18 Questions
What is the primary focus of the interests of justice in regard to the grant or refusal of bail?
Preventing interference with the investigation and prosecution
Under what circumstances would the interests of justice not permit the release of an accused on bail?
When accused may endanger public safety or commit specific offenses
Which factor is considered in determining if an accused may endanger public safety according to s60(5) of the CPA?
Any threat of violence made by the accused
What aspect of an accused's past conduct can indicate a disposition to commit violent offenses according to s60(5) of the CPA?
Evidence of violent behavior
What is one of the factors considered under s60(5) of the CPA that may lead an accused to commit certain Schedule 1 offenses if released on bail?
Any evidence of past commission of Schedule 1 offenses while on bail
In what situation would the interests of justice permit release on bail even if there is a likelihood of disturbing public order according to s60(4) of the CPA?
In exceptional circumstances where release will not disturb public order
What is one of the factors that a court should consider when weighing the interests of justice against the personal interests of the accused, according to Section 60(9) of the CPA?
The period that the accused has already been in custody since his or her arrest
In the context of bail decisions, why did the court believe that the release of the applicant on bail would undermine the objectives of the criminal justice system?
Because the applicant was likely to ignore court orders
Which factor is NOT mentioned in Section 60(9) of the CPA as relevant when considering the personal interests of the accused?
Accused's favorite food
What effect did the court believe releasing the accused on bail would have on society's interests?
It would undermine the objectives of the criminal justice system
Why is it important for a court to weigh the interests of justice against the accused's personal freedom?
To maintain a balance between societal interests and personal freedoms
What aspect of the accused's situation does Section 60(9) NOT consider when assessing whether to grant bail?
Favorite movie of the accused
What does Section 35(1)(f) of the Constitution provide regarding the right to be released from detention?
Everyone arrested for allegedly committing an offence has the right to be released from detention if the interests of justice permit, subject to reasonable conditions.
What is the purpose of bail according to the text?
To maintain a balance between the interests of society and the interests of the accused.
Why is bail not considered punitive?
Because punishment only becomes relevant during sentencing, not during bail decisions.
In what situation would it not be in the best interests of justice to release an accused on bail?
When releasing the accused might lead to intimidation of witnesses.
What must be balanced when considering whether to grant bail?
Balancing the interests of society and the interests of the accused.
What is the main objective behind providing the right to apply for bail as soon as the accused is arrested?
To allow individuals an opportunity for release pending trial.
Explore the concept of bail under Constitution Section 35(1)(f) which provides the right to be released from detention if the interests of justice permit. Understand the objectives and purpose of bail in balancing the interests of both the society and the accused.
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