TLI4801 – Techniques in Trial and Litigation:
Criminal Procedure Act Assignment 2 Practice
Exam 2026/2027 Practice Questions & Study
Guide | Complete Exam-Style Questions with
Correct Detailed Answers & Rationales
(Reliable Answers) | Latest Updated Version |
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Question 1
Which provision of the Criminal Procedure Act 51 of 1977
primarily regulates the release of an accused on bail by a court?
A) Section 50
B) Section 60
C) Section 105A
D) Section 112
Rationale:
Section 60 governs a court's consideration of a bail application.
It establishes the basic principle that an accused in custody is
entitled to release on bail before conviction where the court is
satisfied that the interests of justice permit release, subject to
,the statutory framework. Section 50 principally concerns the
manner and timing of bringing an arrested person before court,
section 105A deals with plea and sentence agreements, and
section 112 concerns guilty pleas at summary trials. Therefore,
section 60 is the correct provision.
Question 2
Which person may, subject to the statutory requirements,
authorise prosecutorial bail under section 59A?
A) Any police officer
B) Any magistrate
C) A Director of Public Prosecutions or a prosecutor authorised
in writing by the relevant Director of Public Prosecutions
D) The complainant
Rationale:
Section 59A permits a Director of Public Prosecutions having
jurisdiction, or a prosecutor authorised in writing by that
Director, to authorise release on bail for offences contemplated
by Schedule 7, in consultation with the police official
investigating the matter. The authority is therefore not vested
generally in every police officer, magistrate or complainant. The
provision also imposes additional statutory conditions and
exclusions.
,Question 3
An accused is arrested and wishes to obtain bail before the first
court appearance. Which statement best describes
prosecutorial bail?
A) It is bail granted only after a full trial has commenced.
B) It is bail that can be granted only by the complainant.
C) It is a statutory mechanism allowing an authorised
prosecutor to release an accused on bail in specified
circumstances before the first court appearance.
D) It automatically results in the withdrawal of the criminal
charge.
Rationale:
Section 59A creates a mechanism for release on bail before the
accused's first appearance in court, subject to its requirements.
It does not terminate the criminal prosecution. The accused
remains required to appear at court, and the court may extend,
amend or reconsider the bail in accordance with the Act.
Prosecutorial bail is therefore a form of pre-trial release, not a
termination of proceedings.
Question 4
, Which consideration is central to an ordinary bail determination
under section 60?
A) Whether the accused admits guilt
B) Whether the complainant demands imprisonment
C) Whether the interests of justice permit the accused's
release
D) Whether the accused has already been convicted
Rationale:
The statutory starting point under section 60 is whether the
interests of justice permit release on bail. The court must assess
the relevant statutory factors rather than simply rely on the
complainant's preference or an admission of guilt. Bail is a pre-
trial issue, so the accused has not yet been convicted of the
offence for which the bail application is being considered.
Question 5
Which of the following is a recognised concern when
determining whether the interests of justice permit release on
bail?
A) Whether the accused owns a motor vehicle
B) Whether the accused has a university degree
C) Whether the accused is likely to endanger the safety of the
Criminal Procedure Act Assignment 2 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 provision of the Criminal Procedure Act 51 of 1977
primarily regulates the release of an accused on bail by a court?
A) Section 50
B) Section 60
C) Section 105A
D) Section 112
Rationale:
Section 60 governs a court's consideration of a bail application.
It establishes the basic principle that an accused in custody is
entitled to release on bail before conviction where the court is
satisfied that the interests of justice permit release, subject to
,the statutory framework. Section 50 principally concerns the
manner and timing of bringing an arrested person before court,
section 105A deals with plea and sentence agreements, and
section 112 concerns guilty pleas at summary trials. Therefore,
section 60 is the correct provision.
Question 2
Which person may, subject to the statutory requirements,
authorise prosecutorial bail under section 59A?
A) Any police officer
B) Any magistrate
C) A Director of Public Prosecutions or a prosecutor authorised
in writing by the relevant Director of Public Prosecutions
D) The complainant
Rationale:
Section 59A permits a Director of Public Prosecutions having
jurisdiction, or a prosecutor authorised in writing by that
Director, to authorise release on bail for offences contemplated
by Schedule 7, in consultation with the police official
investigating the matter. The authority is therefore not vested
generally in every police officer, magistrate or complainant. The
provision also imposes additional statutory conditions and
exclusions.
,Question 3
An accused is arrested and wishes to obtain bail before the first
court appearance. Which statement best describes
prosecutorial bail?
A) It is bail granted only after a full trial has commenced.
B) It is bail that can be granted only by the complainant.
C) It is a statutory mechanism allowing an authorised
prosecutor to release an accused on bail in specified
circumstances before the first court appearance.
D) It automatically results in the withdrawal of the criminal
charge.
Rationale:
Section 59A creates a mechanism for release on bail before the
accused's first appearance in court, subject to its requirements.
It does not terminate the criminal prosecution. The accused
remains required to appear at court, and the court may extend,
amend or reconsider the bail in accordance with the Act.
Prosecutorial bail is therefore a form of pre-trial release, not a
termination of proceedings.
Question 4
, Which consideration is central to an ordinary bail determination
under section 60?
A) Whether the accused admits guilt
B) Whether the complainant demands imprisonment
C) Whether the interests of justice permit the accused's
release
D) Whether the accused has already been convicted
Rationale:
The statutory starting point under section 60 is whether the
interests of justice permit release on bail. The court must assess
the relevant statutory factors rather than simply rely on the
complainant's preference or an admission of guilt. Bail is a pre-
trial issue, so the accused has not yet been convicted of the
offence for which the bail application is being considered.
Question 5
Which of the following is a recognised concern when
determining whether the interests of justice permit release on
bail?
A) Whether the accused owns a motor vehicle
B) Whether the accused has a university degree
C) Whether the accused is likely to endanger the safety of the
