Podcast
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?
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?
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?
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?
Under what circumstances can a trial be transferred from the jurisdiction of one DPP to another?
What is the consequence if a court incorrectly assumes jurisdiction over an offence?
What is the consequence if a court incorrectly assumes jurisdiction over an offence?
What action is required if an accused pleads an absence of jurisdiction according to the text?
What action is required if an accused pleads an absence of jurisdiction according to the text?
In which situation can the NDPP issue a direction for multiple criminal acts to be tried before a single court?
In which situation can the NDPP issue a direction for multiple criminal acts to be tried before a single court?
Under what circumstances can an accused defend based on the invalidity of presidential conduct before a lower court?
Under what circumstances can an accused defend based on the invalidity of presidential conduct before a lower court?
Which court is typically responsible for holding an inquest?
Which court is typically responsible for holding an inquest?
What is the jurisdiction of a lower court according to section 110 of the Magistrates’ Courts Act?
What is the jurisdiction of a lower court according to section 110 of the Magistrates’ Courts Act?
When would a trial be transferred to a division of the High Court according to section 117 of the Criminal Procedure Act?
When would a trial be transferred to a division of the High Court according to section 117 of the Criminal Procedure Act?
Under what circumstances would it be cost effective to try an offence in a convenient court where most witnesses reside?
Under what circumstances would it be cost effective to try an offence in a convenient court where most witnesses reside?