LEV3701 ASSIGNMENT 1 2021 SUPER SEMESTER SOLUTIONS
Due date: 1 June 2021
Unique assignment number: 807271
1. PRE-TRIAL PROCEEDINGS (BAIL PROCEEDINGS)
The privilege against self-incrimination is manifested in various rights which are contained in
the Bill of Rights, including the rights of an arrested person to remain silent in term of section
35(1)(a) of the Constitution of the Republic of South Africa, 1996, or not to be compelled to
make any confession or admission that could be used in evidence against that person (section
35(1)(c)), and the right of an accused person to be presumed innocent and not to testify at trial
(section 35(3)(h)).
If, therefore, someone is not advised of his right against self-incrimination during the pretrial
stages of the criminal process, including bail proceedings, and evidence is obtained because of
this violation, the evidence will generally be excluded in terms of section 35(5) of the
Constitution. However, before this happens, the test contained in section 35(5) will have to be
applied, taking the facts of the case into account.
Due date: 1 June 2021
Unique assignment number: 807271
1. PRE-TRIAL PROCEEDINGS (BAIL PROCEEDINGS)
The privilege against self-incrimination is manifested in various rights which are contained in
the Bill of Rights, including the rights of an arrested person to remain silent in term of section
35(1)(a) of the Constitution of the Republic of South Africa, 1996, or not to be compelled to
make any confession or admission that could be used in evidence against that person (section
35(1)(c)), and the right of an accused person to be presumed innocent and not to testify at trial
(section 35(3)(h)).
If, therefore, someone is not advised of his right against self-incrimination during the pretrial
stages of the criminal process, including bail proceedings, and evidence is obtained because of
this violation, the evidence will generally be excluded in terms of section 35(5) of the
Constitution. However, before this happens, the test contained in section 35(5) will have to be
applied, taking the facts of the case into account.
