Tutorial Letter 101/3/2023: Criminal Procedure
Tutorial Letter 101/3/2023: Criminal Procedure
Criminal Procedure
CPR3701
Semesters 1 and 2
BARCODE
CONTENTS
Page
1 INTRODUCTION ..........................................................................................................3
5 RESOURCES ..............................................................................................................8
5.1 Prescribed book(s) .......................................................................................................8
5.2 Recommended book(s) ................................................................................................8
5.3 Electronic reserves (e-reserves) ..................................................................................8
5.4 Library services and resources information .................................................................8
10 IN CLOSING ..............................................................................................................16
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CPR3701/101/3/2023
Dear Student
1 INTRODUCTION
Teaching and learning in a CODeL context involve multiple modes of delivery ranging
from blended learning to fully online. As a default position, all post graduate
programmes are offered fully online with no printed study materials, while
undergraduate programmes are offered in a blended mode of delivery where printed
study materials are augmented with online teaching and learning via the learner
management system – myUnisa. In some instances, undergraduate programmes are
offered fully online as well.
Furthermore, our programmes are aligned with the vision, mission and values of the
University. Unisa's commitment to serve humanity and shape futures combined with a
clear appreciation of our location on the African continent, Unisa's graduates have
distinctive graduate qualities which include
• independent, resilient, responsible and caring citizens who are able to fulfil and
serve in multiple roles in their immediate and future local, national and global
communities having a critical understanding of their location on the African
continent with its histories, challenges and potential in relation to globally
diverse contexts the ability to critically analyse and evaluate the credibility and
usefulness of information and data from multiple sources in a globalised world
with its ever-increasing information and data flows and competing worldviews
how to apply their discipline-specific knowledges competently, ethically and
creatively to solve real-life problems an awareness of their own learning and
developmental needs and future potential
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2 PURPOSE AND OUTCOMES
2.1 Purpose
Throughout this module, you will find a range of assignments and activities that have
been set to develop your knowledge of criminal procedure with the above purpose in
mind. Ultimately, you will be expected to display summative knowledge of the study
material in the examination.
2.2 Outcomes
The learning outcomes of each learning unit of this module are contained in the study
guide. These outcomes are designed to assist you in achieving the following holistic
cognitive understanding and skills:
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Criminal procedure is a living area of the law and is thus constantly developing. Courts
exist to implement, develop and expand the principles of criminal procedure almost
daily. For this reason, it is important that you keep up to date with specific
developments.
Remember that this module is a third-level module. We therefore expect a higher level
of legal knowledge and critical analysis than in previous years of study. In this regard,
you will have noticed that this is a 12-credit module. Notional learning hours are the
estimated learning time taken by the “average” student to achieve the specified
learning outcomes of the course unit or programme. They are therefore not a precise
measure, but they essentially provide students with an indication of the amount of
study and degree of commitment expected. Notional learning time includes teaching
contact time (lectures, seminars, tutorials, laboratory practicals, workshops, fieldwork,
etc), time spent on preparing and carrying out formative and summative assessments
(written coursework, oral presentations, exams, etc) and time spent on private study,
whether in term time or during holidays. Higher Education uses the 10-hour credit,
which means that each credit awarded equates with 10 notional hours of successful
learning. The notional learning time encompasses all time (formal classes, self-study,
reading, searching the internet for information, writing assignments) the learner spends
in pursuit of achieving the designated learning outcomes. The emphasis is on the term
”notional” because it is well known that the actual time that learners need to achieve
designated learning outcomes varies considerably. It is based on how long it would
take an average full-time student entering a university and studying that subject at that
level for the first time to gain the knowledge, skills and understanding to achieve the
learning outcomes. Therefore, it is presumed that an average student will take 120
hours to successfully achieve a 12-credit module. The notional-hour calculation for
CPR3701 is as follows:
Activities Estimated
student time in
hours
Reading and comprehending study guide of 160 pages, including note- 16
taking (at 10 pages an hour)
Reading and comprehending textbook content of approximately 400 33
pages, including note-taking (average of 12 pages an hour)
Reading and comprehending Tutorial Letter 101 – 50 pages (average 4
of 15 pages an hour)
Completing activities in the guide and reading feedback to activities 6
Attending tutorials/group visits/satellite broadcasts/video conferences 5
at learning centre (preparation and attendance)
Completing three assignments 20
• Reading
• Drafting and revision
• Writing/typing final copy
Reading and comprehending other tutorial letters 2
Participating in online discussion forum topics and e-tutoring sessions 12
Revision 20
Examination 2
TOTAL 120
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3 CURRICULUM TRANSFORMATION
Unisa has implemented a transformation charter, in terms of which the university has
placed curriculum transformation high on the teaching and learning agenda.
Curriculum transformation includes student-centred scholarship, the pedagogical
renewal of teaching and assessment practices, the scholarship of teaching and
learning, and the infusion of African epistemologies and philosophies. All of these will
be phased in at both programme and module levels, and because of this you will notice
a marked change in the teaching and learning strategy implemented by Unisa, together
with the way in which the content is conceptualised in your modules. We encourage
you to embrace these changes during your studies at Unisa in a responsive way within
the framework of transformation.
To assist Unisa to safeguard your personal information, please ensure that you only
use your myLife e-mail account when communicating with the university. We will not
be responding to any emails sent from private email addresses.
By using your myLife e-mail account, the university has a reasonable assurance that
we are communicating with you, as your e-mail address contains your student number
and you use your login credentials to access the account.
Unisa may only communicate with a student using a private e-mail address under
the following circumstances:
• New applicants who are enquiring about information for the purpose of
applying for admission.
• New applicants who do not yet have a myLife e-mail account, because they
have been admitted but not yet registered.
Please be aware that any personal information you publish on public platforms, such
as social media platforms and WhatsApp groups, is not covered by the provisions of
Protection of Personal Information Act 4 of 2013. Any personal information published
in the public domain is not considered private and can, therefore be accessed by
external parties with access to such platforms.
4.1 Lecturer(s)
4.2 Department
If you wish to contact the Department of Criminal and Procedural Law, do so at 012
429 4995, 012 429 8444, 012 429 4814 or 012 429 8397.
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Please send all emails from your mylife email account. If you send an e-mail
directly to a Unisa e-mail address, insert your student number in the subject line to
affect the correct routing to an advisor for processing.
4.4 University
To contact the university, please dial 080 000 1870. Remember to keep your student
number at hand when contacting the university. The Unisa Student Communication
Service Centre will be open weekdays from 08:00 – 16:00 (South African Standard
Time).
Please send all emails from your mylife email account. If you send an e-mail
directly to a Unisa e-mail address, insert your student number in the subject line to
affect the correct routing to an advisor for processing. Please check the list carefully
and send an enquiry to one e-mail address only. This will ensure that there is no
confusion as to who must respond, thereby preventing unnecessary delays in the
response or the email portrayed as spam. Students should only forward enquiries to
the Registrar and Deputy Registrar in instances where those enquiries could not be
resolved at other levels.
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FINANCE
Student account
finan@unisa.ac.za 012 429 2441/4299
enquiries
STUDENT FUNDING
General student funding
letsomp@unisa.ac.za 012 441 5600
enquiries
STUDY MATERIAL
Despatch enquiries despatch@unisa.ac.za
5 RESOURCES
The only prescribed textbook for this course is Joubert JJ (ed), Criminal Procedure
Handbook (13 ed, Juta 2020) (hereinafter referred to as ‘the handbook’). The 13th
edition contains several important legal and other amendments to the previous
editions. We advise you not to purchase/use previous editions that are outdated,
since this could be to your disadvantage.
In addition to the 2017 prescribed textbook and legislative guide, we also recommend
Swanepoel JP (ed), The Criminal Procedure Workbook (2 ed, Juta 2016). This text poses
questions and provides insights in answering typical questions asked in criminal procedure
assignments, tests and examinations. The book is therefore recommended, but not
prescribed. We advise you not to purchase/use previous editions that are outdated,
since this could be to your disadvantage.Recommended books can be requested online,
via the Library catalogue.
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Recommended guides:
This brochure contains important information and guidelines for successful studies
through Unisa.
If you need assistance regarding the myModules system, you are welcome to use the
following contact details:
You can access and view short videos on topics such as how to view your calendar,
how to access module content, how to view announcements for modules, how to
submit assessment and how to participate in forum activities via the following link:
https://dtls-qa.unisa.ac.za/course/view.php?id=32130
Registered Unisa students get a free myLife e-mail account. Important information,
notices and updates are sent exclusively to this account. Please note that it can take
up to 24 hours for your account to be activated after you have claimed it. Please do
this immediately after registering at Unisa, by following this link:
myLifeHelp@unisa.ac.za
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Your myLife account is the only e-mail account recognised by Unisa for official
correspondence with the university and will remain the official primary e-mail
address on record at Unisa. You remain responsible for the management of this e-
mail account.
Many students find the transition from school education to tertiary education stressful.
This is also true in the case of students enrolling at Unisa for the first time. Unisa is a
dedicated open distance and e-learning institution, and it is very different from face-to-
face/contact institutions. It is a mega university, and all our programmes are offered
through either blended learning or fully online learning. It is for this reason that we
thought it necessary to offer first-time students additional/extended support to help
them seamlessly navigate the Unisa teaching and learning journey with little difficulty
and few barriers. We therefore offer a specialised student support programme to
students enrolling at Unisa for the first time – this is Unisa’s First-Year Experience
(FYE) Programme, designed to provide you with prompt and helpful information about
services that the institution offers and how you can access information. The following
FYE services are currently offered:
• FYE website: All the guides and resources you need to navigate through your
first year at Unisa can be accessed using the following link:
www.unisa.ac.za/FYE
• FYE e-mails: You will receive regular e-mails to help you stay focused and
motivated.
• FYE broadcasts: You will receive e-mails with links to broadcasts on various
topics related to your first-year studies (e.g. videos on how to submit
assessments online).
• FYE mailbox: For assistance with queries related to your first year of study,
send an e-mail to fye@unisa.ac.za
Some companies and social media pages have been falsely advertising Unisa online
information and various services to assist Unisa students. In the process, companies
either solicit money fraudulently from students or make money through online
advertising with no benefit to students.
We request that students only use official Unisa sites and platforms as any other
platforms will provide you with incorrect information and/or act illegally which will be
harmful to your studies.
Unisa will always use official communication channels (eg Unisa website, myUnisa,
Unisa social media platforms, myLife e-mail) to communicate with students.
Please use the following Unisa platforms for official Unisa information:
• www.unisa.ac.za
• https://my.unisa.ac.za
• https://www.facebook.com/UniversityOfSouthAfrica
• https://twitter.com/unisa
• https://www.linkedin.com/company/unisa
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7 ASSESSMENT
(b) Please note that if you obtain less than 40% in the examination, your year
mark will not be considered in calculating your final mark.
(c) The examination paper consists of 80 marks and counts 60% towards your final
mark for the module.
• To complete this module, you will be required to submit two (2) assessments.
• All information about when and where to submit your assessments will be made
available to you via the myModules site for your module.
• Due dates for assessments, as well as the actual assessments are available
on the myModules site for this module.
• To gain admission to the examination, you will be required to submit at least
one of the two assignments.
• To gain admission to the examination, you need to obtain a year mark average
of 50% for the assignments.
• The assignment weighting for the module is 40%.
• You will receive examination information via the myModules sites. Please
watch out for announcements on how examinations for the modules for which
you are registered will be conducted.
• The examination will count 60% towards the final module mark.
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7.4 Submission of assessments
• The myUnisa virtual campus will offer students access to the myModules site,
where learning material will be available online and where assessments should
be completed. This is an online system that is used to administer, document,
and deliver educational material to students and support engagement between
academics and students.
• When you access your myModules site for the module/s you are registered for,
you will see a welcome message posted by your lecturer. Below the welcome
message you will see the assessment shells for the assessments that you need
to complete. Some assessments may be multiple choice, some tests, others
written assessments, some forum discussions, and so on. All assessments
must be completed on the assessment shells available on the respective
module platforms.
• To complete quiz assessments, please log on to the module site where you
need to complete the assessment. Click on the relevant assessment shell
(Assessment 1, Assessment 2, etc.). There will be a date on which the
assessment will open for you. When the assessment is open, access the quiz
online and complete it within the time available to you. Quiz assessment
questions are not included in this tutorial letter (Tutorial Letter 101) and are only
made available online. You must therefore access the quiz online and complete
it online where the quiz has been created.
• It is not advisable to use a cell phone to complete the quiz. Please use a
desktop computer, tablet or laptop when completing the quiz. Students who
use a cell phone find it difficult to navigate the Online Assessment tool on the
small screen and often struggle to navigate between questions and
successfully complete the quizzes. In addition, cell phones are more vulnerable
to dropped internet connections than other devices. If at all possible, please
do not use a cell phone for this assessment type.
• For written assessments, please note the due date by which the assessment
must be submitted. Ensure that you follow the guidelines given by your lecturer
to complete the assessment. Click on the submission button on the relevant
assessment shell on myModules. You will then be able to upload your written
assessment on the myModules site of the modules that you are registered for.
Before you finalise the upload, double check that you have selected the correct
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file for upload. Remember, no marks can be allocated for incorrectly submitted
assessments.
There are no assignments included in this tutorial letter. Assignments and due
dates will be made available to you on myModules for this module. We envisage that
the due dates will be available to you upon registration.
(b) Every Question constitutes 4 and 5 statements from which you are required to
choose the CORRECT or INCORRECT option.
(c) ONLY one (1) option is either CORRECT or INCORRECT in respect of each
Question. In other words, you may only choose one answer in respect of every
Question for the purposes of the submission of this Assignment.
(d) Please note that while some of the statements in each Question might be
partially correct, you are, nonetheless, required to select the most accurate
option as your answer.
(e) While some Questions are framed on the premise of a stem which is followed
by a thread of connecting assertions, others are constituted of straightforward
statements, from which students are required to draw comparisons through
reasoning, analogy and critical analysis before arriving at the most appropriate
answer. We expect our students, subject to reading and studying the
handbook, to be able to make out the latter form of statements, and to answer
accordingly.
7.5.2 Assignment 03
PLEASE NOTE: these are the type of questions which you will be expected to
answer in the examination.
The questions in Assignment 03 come in the form of scenarios. Here students must be
guided by the marks which are allocated in respect of each question. Whilst is some
instances you may be required to answer a question requiring one word or sentence,
you shall, in others, be called upon to answer longer questions awarding more marks.
The above-mentioned distinction is an important, crucial and decisive consideration in
the examination, as it will determine the amount of time that is spent in question.
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Unnecessarily responding with full-length paragraph to a question requiring a simple
word or sentence might prove fatal to completing the examination in good time.
PLEASE NOTE:
Whilst most of the information to be produced in your work is sourced from the
prescribed study material, it is vitally important to “bring your own voice” into
the reckoning by writing (and by extension) interpreting the work in your own
words.
Examination information and details on the format of the examination will be made
available to you online via the myUnisa site. Look out for information that will be shared
with you by your lecturers and for communication from the university.
7.6.1 Invigilation/proctoring
Since 2020 Unisa conducts all its assessments online. Given stringent requirements
from professional bodies and increased solicitations of Unisa’s students by third parties
to unlawfully assist them with the completion of assignments and examinations, the
University is obliged to assure its assessment integrity through the utilisation of various
proctoring tools: Turnitin, Moodle Proctoring, the Invigilator App and IRIS. These tools
will authenticate the student’s identity and flag suspicious behaviour to assure
credibility of students’ responses during assessments. The description below is for
your benefit as you may encounter any or all of these in your registered modules:
IRIS Invigilation software verifies the identity of a student during assessment and
provides for both manual and automated facial verification. It has the ability to record
and review a student’s assessment session. It flags suspicious behaviour by the
students for review by an academic administrator. IRIS software requires installation
on students’ laptop devices that are enabled with a webcam.
Students who are identified and flagged for suspicious dishonest behaviour arising
from the invigilation and proctoring reports are referred to the disciplinary office for
formal proceeding.
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Please note:
Students must refer to their module assessment information on their myModule sites
to determine which proctoring or invigilation tool will be utilised for their formative and
summative assessments.
8 ACADEMIC DISHONESTY
8.1 Plagiarism
Plagiarism is the act of taking the words, ideas and thoughts of others and presenting
them as your own. It is a form of theft. Plagiarism includes the following forms of
academic dishonesty:
• Copying and pasting from any source without acknowledging the source.
• Not including references or deliberately inserting incorrect bibliographic
information.
• Paraphrasing without acknowledging the original source of the information.
8.2 Cheating
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-
rules
All module content-related enquiries must first be addressed to the relevant module
lecturers. As already indicated above, all such enquiries must be made from your
mylife@unisa.ac.za email account. Where your module lecturer(s) is unable to assist,
such enquiries can be escalated to the Chair of the Department in which your module
is located. The Chair of the Department is the one with the power to resolve issues, is
authorised to make such interventions, and has the final say in matters relating to the
administration of a module. Such escalation must be done via the departmental
administrative staff.
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Contact information for all the departmental administrative staff in the department is
captured below.
The Advocacy and Resource Centre for Students with Disabilities (ARCSWiD)
provides an opportunity for staff to interact with first-time and returning students with
disabilities.
If you are a student with a disability and would like additional support or need additional
time for assessments, you are invited to contact M T Mokoena
(mokoemt@unisa.ac.za) to discuss the assistance that you need.
10 IN CLOSING
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