TLI4801 ASSIGNMENT 2 SEMESTER 1 FOR 2022-TECNIQUES IN TRIAL AND LITIGATION.

TLI4801 ASSIGNMENT 2 SEMESTER 1-TECHNIQUES
IN TRIAL AND LITIGATION. 90% AND ABOVE.
DISTINCTION GUARANTEED. QUALITY WORK WITH
FOOTNOTES AND BIBLIOGRAPHY.


QUESTION 1
(a)
The prosecutorial bail may be applied for the release of the accused, F in this instance
because of the following explanation. According to Section 59A of the Criminal
Procedure Act 51 of 1977, a prosecutor may instruct the release of an accused before
his first appearance for any offence listed in schedule 7 of the act. 1 Prosecutorial bail
can be applied for prior to the arrested person making their first appearance in court. A
prosecutor, under the authorization of the Director of Public Prosecutions may release
the arrested person on bail after consultation with the investigating officer. Prosecutorial
Bail is mainly applicable to more serious offences as listed in schedule 7, for instance
arson, public violence, robbery and culpable homicide. According to section 35(1)(f) of
the Constitution an accused has the right to be released from detention if the interests
of justice permit, subject to reasonable conditions. 2

This clearly shows that prosecutorial bail may be applied for the release of the accused,
F in this instance because schedule 7 of the Criminal Procedure Act allows the release
on prosecutorial bail in respect of offences like arson.

(b)
1
Criminal Procedure Act 51 of 1977.
2
Constitution of the Republic of South Africa 108 of 1996.