CRIMINAL PROCEDURE

ASSIGNMENT NUMBER 1
STUDENT NUMBER: ______________________________
SUBMISSION DATE: BRING TO LECTURE, MONDAY 28 AUGUST 2006
NB: IN THEIR INTERESTS STUDENTS MUST WRITE NEATLY, LEGIBLY
CONCISELY AND COHERENTLY.
1.

Outline the objects of the bail process.

2.

Section 60 (4) of the Criminal Procedures Act refers to grounds which would
justify the refusal to grant bail (specified in ss 60 (4) (a) (e)) whereas
s 60 (5) (a) refers to factors which establish such grounds. Define and distinguish
grounds and factors and explain how they operate within the context of the bail
process.

3.

Select what you consider to be the most important case dealing with bail.
(NB You must exclude S v Dlamini et al 1999 (2) SACR 51 (CC))
Name the case.
______________________________________________________
a)

Briefly outline the facts of the case.

b)

Give the ratio of the case.

c)

Indicate why you think it is important.

4.

Briefly describe whether any onus exists in bail applications and, if so, on whom
such onus rests.

5.

Mr Freddy Fingers is a prominent businessman who was recently arrested for

defrauding the company where he had been employed as a financial director for
the past fifteen years. At a formal bail inquiry the following information was
produced:
1) The fraud is extremely complex and it will take at least a year before the
investigations are completed;
2) The nature of the fraud is extensive possibly entailing an amount in
excess of R 1 million. To date no money has been recovered;
3) The accused had already been subjected to an internal disciplinary inquiry
by his employer, ie the company. As a result he was dismissed for
defrauding the company in an undisclosed amount. This occurred two
months prior to his arrest;
4) His wife of seventeen years divorced him recently. The said divorce was
made final 6 months ago. His ex-wife obtained custody of their three
children and the common home was awarded to her;
5) Since then the accused has been staying in hotels in the city. In this
respect he is wanted by at least two hotels for failing to pay
accommodation accounts. The police are investigating;
6) The accused claims that he is presently without any financial resources
although he does own a half-share in light aircraft. He maintains that he
has no option but to sell this in the near future.

Advise the presiding judicial officer as to the relevant factors that should be taken into
account in the above case in respect of whether or not the accused should be released on
bail and, if so, the conditions attached thereto.
NB. The answer to this problem must take the form of a legal opinion and should be
confined to the blank A4 sheet overleaf.

6.

You are approached by the Legal Aid Board to draft a pamphlet

(maximum of 3 A4 pages) that can be placed in police stations, magistrates
courts and legal aid clinics explaining the bail process, how it operates, when and
who may apply and any other relevant information.
NB. You must be selective in your use of information and the pamphlet must be
set out in a clear comprehensive manner that is easy for lay people to understand.
A GUIDE TO BAIL