QUESTION 1
Critically discuss whether prosecutorial bail may be applied for the release of the
accused, Y in this instance. (5)
Prosecutorial bail is the temporary release of an accused person awaiting trial,
sometimes on condition that a sum of money is lodged to guarantee their appearance in
court by the prosecutor after consulting with the investigation officer. Maharaj A (2010),1
emphasized that bail is granted more readily when the accused is not in danger to other
people and can easily be found by law enforcement agencies. The court will not release
the accused on prosecutorial bail when: there is a chance that the release of the
accused will endanger his/her own safety, the safety of the public or any other particular
person, there is a chance that the accused will avoid his/her trial; there is a chance that
the accused will attempt to influence or intimidate witnesses, or hide and/or destroy
evidence, there is a chance that the accused will undermine or endanger the functioning
of the justice system including the bail system, there is a chance that the accused will
disturb public order or undermine public peace and security.
In this instance, the prosecutorial bail may not be applied for the release of the accused,
Y because he may intimidate the eye witness who saw him stabbing the deceased.
Furthermore, the accused may run away and not able to attend court hearing since he
ran away by the time he murdered the deceased. Added to that the the prosecutorial
bail may not be applied for the release of the accused, Y because he may be in danger
to other people. He may kill the eye witness.
QUESTION 2
Discuss whether Mr Cleverson can correct his client`s plea. (5)
Plea of guilty is when the accused is admitting that he committed the crime to which he
is pleading guilty. Section 112 of the Criminal Procedure Act 51 of 1977 deals with
pleading guilty at summary trial and the circumstances, which demand for the matter to
1
Maharaj A, A confident Criminal Litigation (LexisNexis 2010).
Critically discuss whether prosecutorial bail may be applied for the release of the
accused, Y in this instance. (5)
Prosecutorial bail is the temporary release of an accused person awaiting trial,
sometimes on condition that a sum of money is lodged to guarantee their appearance in
court by the prosecutor after consulting with the investigation officer. Maharaj A (2010),1
emphasized that bail is granted more readily when the accused is not in danger to other
people and can easily be found by law enforcement agencies. The court will not release
the accused on prosecutorial bail when: there is a chance that the release of the
accused will endanger his/her own safety, the safety of the public or any other particular
person, there is a chance that the accused will avoid his/her trial; there is a chance that
the accused will attempt to influence or intimidate witnesses, or hide and/or destroy
evidence, there is a chance that the accused will undermine or endanger the functioning
of the justice system including the bail system, there is a chance that the accused will
disturb public order or undermine public peace and security.
In this instance, the prosecutorial bail may not be applied for the release of the accused,
Y because he may intimidate the eye witness who saw him stabbing the deceased.
Furthermore, the accused may run away and not able to attend court hearing since he
ran away by the time he murdered the deceased. Added to that the the prosecutorial
bail may not be applied for the release of the accused, Y because he may be in danger
to other people. He may kill the eye witness.
QUESTION 2
Discuss whether Mr Cleverson can correct his client`s plea. (5)
Plea of guilty is when the accused is admitting that he committed the crime to which he
is pleading guilty. Section 112 of the Criminal Procedure Act 51 of 1977 deals with
pleading guilty at summary trial and the circumstances, which demand for the matter to
1
Maharaj A, A confident Criminal Litigation (LexisNexis 2010).
