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National Prosecuting Authority Act Overview

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National Prosecuting Authority Act Overview

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Questions and Answers

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?

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?

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What allows the prosecution to reinstate a withdrawn charge at a later date according to the text?

Legal entitlement under s.6(a) of CPA Signup and view all the answers

What standard of proof is required for deciding to prosecute according to the text?

Clear and convincing evidence Signup and view all the answers

What can lead to a review of the NPA's discretion by courts according to the text?

Mala fides in decision-making Signup and view all the answers

What level of certainty is NOT required when deciding to prosecute as per the text?

$rac{9}{10}$ certainty Signup and view all the answers

Under what circumstances can a withdrawn charge be reinstated according to the text?

After a guilty plea from the accused Signup and view all the answers

What duty does a prosecutor have when faced with a prima facie case according to the text?

To prosecute unless there is a compelling reason not to Signup and view all the answers

What must be proved for courts to review the NPA's discretion according to the text?

Failure to apply their mind Signup and view all the answers