Question $17$

Choose the CORRECT answer from the following statements

a$.$In an application for the broadcasting of proceedings the court must balance the exceptional circumstances involved in allowing the cameras into the courtroom against the degree of interest shown by the public in the case.

b$.$When determining an application to broadcast proceedings speculation that prejudice might occur is sufficient to decline the application.

c$.$In the spirit of openness, the court does not have the discretion to disallow regarding the broadcast of proceedings before it$.$

d$.$The broadcasting of court proceedings cannot be taken to apply generally without an order by the court allowing it$.$

e$.$The trial court must examine each application to broadcast proceedings using an objective test.

Question $18$

Choose the INCORRECT answer from the following statements

The expungement of sentences may be effected,

a$.$automatically in respect of all offences

b$.$only through legislative injunction

c$.$on application by the person concerned

d$.$automatically in respect of certain offences

e$.$after a fixed period of time

Question $19$

Choose the INCORRECT answer from the following statements

Traditional plea bargaining

a$.$does not entail the defence and the prosecution holding the court to an agreement on sentence.

b$.$is essentially formal in nature.

c$.$does not entail a binding agreement in respect of the facts and the sentence to be imposed on the accused.

d$.$binds the prosecution in accordance with the basic notions of fairness and justice.

e$.$is essentially informal in nature.

Question $20$

Choose the CORRECT answer from the following statements

a$.$Where the court sits with two assessors and an assessor dies or becomes incapable of performing their duties as assessor, the remaining members of the court become functus officio.

b$.$In the High Court the presiding judge has a discretion on whether to sit with assessors in murder cases.

c$.$The assessor$$s competence or lack thereof can be established subjectively.

d$.$In the High Court the presiding judge has no discretion on whether to sit with assessors in murder cases.

e$.$Where the court sits with two assessors and an assessor dies or becomes incapable of performing their duties as assessor, the presiding judge may acquit the accused summarily.

Question $21$

Choose the CORRECT answer from the following statements

a$.$In terms of s $153(1)$ of the CPA a court is empowered to exclude the public from the proceedings.

b$.$In terms of s $153(1)$ of the CPA a court is under no circumstances empowered to exclude the public from the proceedings.

c$.$In terms of s $153(2)($a$)$ only the identity of the child accused is protected from disclosure.

d$.$Once the public has been excluded from a trial in terms of s $153$ of the CPA, the court may under no circumstances relax the conditions of exclusion.

e$.$In terms of s $63(5)$ of the Child Justice Act, if the court finds it to be just and equitable and in the interest of the child, the court may allow the publication of all the information relating to the trial.

Question $22$

Choose the INCORRECT answer from the following statements

Cross$-$examination

a$.$may only be conducted by the defence

b$.$is not confined to issues raised by the witness during examination$-$in$-$chief

c$.$may be reserved by the court on good grounds shown

d$.$can be conducted by both the prosecution and the defence

e$.$is essentially conducted to elicit facts favourable to the cross$-$examiner$$s case

Question $23$

Choose the INCORRECT answer from the following statements

Minimum sentences

a$.$apply where the court finds the existence of $$compelling and substantial$$ circumstances which justify a lesser offence

b$.$should apply as the point of departure, and not departed from lightly

c$.$apply where the court finds the existence of $$exceptional circumstances$$ which justify a lesser offence

d$.$apply only in respect of serious offences murder and rape

e$.$do not apply to offenders under the age of $18$ years

Question $24$

Choose the INCORRECT answer from the following statements

a$.$An intellectually impaired person may be admonished by the court to $$speak the truth$$

b$.$An affirmation is regarded as a substitute for the oath in circumstances where a witness objects to taking the prescribed oath

c$.$A prosecutor may administer the oath in the absence of the presiding officer

d$.$An oath may only be administered by the court

e$.$Admonishment to $$speak the truth$$ has the same force and effect in respect of a witness who does not understand the nature and import of the oath