ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.801274
DUE DATE: 10 APRIL 2025
, TLI4801
Assignment 2 Semester 1 2024
Unique Number: 801274
Due Date: 10 April 2025
Techniques in Trial and Litigation
Assignment 2 - Criminal Procedure Act 51 of 1977: Section 105A Plea
Negotiations
Part 1: Negotiation Methods (20 marks)
Assignment 2: Criminal Procedure Act 51 of 1977
Section 105A Plea Negotiations
Part 1: Negotiation Methods
Introduction
Section 105A of the Criminal Procedure Act 51 of 1977 introduces a legal framework for
plea and sentence agreements, aimed at expediting justice and reducing court
backlogs. This provision allows prosecutors and accused parties to negotiate
agreements, subject to judicial approval, ensuring both fairness and efficiency.
The plea negotiation process typically involves balancing the interests of the state, the
accused, and the victim(s). For example, in a case involving theft, the state seeks
justice and deterrence, while the accused may aim for reduced charges or sentencing.
Negotiations under s 105A must align with the broader goals of justice and efficiency
while safeguarding the rights of all parties.