Podcast
Questions and Answers
What is the main basis on which the NPA's discretion to prosecute can be reviewed by courts?
What is the main basis on which the NPA's discretion to prosecute can be reviewed by courts?
- Lack of evidence
- Personal bias
- Incompetence in decision-making
- Failure to apply their mind (correct)
What is the duty of a prosecutor when there is a prima facie case against the accused?
What is the duty of a prosecutor when there is a prima facie case against the accused?
- To seek further evidence before considering prosecution
- To wait until the accused pleads guilty
- To negotiate a settlement with the accused
- To definitely prosecute the accused (correct)
When deciding to prosecute, what level of certainty is required from the prosecution as per the text?
When deciding to prosecute, what level of certainty is required from the prosecution as per the text?
- Clear and convincing evidence
- Balance of probabilities
- Prima facie case only (correct)
- Beyond reasonable doubt
What allows the prosecution to reinstate a withdrawn charge at a later date according to the text?
What allows the prosecution to reinstate a withdrawn charge at a later date according to the text?
What standard of proof is required for deciding to prosecute according to the text?
What standard of proof is required for deciding to prosecute according to the text?
What can lead to a review of the NPA's discretion by courts according to the text?
What can lead to a review of the NPA's discretion by courts according to the text?
What level of certainty is NOT required when deciding to prosecute as per the text?
What level of certainty is NOT required when deciding to prosecute as per the text?
Under what circumstances can a withdrawn charge be reinstated according to the text?
Under what circumstances can a withdrawn charge be reinstated according to the text?
What duty does a prosecutor have when faced with a prima facie case according to the text?
What duty does a prosecutor have when faced with a prima facie case according to the text?
What must be proved for courts to review the NPA's discretion according to the text?
What must be proved for courts to review the NPA's discretion according to the text?
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