TLI4801 Assignment 2 – 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
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Question 1
An accused is arrested for arson before making a first
appearance in a lower court. Which statutory provision
specifically permits an authorised prosecutor to consider
releasing an accused on bail for certain offences, including
arson?
A. Section 58 of the Criminal Procedure Act 51 of 1977
B. Section 59A of the Criminal Procedure Act 51 of 1977
C. Section 60A of the Criminal Procedure Act 51 of 1977
D. Section 112 of the Criminal Procedure Act 51 of 1977
Rationale: Section 59A provides a mechanism whereby a
Director of Public Prosecutions, or a prosecutor authorised in
writing by the relevant Director, may authorise the release of an
accused on bail in respect of offences listed in Schedule 7. Arson
,is specifically included in Schedule 7. The provision therefore
forms the statutory foundation for what is commonly described
as prosecutorial bail. Section 60 primarily regulates bail
applications before a court, while section 112 deals with guilty
pleas at summary trials.
Question 2
Which statement most accurately describes the constitutional
starting point when a court considers bail?
A. Every accused must prove innocence before bail can be
granted.
B. Bail is available only after the State has completed its
investigation.
C. An accused has a constitutional right to be released from
detention if the interests of justice permit, subject to lawful
limitations.
D. Bail is automatically refused whenever the alleged offence is
serious.
Rationale: The Constitution recognises an arrested person's
right to be released from detention if the interests of justice
permit, subject to reasonable conditions. Bail is therefore not
determined simply by the seriousness of an accusation. The
court must conduct the required statutory and constitutional
balancing exercise, considering the interests of justice together
,with the relevant circumstances of the accused and the
community.
Question 3
Which consideration is specifically relevant to whether release
on bail may undermine the proper functioning of the criminal
justice system?
A. Whether the accused owns a motor vehicle
B. Whether the accused has completed tertiary education
C. Whether the accused has previously travelled internationally
D. Whether the accused may evade trial or interfere with
witnesses or evidence
Rationale: Bail is concerned principally with ensuring that an
accused attends court and that the administration of justice is
not undermined while the case is pending. The Criminal
Procedure Act identifies circumstances such as the possibility of
absconding, intimidating witnesses, concealing or destroying
evidence, or undermining the proper functioning of the criminal
justice system. Personal lifestyle matters are relevant only
where they have a genuine connection to those statutory
considerations.
Question 4
, A prosecutor authorised in writing by the Director of Public
Prosecutions considers prosecutorial bail under section 59A.
Which additional procedural consultation is required?
A. Consultation with the magistrate who will hear the case
B. Consultation with the accused's future defence counsel
C. Consultation with the police official charged with
investigating the case
D. Consultation with the complainant's private attorney only
Rationale: Section 59A requires the authorised prosecutor to
consult the police official responsible for the investigation
before authorising the release. The requirement recognises that
the investigating official possesses important information about
the circumstances of the offence, the accused, possible risks,
and the state of the investigation. Consultation with the
eventual judicial officer would be inappropriate because the
court must remain independent of the prosecutorial decision-
making process.
Question 5
Which offence is expressly listed in Schedule 7 for purposes of
section 59A?
A. Murder
B. Rape
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
An accused is arrested for arson before making a first
appearance in a lower court. Which statutory provision
specifically permits an authorised prosecutor to consider
releasing an accused on bail for certain offences, including
arson?
A. Section 58 of the Criminal Procedure Act 51 of 1977
B. Section 59A of the Criminal Procedure Act 51 of 1977
C. Section 60A of the Criminal Procedure Act 51 of 1977
D. Section 112 of the Criminal Procedure Act 51 of 1977
Rationale: Section 59A provides a mechanism whereby a
Director of Public Prosecutions, or a prosecutor authorised in
writing by the relevant Director, may authorise the release of an
accused on bail in respect of offences listed in Schedule 7. Arson
,is specifically included in Schedule 7. The provision therefore
forms the statutory foundation for what is commonly described
as prosecutorial bail. Section 60 primarily regulates bail
applications before a court, while section 112 deals with guilty
pleas at summary trials.
Question 2
Which statement most accurately describes the constitutional
starting point when a court considers bail?
A. Every accused must prove innocence before bail can be
granted.
B. Bail is available only after the State has completed its
investigation.
C. An accused has a constitutional right to be released from
detention if the interests of justice permit, subject to lawful
limitations.
D. Bail is automatically refused whenever the alleged offence is
serious.
Rationale: The Constitution recognises an arrested person's
right to be released from detention if the interests of justice
permit, subject to reasonable conditions. Bail is therefore not
determined simply by the seriousness of an accusation. The
court must conduct the required statutory and constitutional
balancing exercise, considering the interests of justice together
,with the relevant circumstances of the accused and the
community.
Question 3
Which consideration is specifically relevant to whether release
on bail may undermine the proper functioning of the criminal
justice system?
A. Whether the accused owns a motor vehicle
B. Whether the accused has completed tertiary education
C. Whether the accused has previously travelled internationally
D. Whether the accused may evade trial or interfere with
witnesses or evidence
Rationale: Bail is concerned principally with ensuring that an
accused attends court and that the administration of justice is
not undermined while the case is pending. The Criminal
Procedure Act identifies circumstances such as the possibility of
absconding, intimidating witnesses, concealing or destroying
evidence, or undermining the proper functioning of the criminal
justice system. Personal lifestyle matters are relevant only
where they have a genuine connection to those statutory
considerations.
Question 4
, A prosecutor authorised in writing by the Director of Public
Prosecutions considers prosecutorial bail under section 59A.
Which additional procedural consultation is required?
A. Consultation with the magistrate who will hear the case
B. Consultation with the accused's future defence counsel
C. Consultation with the police official charged with
investigating the case
D. Consultation with the complainant's private attorney only
Rationale: Section 59A requires the authorised prosecutor to
consult the police official responsible for the investigation
before authorising the release. The requirement recognises that
the investigating official possesses important information about
the circumstances of the offence, the accused, possible risks,
and the state of the investigation. Consultation with the
eventual judicial officer would be inappropriate because the
court must remain independent of the prosecutorial decision-
making process.
Question 5
Which offence is expressly listed in Schedule 7 for purposes of
section 59A?
A. Murder
B. Rape
