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Criminal Procedure Tutorial Questions

The document outlines tutorial questions related to criminal procedure, focusing on private prosecution, lawful arrest, and the handling of statements in court. It discusses the implications of amendments to the CPEA, the justification for private prosecution, and the circumstances under which the Prosecutor General can withhold a nolle prosequi certificate. Additionally, it covers methods of bringing an accused to trial, the differences between arrests with and without warrants, and the procedures for altering an accused's statement.

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4 views2 pages

Criminal Procedure Tutorial Questions

The document outlines tutorial questions related to criminal procedure, focusing on private prosecution, lawful arrest, and the handling of statements in court. It discusses the implications of amendments to the CPEA, the justification for private prosecution, and the circumstances under which the Prosecutor General can withhold a nolle prosequi certificate. Additionally, it covers methods of bringing an accused to trial, the differences between arrests with and without warrants, and the procedures for altering an accused's statement.

Uploaded by

ropafadzomudhara6
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

CRIMINAL PROCEDURE TUTORIAL QUESTIONS

1. Read the Telecel Zimbabwe Pvt Ltd V AG of Zimbabwe SC 1/2014 on private


prosecution. How has it been changed by amendment to S16 of the CPEA?
2. What is the justification for private prosecution in our law considering that there is a clear
legal framework for public prosecution?
 Having peculiar interest
 Injured by the act or any exception under section 14
 Interest in the issue at trial
3. Under what circumstances can the Prosecutor General lawfully withhold the certificate of
nolle proseque?
 Not in the interest of the public/ national security
 enough defense by the defense council to the charge
 inadequate evidence
 conduct have no criminal offence
4. Give and explain four methods of bringing an accused person for trial.
 Arrest
 Summons
 Written notice to appear
 Notice by court to appear
5. Briefly discuss the requirements for a lawful arrest and the remedies available to an
accused person who has been unlawfully arrested and detained.
 Contravened an existing law
 Informed at point of arrest sec 50
 In control or submission of words sect 41
 Time to appropriate authorities
 Remedies – habeas corpus
 Interdict
 Mandamus van spolie
 Damages
 Permanent stay of prosecution
 Exclusion of evidence
6. Explain the difference between an arrest with warrant and an arrest without a warrant.
 Authority
 Reasonability
 Trial pending
 Issued by

7. Define extra-curial statements and how a confirmed and an unconfirmed statement is
produced into evidence.
 Statements made outside the court.
 Submitted to the court and trial within a trial
8. Compare and contrast a trial within a trial and confirmation procedure. Sect 113
9. Who bears the onus of proving that that the statement was made freely and voluntarily on
both
Unconfirmed is the state
confirmed statements the accused
10. Briefly discuss the procedure that is followed by a prosecutor who intends to alter an
accused person’s statement.
 Should contain prejudicial material
 5-day notice
 Compliance then can be altered if not then can be used as it is

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