SUBJECT 1: PART 2

Question 1

Inquisititorial and Accusatorial models

What is the inquisitorial model?

Difference is in function of the parties

Answer 1

-Judge is master of proceedings=actively conducts and controls proceedings by dominating questioning of witnesses and accusesed

Question 2

Inquisitorial and Accusatorial Models

What is an accusatorial system?

Answer 2

Judge has a detached role and must not enter proceedings between proesecution and defence to avoid lack of impartiality

This system is only effective if prosecution+defence function properly

Question 3

Sources of Criminal Procedure

What are the sources of criminal procedure?

Answer 3

-Constitution is supreme law=criminal procedure must align with constitution
-Criminal Procedure Act= main source of law regulates everyday functions of CP system and gives effect to BOR
-Child Justice Act= Establish a criminal justice system for childre. court apply CJA for child if both chid and adulty are charged in same trial
CJ Court is any court in the CPA

Question 4

Remedies for the Infraction of fundamental rights

How is the habeus corpus a remedy?

Protection against unlawful infringement of individuals liberty

Answer 4

1.Court asks an order that the respondent produce the detainee before the court
2.Order has a rule nisi in which the respondent should provide reasons for why the detainee should’nt be released
3. Reasons for the detention being wrongful must be produced
4. Application heard by 1 judge in a civil court and has preference on the roll

Question 5

Remedy for infraction of fundamental right

How do damages operate as a remedy?

Answer 5

An action for damages is an example of delictual liability and can be used by suspects for compensation for any abuse suffered

Question 6

Remedy for an infraction of a fundamental right

How does an interdict operate as a remedy?

Answer 6

An interdict stops certain actions by a party and purpose is to limit harm and can be obtained when there is a threat of harm

Question 7

Remedy for infraction of a fundamental right

How does the mandamus operate as a remedy?

Answer 7

A positive order that a functionary perform their duty

Question 8

Remedy for the infraction of a fundamental right

How does the exclusionary rule operate as a remedy?

Answer 8

Exclusion isn’t automatic but is based on finding that an admission of evidence would be detrimental to the administration of justice

Question 9

Remedy for infraction of fundamental rights

How do constitutional mechanisms operate as a remedy?

Answer 9

There are mechanisms for promoting human rights and legaility in constitution.
S38 lists those who may approach a court to allege a right in the BOR has been infringed.

Question 10

What are the different phases in the criminal process?

Answer 10

1. Pre-Trial
   2.Trial
   3.Sentencing
   4.Appeal/Review