TLI4801
ASSIGNMENT 2
DUE 13 SEPT 2024
, TLI4801
ASSIGNMENT 2 2024
DUE: 17 SEPTEMBER 2024
4.2 Assignment 02 – Semester 2
Answer the following questions, using proper references. Your entire assignment
answer must not exceed 15 pages.
1. D is arrested on a charge of murder. He was seen by eye- witnesses stabbing the
deceased in an altercation, and thereafter fleeing the scene. D was arrested by the police
at his house. He thereupon phones his attorney BX from the police holding cells and says
to him: “I have been arrested, please get me out of jail.”
Critically discuss whether prosecutorial bail may be applied for the release of
the accused, D in this instance.
According to the Criminal Procedure Act 51 of 1977 (hereinafter referred to as “CPA”),
prosecutorial bail may be granted for certain offences listed in Schedule 7. Schedule 7 of
the CPA includes offences such as public violence, culpable homicide, arson, assault with
intent to cause grievous bodily harm, and others. The decision to grant prosecutorial bail
is made by the Director of Public Prosecutions (DPP) or a prosecutor authorised in writing
by the DPP, in consultation with the investigating police officer.
However, murder is not listed as one of the offences under Schedule 7 of the CPA.
Instead, it falls under the more serious offences typically outlined in Schedule 5 or
Schedule 6, which include murder, rape, and other severe crimes. These schedules
generally require a formal bail application to be made in court, and the accused will need
to show exceptional circumstances that justify their release on bail.
Application to the facts: In this case, D is charged with murder, which is not a Schedule 7
offence. Therefore, prosecutorial bail cannot be applied for the release of the accused.
Instead, D would need to apply for bail in court under the procedures applicable to serious
offences such as murder. The court will evaluate factors such as the strength of the
state's case, the likelihood of the accused fleeing, potential danger to the public, and
whether exceptional circumstances exist that would justify D's release on bail.
1A Maharaj, A Confident Criminal Litigation (Lexis Nexis 2010)
ASSIGNMENT 2
DUE 13 SEPT 2024
, TLI4801
ASSIGNMENT 2 2024
DUE: 17 SEPTEMBER 2024
4.2 Assignment 02 – Semester 2
Answer the following questions, using proper references. Your entire assignment
answer must not exceed 15 pages.
1. D is arrested on a charge of murder. He was seen by eye- witnesses stabbing the
deceased in an altercation, and thereafter fleeing the scene. D was arrested by the police
at his house. He thereupon phones his attorney BX from the police holding cells and says
to him: “I have been arrested, please get me out of jail.”
Critically discuss whether prosecutorial bail may be applied for the release of
the accused, D in this instance.
According to the Criminal Procedure Act 51 of 1977 (hereinafter referred to as “CPA”),
prosecutorial bail may be granted for certain offences listed in Schedule 7. Schedule 7 of
the CPA includes offences such as public violence, culpable homicide, arson, assault with
intent to cause grievous bodily harm, and others. The decision to grant prosecutorial bail
is made by the Director of Public Prosecutions (DPP) or a prosecutor authorised in writing
by the DPP, in consultation with the investigating police officer.
However, murder is not listed as one of the offences under Schedule 7 of the CPA.
Instead, it falls under the more serious offences typically outlined in Schedule 5 or
Schedule 6, which include murder, rape, and other severe crimes. These schedules
generally require a formal bail application to be made in court, and the accused will need
to show exceptional circumstances that justify their release on bail.
Application to the facts: In this case, D is charged with murder, which is not a Schedule 7
offence. Therefore, prosecutorial bail cannot be applied for the release of the accused.
Instead, D would need to apply for bail in court under the procedures applicable to serious
offences such as murder. The court will evaluate factors such as the strength of the
state's case, the likelihood of the accused fleeing, potential danger to the public, and
whether exceptional circumstances exist that would justify D's release on bail.
1A Maharaj, A Confident Criminal Litigation (Lexis Nexis 2010)
