Exam (elaborations)
TLI4801 ASSIGNMENT 2 | SEMESTER 2 | DUE 17 SEPTEMBER 2024
- Institution
- University Of South Africa (Unisa)
TLI4801 ASSIGNMENT 2 | SEMESTER 2 | DUE 17 SEPTEMBER 2024
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,Question 1: Prosecutorial BailProsecutorial Bail and the Release of the Accused, D
Legal Framework:
Prosecutorial bail in South African law is regulated by section 59A of the
Criminal Procedure Act, 1977. This provision allows for the possibility of
bail being granted by a prosecutor in specific circumstances. However, its
applicability is limited to offences classified under Schedule 7 of the Act,
which includes various serious crimes but excludes the most severe
categories such as murder and rape.
Understanding Prosecutorial Bail:
1. Offence Classification: In South Africa, crimes are categorized into
schedules based on their severity. Schedule 6 offences are among
the most severe, including murder, rape, and robbery. Schedule 7
offences, while serious, are less severe than those in Schedule 6.
Prosecutorial bail, as stipulated by section 59A, applies to Schedule 7
offences. This provision is designed to address crimes where the risk
of granting bail is somewhat mitigated compared to the highest
severity offences.
, 2. Authority and Process: Prosecutorial bail is an option when the
offence in question falls under Schedule 7. The prosecutor has the
authority to grant bail under these circumstances, but this does not
extend to Schedule 6 offences. For such offences, the court, not the
prosecutor, has the power to decide on bail applications. This
distinction is crucial in understanding why prosecutorial bail is not
applicable to D’s situation.
Case Application:
1. Nature of the Offence: D is charged with murder, which is classified
under Schedule 6. This classification reflects the serious nature of the
crime and the associated risks. Given the severity of murder, it is
imperative to consider the stringent conditions under which bail may
be granted.
2. Prosecutorial Bail Limitations: Section 59A specifies that
prosecutorial bail is only available for Schedule 7 offences. Since
murder is a Schedule 6 offence, the prosecutor does not have the
authority to grant bail in this case. Instead, the bail application must
be made through the court. This means that D’s case falls outside the
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