Theme 2: The Trial Flashcards
What is the purpose of an indictment or charge sheet?
An indictment (High Court) or charge sheet (Magistrates’ Court) informs the accused of the offense they are charged with.
It must be clear, precise, and include the necessary legal details
What must an indictment or charge contain?
The name and identity of the accused.
The offense(s) charged and the relevant legal provisions.
The date, time, and place of the alleged offense.
All essential elements of the crime
What happens if an indictment or charge sheet is defective?
A defective charge sheet can be amended before judgment under Section 86 of the CPA.
If the defect leads to prejudice against the accused, it may lead to an acquittal
What are the different types of pleas an accused can enter?
Under Section 106 of the CPA, an accused can plead:
Guilty.
Not guilty.
Autrefois convict (Previously convicted of the same offense).
Autrefois acquit (Previously acquitted of the same offense).
Pardon by the state.
That the court has no jurisdiction
What happens if an accused refuses to plead?
Under Section 109 of the CPA, the court automatically enters a plea of ‘not guilty’
What are the steps in a criminal trial?
The trial follows these steps:
Arraignment – The accused is informed of the charges.
Plea – The accused enters a plea.
Opening Statements – The prosecution presents its case.
State’s Evidence – Witnesses testify and are cross-examined.
Defense’s Evidence – The accused may testify or present evidence.
Closing Arguments – Final arguments are presented.
Judgment – The court delivers a verdict.
Sentencing (if convicted)
What happens if the accused is found guilty?
The trial proceeds to sentencing, where mitigating and aggravating factors are considered.
The accused may present personal circumstances to reduce the sentence
What happens if the accused is found not guilty?
The accused is acquitted and released immediately.
The prosecution cannot appeal an acquittal in most cases
True or False – A charge sheet must include the date, place, and legal provisions of the offense.
True
True or False – If an accused refuses to plead, the trial cannot continue.
False. Under Section 109 of the CPA, a plea of not guilty is entered automatically
True or False – The prosecution must present all evidence before the defense.
True. The State presents its case first, and the accused has the right to respond
True or False – If an accused is found guilty, sentencing happens immediately.
False. The court considers mitigating and aggravating factors before sentencing
If an accused refuses to plead, the court enters a plea of __________.
Not guilty
The first step in a criminal trial is called __________, where the accused is informed of the charges.
Arraignment
A charge sheet must specify the __________, __________, and __________ of the alleged offense.
Date, place, legal provisions
The accused’s plea options are found under Section __________ of the CPA.
106
Which section of the CPA governs plea procedures?
A) Section 60
B) Section 88
C) Section 106
D) Section 35
✅ Correct Answer: C – Section 106 governs plea procedures
What must a charge sheet contain?
A) The accused’s favorite color.
B) The legal provisions of the crime.
C) The accused’s family details.
D) The police officer’s opinion.
✅ Correct Answer: B – The legal provisions of the crime
If a charge sheet is defective, what can the court do?
A) Ignore the defect.
B) Amend it before judgment.
C) Automatically dismiss the case.
D) Sentence the accused without a trial.
✅ Correct Answer: B – Amend it before judgment
What is the first step in a criminal trial?
A) Judgment.
B) Arraignment.
C) Sentencing.
D) Witness Testimony.
✅ Correct Answer: B – Arraignment
