Procedural Aspects of Criminal Jurisdiction: Territorial Jurisdiction
12 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What happens if an accused fails to plead absence of jurisdiction and proceeds to plead guilty or not guilty before a court without jurisdiction?

  • The accused will be transferred to another court.
  • The court may assume jurisdiction over the offence. (correct)
  • The accused will be automatically acquitted.
  • The case will be immediately dismissed.
  • In the context discussed, what action must be taken if the accused pleads an absence of jurisdiction?

  • The accused will be automatically acquitted.
  • The trial will be postponed indefinitely.
  • The accused will be transferred to a different country.
  • The court must refer the case to another court with jurisdiction. (correct)
  • What authority has the discretion to transfer an investigation or trial from one Director of Public Prosecutions (DPP) to another?

  • Minister of Justice
  • Chief Justice
  • National Director of Public Prosecutions (NDPP) (correct)
  • Attorney General
  • Under what circumstances can a trial be transferred from the jurisdiction of one DPP to another?

    <p>If the offence was wholly or partially committed under a different DPP's jurisdiction</p> Signup and view all the answers

    What is the consequence if a court incorrectly assumes jurisdiction over an offence?

    <p>The court's decision may be legally challenged.</p> Signup and view all the answers

    What action is required if an accused pleads an absence of jurisdiction according to the text?

    <p>The court must refer the case to another court with jurisdiction.</p> Signup and view all the answers

    In which situation can the NDPP issue a direction for multiple criminal acts to be tried before a single court?

    <p>When witnesses reside in another jurisdiction</p> Signup and view all the answers

    Under what circumstances can an accused defend based on the invalidity of presidential conduct before a lower court?

    <p>When the trial must be transferred to a division of the High Court</p> Signup and view all the answers

    Which court is typically responsible for holding an inquest?

    <p>High Court</p> Signup and view all the answers

    What is the jurisdiction of a lower court according to section 110 of the Magistrates’ Courts Act?

    <p>Not to pronounce on constitutional validity of laws or presidential conduct</p> Signup and view all the answers

    When would a trial be transferred to a division of the High Court according to section 117 of the Criminal Procedure Act?

    <p>When an accused bases a defence on invalidity of presidential conduct</p> Signup and view all the answers

    Under what circumstances would it be cost effective to try an offence in a convenient court where most witnesses reside?

    <p>When it would be costly to bring witnesses to the current jurisdiction</p> Signup and view all the answers

    More Like This

    Use Quizgecko on...
    Browser
    Browser