Theme 3: Pre-Trial

Question 1

What are the key factors a court considers when granting bail?

Answer 1

The court considers:

The likelihood of the accused fleeing.
The possibility of interfering with witnesses.
The seriousness of the offense.
The accused’s prior criminal record.
The interests of justice and public safety​

Question 2

What is excessive bail, and how does the court prevent it?

Answer 2

Excessive bail is an amount that is too high for the accused to afford, preventing their release.
Section 58 of the CPA requires bail to be reasonable and based on financial capacity​

Question 3

Can an accused access the police docket during a bail application?

Answer 3

No. Section 60(14) of the CPA restricts an accused from accessing the police docket during a bail application unless the prosecutor permits it​

Question 4

What are the essential elements of a proper charge sheet?

Answer 4

A charge sheet must include:

The name of the accused.
The offense committed.
The time, place, and date of the alleged crime.
Legal provisions under which the accused is charged​

Question 5

What happens if a charge sheet is defective?

Answer 5

A defective charge sheet can be amended before judgment under Section 88 of the CPA.
If not corrected, the accused may be wrongfully convicted or acquitted​

Question 6

What are the different types of pleas an accused can enter?

Answer 6

Under Section 106 of the CPA, an accused can plead:

Guilty.
Not guilty.
Autrefois convict (Previously convicted).
Autrefois acquit (Previously acquitted).
Pardon by the state​

Question 7

What happens if an accused refuses to plead?

Answer 7

If the accused refuses to plead, the court enters a plea of not guilty on their behalf, as per Section 109 of the CPA

Question 8

True or False – A court must always grant bail if the accused can afford it.

Answer 8

False. Bail is denied if it is not in the interests of justice, such as when the accused is likely to flee or commit another crime​

Question 9

True or False – An accused has the automatic right to access the police docket during a bail hearing.

Answer 9

False. Section 60(14) of the CPA restricts access unless permitted by the prosecutor​

Question 10

True or False – If an accused refuses to plead, the case cannot proceed.

Answer 10

False. The court automatically records a plea of not guilty under Section 109 of the CPA​
.

Question 11

Bail should not be set at an __________ amount that makes it impossible for an accused to afford.

Answer 11

Excessive​

Question 12

A charge sheet must contain the __________, __________, and __________ of the offense.

Answer 12

Name of the accused, date of the crime, legal provisions​

Question 13

If an accused refuses to plead, the court enters a plea of __________.

Answer 13

Not guilty

Question 14

Under what circumstances can bail be denied?
A) The accused is unemployed.
B) The accused is likely to flee or commit another crime.
C) The accused has a large family.
D) The accused was polite during the arrest.

Answer 14

✅ Answer: B – If the accused is likely to flee or commit another crime​

Question 15

Which section of the CPA governs plea procedures?
A) Section 60
B) Section 88
C) Section 106
D) Section 35

Answer 15

✅ Answer: C – Section 106 governs plea procedures​

Question 16

What must be included in a charge sheet?
A) The name of the accused.
B) The accused’s previous offenses.
C) The accused’s family details.
D) The accused’s political views.

Answer 16

✅ Answer: A – The name of the accused​