TLI4801 – Techniques in Trial and Litigation
Assignment 2 Practice Exam 2026 Practice
Questions & Study Guide | Complete Exam-
Style Questions with Correct Detailed Answers
& Rationales (Reliable Answers) | Latest
Updated Version | Instant Download PDF
Question 1
Which statement best describes the principal purpose of a
conference between a defence attorney and the prosecutor
before a criminal trial?
A) To allow the defence attorney to determine the sentence
that the magistrate will impose
B) To replace the trial by privately deciding whether the accused
is guilty
C) To clarify issues, explore the possibility of resolving the
matter lawfully, and facilitate the efficient preparation of the
case
D) To allow the defence attorney to compel the prosecutor to
withdraw the charge
Answer: C
,The purpose of a pre-trial conference is not to determine guilt
privately or dictate the outcome of the case. Proper
communication between the parties can identify issues in
dispute, clarify facts, consider possible admissions or
agreements permitted by law, and promote the efficient
administration of justice. The prosecutor remains under an
independent duty to act fairly and in accordance with the law,
while defence counsel must protect the accused's interests and
maintain professional obligations.
Question 2
An accused is charged with an offence and indicates that she
wishes to plead guilty. Under the ordinary procedure applicable
to a guilty plea at summary trial, what is the court primarily
concerned with when the circumstances require questioning
under section 112(1)(b)?
A) Whether the accused has enough money to pay a fine
B) Whether the prosecutor recommends imprisonment
C) Whether the accused admits the allegations necessary to
establish the offence
D) Whether the complainant agrees with the guilty plea
Answer: C
,Section 112(1)(b) requires the court, where applicable, to
question the accused concerning the alleged facts to establish
whether the accused admits the allegations in the charge. The
purpose is to ensure that the plea is genuine and that the
admitted facts legally establish guilt. The court is therefore not
simply accepting the word "guilty"; it must ensure that the
factual basis supports a lawful conviction.
Question 3
Which of the following is the best description of a section 105A
plea and sentence agreement?
A) An agreement between the accused and the complainant
determining the accused's guilt
B) An agreement in which the magistrate privately promises a
particular sentence
C) An agreement between an authorised prosecutor and a
legally represented accused concerning a guilty plea and,
where applicable, a just sentence
D) An agreement allowing an accused to avoid all criminal
consequences
Answer: C
Section 105A provides a statutory mechanism for a prosecutor
authorised in writing by the National Director of Public
, Prosecutions and a legally represented accused to negotiate an
agreement concerning a plea of guilty and, if convicted, a just
sentence. The court is not merely a rubber stamp for the
agreement; statutory safeguards and judicial oversight remain
essential.
Question 4
An accused is applying for bail. Which general principle most
accurately describes the court's starting point?
A) Every accused must remain in custody until trial
B) Wealthy accused persons have an automatic right to bail
C) An accused in custody is entitled to release on bail where
the interests of justice permit it, subject to the statutory
framework
D) Bail may only be granted after the State has proved the
accused innocent
Answer: C
The Criminal Procedure Act establishes a framework under
which an accused in custody may be released on bail where the
interests of justice permit. Bail is not a determination of guilt or
innocence. The court assesses whether detention before trial is
justified under the statutory grounds and circumstances
applicable to the particular case.
Assignment 2 Practice Exam 2026 Practice
Questions & Study Guide | Complete Exam-
Style Questions with Correct Detailed Answers
& Rationales (Reliable Answers) | Latest
Updated Version | Instant Download PDF
Question 1
Which statement best describes the principal purpose of a
conference between a defence attorney and the prosecutor
before a criminal trial?
A) To allow the defence attorney to determine the sentence
that the magistrate will impose
B) To replace the trial by privately deciding whether the accused
is guilty
C) To clarify issues, explore the possibility of resolving the
matter lawfully, and facilitate the efficient preparation of the
case
D) To allow the defence attorney to compel the prosecutor to
withdraw the charge
Answer: C
,The purpose of a pre-trial conference is not to determine guilt
privately or dictate the outcome of the case. Proper
communication between the parties can identify issues in
dispute, clarify facts, consider possible admissions or
agreements permitted by law, and promote the efficient
administration of justice. The prosecutor remains under an
independent duty to act fairly and in accordance with the law,
while defence counsel must protect the accused's interests and
maintain professional obligations.
Question 2
An accused is charged with an offence and indicates that she
wishes to plead guilty. Under the ordinary procedure applicable
to a guilty plea at summary trial, what is the court primarily
concerned with when the circumstances require questioning
under section 112(1)(b)?
A) Whether the accused has enough money to pay a fine
B) Whether the prosecutor recommends imprisonment
C) Whether the accused admits the allegations necessary to
establish the offence
D) Whether the complainant agrees with the guilty plea
Answer: C
,Section 112(1)(b) requires the court, where applicable, to
question the accused concerning the alleged facts to establish
whether the accused admits the allegations in the charge. The
purpose is to ensure that the plea is genuine and that the
admitted facts legally establish guilt. The court is therefore not
simply accepting the word "guilty"; it must ensure that the
factual basis supports a lawful conviction.
Question 3
Which of the following is the best description of a section 105A
plea and sentence agreement?
A) An agreement between the accused and the complainant
determining the accused's guilt
B) An agreement in which the magistrate privately promises a
particular sentence
C) An agreement between an authorised prosecutor and a
legally represented accused concerning a guilty plea and,
where applicable, a just sentence
D) An agreement allowing an accused to avoid all criminal
consequences
Answer: C
Section 105A provides a statutory mechanism for a prosecutor
authorised in writing by the National Director of Public
, Prosecutions and a legally represented accused to negotiate an
agreement concerning a plea of guilty and, if convicted, a just
sentence. The court is not merely a rubber stamp for the
agreement; statutory safeguards and judicial oversight remain
essential.
Question 4
An accused is applying for bail. Which general principle most
accurately describes the court's starting point?
A) Every accused must remain in custody until trial
B) Wealthy accused persons have an automatic right to bail
C) An accused in custody is entitled to release on bail where
the interests of justice permit it, subject to the statutory
framework
D) Bail may only be granted after the State has proved the
accused innocent
Answer: C
The Criminal Procedure Act establishes a framework under
which an accused in custody may be released on bail where the
interests of justice permit. Bail is not a determination of guilt or
innocence. The court assesses whether detention before trial is
justified under the statutory grounds and circumstances
applicable to the particular case.
