1161102265_UCP4612_L2.pdf - ANSWER SHEET Student ID Section Group QUESTION 1161102265 L2 MARKS Subject Code Lecturer Name UCP4612 MR Azizie HONESTY

1161102265_UCP4612_L2.pdf - ANSWER SHEET Student ID Section...

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ANSWER SHEET Student ID 1161102265 Subject Code UCP4612 Section / Group L2 Lecturer Name MR. Azizie P a g e 1 | 17 QUESTION* MARKS* HONESTY PLEDGE I pledge on my honour that I will neither give nor receive any unauthorised aid on the examination. I will not copy, exchange or share my answers of this examination from/with other person(s) during this examination. By accepting this pledge, I acknowledge that as a student of Multimedia University, I am expected to conduct myself in a manner that exemplifies honesty, integrity, and good character. ……………………… (Student‟s Signature) TOTAL* * for Lecturer usage. YOUR ANSWER BEGINS HERE. QUESTION 1(a) Cognisance means the point when a Magistrate takes judicial notice of an offence. This is done to ascertain facts in order to separate unfounded instances from substantial cases to prevent innocent persons from being placed in police custody and to help the Magistrate to judge whether there are grounds for investigation as well as proceedings with this case. When a Magistrate applies his mind to the suspected commission of an offence before taking any judicial action on it, but with the object of deciding whether he should or should not take such action he takes cognisance of the offence. The scope and extent of this notion is enshrined in section 128(1), where the Magistrate may take cognisance of an offence in any of the following situations: upon receiving a complaint as defined by this Code, upon his knowledge or suspicion that such offence had been committed, whenever it appears to the Public Prosecutor that
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ANSWER SHEET Student ID 1161102265 Subject Code UCP4612 Section / Group L2 Lecturer Name MR. Azizie P a g e 2 | 17 an offence has been committed and he, by warrant under his hand, requires a Magistrate to inquire into the same and such Magistrate receives the warrant, or on any person brought before him in custody without process of accused having committed an offence which such Magistrate has the jurisdiction to try the offence. QUESTION 1 (b) (i). A charge is the first step in the process of criminal prosecution. The contents of a charge that has been framed develops into a definite and factual allegation which must either be proved or disproved in accordance with the rules under criminal procedure and the law of evidence. So, when a person is said to be charged with an offence, he is in fact called to appear before a judge and be informed of the charge or complaint against him, and to defend himself in a court of law. However, it is one of the most essential concepts bound under criminal law that an accused person must have the necessary knowledge and comprehension in respect to the nature of the accusations against him prior to the defence stage where the accused is allowed to make his case. The term charge is not defined in the Criminal Procedural Code generally, it means a specific accusation made against a person of an offence alleged to be committed by him. In the case of Mahomed Humayoon v Regina, a charge
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