CCP - INTRODUCTION Flashcards
SELF STUDY SECTION
Who is the dominus litis in criminal proceedings?
A) The Judge
B) The Prosecutor
C) The Defence Attorney
D) The Police
B
What is the main function of the Correctional Services in South Africa?
A) Investigating crimes
B) Representing the accused
C) Detaining awaiting-trial persons and convicted offenders
D) Issuing court summonses
C
Which court is the highest authority in South Africa regarding constitutional matters?
A) Supreme Court of Appeal
B) Regional Court
C) Constitutional Court
D) Magistrate’s Court
C
When is a legal representative ethically required to withdraw from a case?
A) When the client cannot pay fees
B) When a conflict of interest arises
C) When the case is delayed
D) When there is insufficient evidence
B
What document must the DPP issue if they decide not to prosecute a case?
A) Subpoena
B) Nolle prosequi certificate
C) Arrest warrant
D) Summons
B
Explain the role of the Prosecuting Authority in a criminal trial.
The Prosecuting Authority represents the state, decides whether to institute criminal proceedings, formulates charges, and ensures the trial proceeds in accordance with legal standards.
Why is the first consultation between a legal practitioner and a client crucial in the pre-trial stage?
It establishes the nature of the client’s issue, gathers critical facts, and ensures accurate advice and representation strategies.
What are the ethical considerations when representing multiple co-accused in a case?
The practitioner must assess conflicts of interest and ensure privileged information from one client does not prejudice another.
True/False:
The police must always witness the commission of a crime to investigate it.
False
True/False: A magistrate has administrative and judicial responsibilities in a district court.
True
True/False: A legal practitioner must withdraw if they cannot resolve conflicting instructions from a client.
True
True/False: Prosecutors can issue fines to accused persons.
False
