TLI4801
Assignment 2 Semester 2 2024
(658416) - DUE 17 September 2024
, TLI4801 Assignment 2 2024
1. Prosecutorial Bail for D:
In D's situation, where he was arrested for murder after being seen stabbing the
deceased and fleeing the scene, we must consider if he can be released on
prosecutorial bail. Prosecutorial bail is when the prosecutor, not the court, grants bail to
the accused. However, this type of bail is generally only considered for less serious
offenses. Since D is charged with murder, which is a very serious crime, prosecutorial
bail is not likely to be an option. In murder cases, bail is usually granted by a court after
a thorough hearing, where the court considers the severity of the crime, the likelihood of
the accused fleeing, and whether they pose a danger to the public. Therefore, in this
case, D would need to apply for bail through the court, and the chances of getting bail
directly from the prosecutor are slim.
Source: Maharaj, A. Confident Criminal Litigation (2010), Chapter 1: Arrest and Bail.
2. Correcting a Plea of Guilty:
Mr. Danny Cane, the defense lawyer, realizes that his client’s plea of guilty under
section 112 of the Criminal Procedure Act, 1977, doesn’t include a valid defense for the
charge of theft. Section 112 allows the court to ensure that a guilty plea is entered
voluntarily and with an understanding of the charges. If Mr. Cane recognizes that the
plea is based on a misunderstanding or an incorrect admission of guilt, he has the
responsibility to correct it. He can approach the court to change the plea by explaining
that it was made in error, especially if it was due to a lack of proper legal advice or
understanding. The court may allow the plea to be withdrawn and for the case to
proceed as if a not guilty plea was initially entered. This ensures that justice is served
and that the accused is not unfairly punished due to a procedural mistake.
