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ZIMBABWE

MINISTRY OF HIGHER AND TERTIARY EDUCATION,

SCIENCE AND TECHNOLOGY DEVELOPMENT

HIGHER EDUCATION EXAMINATIONS COUNCIL

(HEXCO)

NATIONAL DIPLOMA

IN

APPLIED LAW

SUBJECT: Criminal Procedure PAPER NO: 624/17/S03

DURATION: 3 Hours

111 MARCH /APRIL 2019 EXAMINATION 111

REQUIREMENTS

INSTRUCTIONS TO CANDIDATE

1) Answer ALL questions.

2) Candidates are advised to quote relevant authorities in

their answer.

3) Refer to case law were appropriate.

This paper consists of 2 printed pages.

PAPER NO: 624/ 17 /S03-CRIMINAL PROCEDURE

QUESTION 1

An individual's personal liberty is guaranteed by the constitution. It is however

constitutionally permissible to derogate from their right upon satisfying certain
specified requirements. This is the basis upon which a person may be lawfully
arrested and detained before his guilt is proven beyond reasonable doubt .
Before a court can order the detention of an unconvicted person the question of
bail must be satisfied.

With the aid of case law, discuss the various factors and principles that the
court may consider when determining the question of bail. (25 marks)

QUESTION 2

In a criminal trial only evidence of value that tends to implicate the a ccused to
t h e crime charged, is a video recording of his alleged confession and indication
at the scene of the crime. During the course of the trial, the prosecutor wishes
to introduce into evidence the video recording aforesaid. Explain how the court
should proceed in the circumstances in which an extra-curial statement has
been produced. (25 marks)

QUESTION 3

Section 202 and 203 of the Criminal Procedure and Evidence Act (Chapter
9 :07) provide for the amendment of a charge after the accused has a lready
tendered his plea . Explain the scope of application of each of the sections.
(2 5 marks)

QUESTION 4

Explain the two main tests used by our courts to determine whether there has
b een an improper splitting of charges in a criminal trial. (25 m arks)

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