disputed, are considered proof of the admitted facts.
    • The prosecutor can still present evidence on any aspect of the charge.
    • The court can hear evidence on sentencing, including statements from the accused.
    • The court can question the accused on any aspect of the case to determine a suitable sentence.

    Director of Public Prosecutions (DPP) Arraigns Accused for Sentence or Trial

    • After a preparatory examination, the DPP may arraign the accused for sentencing or trial.
    • The DPP may arraign the accused for sentencing even if the plea was not guilty if the accused pleaded guilty during the preparatory examination.
    • The DPP has the right to arraign an accused for trial, regardless of their earlier plea during the preparatory examination.
    • The DPP can decline to prosecute the accused.

    Procedure Where Accused Arraigned for Sentence

    • If the accused is arraigned for sentencing, the magistrate must inform the accused of the DPP’s decision.
    • If the decision is to proceed with sentencing in the current court, the magistrate must oversee the sentencing.
    • If the decision is to sentence in a different court, the magistrate will adjourn the case until the other court can set the sentence.
    • The record of the preparatory examination is considered part of the court record for the accused, except if the individual convinces the court the plea or admission was incorrectly recorded.
    • The court can convict the accused based on their guilty plea and impose a sentence if the accused does not prove the plea was incorrect or if the court believes the accused is guilty.
    • The court can convict the accused based on their guilty plea and impose a sentence if the accused does not prove the plea was incorrect or if the court believes the accused is guilty.

    Procedure Where the DPP Declines To Prosecute

    • If the DPP declines to prosecute, they must inform the magistrate of the district where the preparatory examination took place.
    • The magistrate must release the accused from custody if they are detained or inform the accused in writing if they are not.
    • This decision essentially equates to an acquittal on merit and can be used as a defense in the case of a retrial, under the principle of autrefois acquit.

    Accused’s Right To Inspect and Obtain Records

    • The accused has a right to inspect the record of the preparatory examination without payment during their arraignment.
    • The accused has the right to receive a copy of the preparatory examination record for a reasonable amount, except if they are represented by legal aid or pro deo counsel.
    • The court clerk is responsible for providing the preparatory examination record to the accused or their legal advisor.

    Accused’s Rights In Court

    • The accused must be informed of the charges against them and have access to the records of the preparatory examination if they contain the allegations.
    • The court must inform the accused of their right to give evidence in their defense and their right to choose when they will give evidence.
    • If the accused chooses to give evidence, they should be called as a witness before other defense witnesses.
    • If the accused initially declines to give evidence but later changes their mind, the court can make inferences from their actions.
    • The accused has the right to examine defense witnesses and provide other evidence in their defense.
    • The accused must be informed of their rights before pleading.
    • Judicial officers must ensure fairness and justice in court proceedings.
    • The accused is not compelled to give evidence, they need to make their own decision.
    • The accused benefits from certain established legal presumptions, as long as they are reasonable and help with effective prosecution.
    • The accused has the right to request publication of their identity if they were a minor during the criminal proceedings.
    • Interested parties can also apply for an order to publish the identity of the accused if they were a minor during the criminal proceedings.
    • The court can also make an order to authorize the publication of information that would reveal the identity of the accused.
    • There are factors that determine the authorization of publishing personal information and they include the age and identity of the people involved, length of time since the trial, and the overall effects on privacy and legal proceedings.

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