TLI4801-TECHNIQUES IN TRIAL AND LITIGATION –Assignment 02

Question 1

1. Violent will be charged with a Schedule 5 offence Which is:

- Attempted Murder involving grievous bodily harm

- Culpable homicide

- Assault

- Rape

2. Bail Application in terms of Section 60(11) of the Criminal procedure Act 51 of 1977

Section 60(11) of the Criminal procedure act provides is not withstanding any provision of this

Act, Where an accused is charged with and offense referred to –

a) In Schedule 6, the court shall order that the accused be detained in custody until he or

she is dealt with in accordance with the law, unless the accused, having been given a

reasonable opportunity to do so, adduces evidence which satisfies the court that

exceptional circumstances exist which in the interests of justice permit his or her release;

b) in Schedule 5, but not in Schedule 6, the court shall order that the accused be detained

in custody until he or she is dealt with in accordance with the law, unless the accused,

having been given a reasonable opportunity to do so, adduces evidence which satisfies

the court that the interests of justice permit his or her release

The legislation indicates that on certain circumstances the onus will be on the accused during

the bail application. The crime committed will need to be identified first, whether it would be a

schedule 5 or 6 offence. For a schedule 6 offences, the accused has to adduce evidence to

satisfy the court that exceptional circumstances exist for the court to permit his release on bail.

For schedule 5 offences, the accused has to adduce evidence to satisfy the court of his release.

The Witness reports on the case all points to the accused (violent) being the one responsible for

the death of the victim (Victim skepsel), he has been arrested by the police for the crime.