TLI4801 – Techniques in Trial and Litigation
Practice Exam 2026/2027 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 primary purpose of a bail
inquiry in criminal proceedings?
A. To determine whether the accused is guilty of the offence
B. To determine whether the accused should be released
pending the finalisation of the criminal proceedings
C. To impose a sentence before trial
D. To determine whether the complainant has a civil claim
Rationale: Bail is concerned with the accused's release while
criminal proceedings are pending. The court does not determine
guilt or innocence at the bail stage. The central inquiry concerns
whether release is appropriate, having regard to the statutory
requirements and relevant interests, including the interests of
justice. A bail decision is therefore interlocutory and should not
,ordinarily become a premature determination of the merits of
the criminal charge.
Question 2
Which consideration is MOST directly relevant when a court
assesses whether an accused may evade trial if released on
bail?
A. The accused's preferred legal representative
B. The complainant's occupation
C. The likelihood that the accused will abscond
D. The colour of the accused's clothing
Rationale: The possibility that an accused may evade trial is a
central consideration in determining whether release would be
consistent with the interests of justice. A court may consider
factors such as the accused's ties to the jurisdiction, travel
documents, employment, residence, previous compliance with
court orders and the seriousness of the charge. The other
options do not constitute meaningful bail considerations.
Question 3
An accused person has been granted bail subject to conditions.
Which statement is CORRECT?
,A. The accused may ignore the conditions because bail creates
an unconditional right to freedom.
B. Bail conditions apply only if the complainant agrees to them.
C. The accused is required to comply with the conditions
imposed by the court.
D. Bail conditions automatically terminate after the first court
appearance.
Rationale: Bail is ordinarily accompanied by conditions designed
to secure the proper administration of justice. These may
regulate matters such as attendance at court, contact with
witnesses or complainants, residence and travel. Failure to
comply can have serious consequences, including
reconsideration or cancellation of bail in appropriate
circumstances. Bail therefore does not amount to unrestricted
freedom.
Question 4
What is the principal purpose of section 105A of the Criminal
Procedure Act 51 of 1977?
A. To regulate civil appeals
B. To provide a statutory framework for plea and sentence
agreements in specified criminal matters
C. To determine matrimonial property disputes
D. To regulate the appointment of advocates
, Rationale: Section 105A establishes a statutory procedure
through which the prosecution and an accused may, subject to
the requirements of the section and judicial oversight, reach an
agreement concerning a plea and an appropriate sentence. The
procedure is intended to facilitate the efficient resolution of
criminal cases while preserving judicial control and procedural
safeguards.
Question 5
Which parties are principally involved in negotiating a section
105A plea and sentence agreement?
A. The complainant and the accused only
B. The investigating officer and the complainant only
C. The prosecutor and the accused, assisted by the accused's
legal representative where applicable
D. The magistrate and the complainant
Rationale: The statutory process centres on an agreement
between the prosecution and the accused. The accused must
have appropriate legal representation in accordance with the
statutory requirements. The judicial officer is not simply another
negotiating party: the court retains an important supervisory
role in determining whether the statutory requirements have
been satisfied and whether the agreement can be accepted.
Practice Exam 2026/2027 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 primary purpose of a bail
inquiry in criminal proceedings?
A. To determine whether the accused is guilty of the offence
B. To determine whether the accused should be released
pending the finalisation of the criminal proceedings
C. To impose a sentence before trial
D. To determine whether the complainant has a civil claim
Rationale: Bail is concerned with the accused's release while
criminal proceedings are pending. The court does not determine
guilt or innocence at the bail stage. The central inquiry concerns
whether release is appropriate, having regard to the statutory
requirements and relevant interests, including the interests of
justice. A bail decision is therefore interlocutory and should not
,ordinarily become a premature determination of the merits of
the criminal charge.
Question 2
Which consideration is MOST directly relevant when a court
assesses whether an accused may evade trial if released on
bail?
A. The accused's preferred legal representative
B. The complainant's occupation
C. The likelihood that the accused will abscond
D. The colour of the accused's clothing
Rationale: The possibility that an accused may evade trial is a
central consideration in determining whether release would be
consistent with the interests of justice. A court may consider
factors such as the accused's ties to the jurisdiction, travel
documents, employment, residence, previous compliance with
court orders and the seriousness of the charge. The other
options do not constitute meaningful bail considerations.
Question 3
An accused person has been granted bail subject to conditions.
Which statement is CORRECT?
,A. The accused may ignore the conditions because bail creates
an unconditional right to freedom.
B. Bail conditions apply only if the complainant agrees to them.
C. The accused is required to comply with the conditions
imposed by the court.
D. Bail conditions automatically terminate after the first court
appearance.
Rationale: Bail is ordinarily accompanied by conditions designed
to secure the proper administration of justice. These may
regulate matters such as attendance at court, contact with
witnesses or complainants, residence and travel. Failure to
comply can have serious consequences, including
reconsideration or cancellation of bail in appropriate
circumstances. Bail therefore does not amount to unrestricted
freedom.
Question 4
What is the principal purpose of section 105A of the Criminal
Procedure Act 51 of 1977?
A. To regulate civil appeals
B. To provide a statutory framework for plea and sentence
agreements in specified criminal matters
C. To determine matrimonial property disputes
D. To regulate the appointment of advocates
, Rationale: Section 105A establishes a statutory procedure
through which the prosecution and an accused may, subject to
the requirements of the section and judicial oversight, reach an
agreement concerning a plea and an appropriate sentence. The
procedure is intended to facilitate the efficient resolution of
criminal cases while preserving judicial control and procedural
safeguards.
Question 5
Which parties are principally involved in negotiating a section
105A plea and sentence agreement?
A. The complainant and the accused only
B. The investigating officer and the complainant only
C. The prosecutor and the accused, assisted by the accused's
legal representative where applicable
D. The magistrate and the complainant
Rationale: The statutory process centres on an agreement
between the prosecution and the accused. The accused must
have appropriate legal representation in accordance with the
statutory requirements. The judicial officer is not simply another
negotiating party: the court retains an important supervisory
role in determining whether the statutory requirements have
been satisfied and whether the agreement can be accepted.
