Tutors you can trust. Voted “BEST
SELLING” memos for the year 2021.
A +
TLI4801
TECHNIQUES IN TRIAL AND LITIGATION
Assignment 2 MEMO
Semester 1 2022
Unique number: -188282 DUE: 24 APRIL 2022
Includes Footnotes and/or Bibliography
DOCUMENT PREVIEW
ASSIGNMENT 02
UNIQUE NUMBER: 188282
DUE DATE: 24 APRIL 2022
Assignment 02 – Semester 1
Answer the following questions using proper references. Your entire assignment answer (questions
1-4) must not exceed 15 pages.
1. F is arrested on a charge of arson. He was seen by witnesses setting fire to an office building. The
building burnt down and extensive property was damaged as a result of the fire. Fortunately, staff
were evacuated in time, and no one was injured. F was arrested by the police. He thereupon phones
his attorney T from the police holding cells and says to her: “I have been arrested, get me out of jail.”
(a) Critically discuss whether prosecutorial bail may be applied for the release of the accused, F in
this instance. (5)
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means without
prior written permission from the Author. – LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, Assignment 02 – Semester 1
Answer the following questions using proper references. Your entire assignment answer (questions
1-4) must not exceed 15 pages.
1. F is arrested on a charge of arson. He was seen by witnesses setting fire to an office building. The
building burnt down and extensive property was damaged as a result of the fire. Fortunately, staff
were evacuated in time, and no one was injured. F was arrested by the police. He thereupon phones
his attorney T from the police holding cells and says to her: “I have been arrested, get me out of
jail.”
(a) Critically discuss whether prosecutorial bail may be applied for the release of the accused, F in
this instance. (5)
It should be noted that a Director of Public Prosecutions (hereinafter, “DPP”) or a prosecutor
authorized in writing by a DPP may in respect of offences referred to in Schedule 7 and in
consultation with the police investigating officer, authorize the release of an accused on bail.1
Section 59A of the Criminal Procedure Act2 allows the prosecutor to authorize the release of an
accused person on bail for any the following offences listed in Schedule 7 of the Act:
• Public violence;
• Culpable homicide;
• Bestiality
• Assault involving the infliction of grievous bodily harm;
• Arson;
• Housebreaking, whether under the common law or a statutory provision, with intent to
commit an offence;
• Malicious injury to property;
• Robbery, other than a robbery with aggravating circumstances, if the amount involved in
the offence does not exceed R20 000,00;
• Theft and any other offence referred to in section 264(1)(a), (b) and (c), if the amount
involved does not exceed R20 000,00
• Any offence in terms of any law relating to the illicit possession of dependence-producing
drugs;
1 Section 59A(1) of the Criminal Procedure Act 51 of 1977
2 51 of 1977
SELLING” memos for the year 2021.
A +
TLI4801
TECHNIQUES IN TRIAL AND LITIGATION
Assignment 2 MEMO
Semester 1 2022
Unique number: -188282 DUE: 24 APRIL 2022
Includes Footnotes and/or Bibliography
DOCUMENT PREVIEW
ASSIGNMENT 02
UNIQUE NUMBER: 188282
DUE DATE: 24 APRIL 2022
Assignment 02 – Semester 1
Answer the following questions using proper references. Your entire assignment answer (questions
1-4) must not exceed 15 pages.
1. F is arrested on a charge of arson. He was seen by witnesses setting fire to an office building. The
building burnt down and extensive property was damaged as a result of the fire. Fortunately, staff
were evacuated in time, and no one was injured. F was arrested by the police. He thereupon phones
his attorney T from the police holding cells and says to her: “I have been arrested, get me out of jail.”
(a) Critically discuss whether prosecutorial bail may be applied for the release of the accused, F in
this instance. (5)
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any
representations or warranties, express or implied. This document is to be used for comparison, research and reference
purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means without
prior written permission from the Author. – LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
, Assignment 02 – Semester 1
Answer the following questions using proper references. Your entire assignment answer (questions
1-4) must not exceed 15 pages.
1. F is arrested on a charge of arson. He was seen by witnesses setting fire to an office building. The
building burnt down and extensive property was damaged as a result of the fire. Fortunately, staff
were evacuated in time, and no one was injured. F was arrested by the police. He thereupon phones
his attorney T from the police holding cells and says to her: “I have been arrested, get me out of
jail.”
(a) Critically discuss whether prosecutorial bail may be applied for the release of the accused, F in
this instance. (5)
It should be noted that a Director of Public Prosecutions (hereinafter, “DPP”) or a prosecutor
authorized in writing by a DPP may in respect of offences referred to in Schedule 7 and in
consultation with the police investigating officer, authorize the release of an accused on bail.1
Section 59A of the Criminal Procedure Act2 allows the prosecutor to authorize the release of an
accused person on bail for any the following offences listed in Schedule 7 of the Act:
• Public violence;
• Culpable homicide;
• Bestiality
• Assault involving the infliction of grievous bodily harm;
• Arson;
• Housebreaking, whether under the common law or a statutory provision, with intent to
commit an offence;
• Malicious injury to property;
• Robbery, other than a robbery with aggravating circumstances, if the amount involved in
the offence does not exceed R20 000,00;
• Theft and any other offence referred to in section 264(1)(a), (b) and (c), if the amount
involved does not exceed R20 000,00
• Any offence in terms of any law relating to the illicit possession of dependence-producing
drugs;
1 Section 59A(1) of the Criminal Procedure Act 51 of 1977
2 51 of 1977
