Procedural Aspects of Criminal Jurisdiction: Territorial Jurisdiction

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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?

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

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

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

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

The court must refer the case to another court with jurisdiction. 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?

When witnesses reside in another jurisdiction Signup and view all the answers

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

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

Which court is typically responsible for holding an inquest?

High Court Signup and view all the answers

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

Not to pronounce on constitutional validity of laws or presidential conduct 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?

When an accused bases a defence on invalidity of presidential conduct 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?

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

Procedural Aspects of Criminal Jurisdiction: Territorial Jurisdiction

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