Constitution Section 35(1)(f) and Bail Principles

Play an AI-generated podcast conversation about this lesson

What is the primary focus of the interests of justice in regard to the grant or refusal of bail?

Ensuring the accused receives a fair trial

Avoiding disturbances to public order

Preventing interference with the investigation and prosecution (correct)

Protecting the public from violent crimes

Under what circumstances would the interests of justice not permit the release of an accused on bail?

When accused wants to travel abroad for vacation

When accused may endanger public safety or commit specific offenses (correct)

When accused has a history of minor traffic violations

When accused is likely to evade taxes

Which factor is considered in determining if an accused may endanger public safety according to s60(5) of the CPA?

The accused's favorite food

The accused's favorite color

Any threat of violence made by the accused (correct)

The accused's preferred mode of transportation

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What aspect of the accused's situation does Section 60(9) NOT consider when assessing whether to grant bail?

Favorite movie of the accused Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

Why is bail not considered punitive?

Because punishment only becomes relevant during sentencing, not during bail decisions. Signup and view all the answers

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. Signup and view all the answers

What must be balanced when considering whether to grant bail?

Balancing the interests of society and the interests of the accused. Signup and view all the answers

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. Signup and view all the answers

Constitution Section 35(1)(f) and Bail Principles

Choose a study mode

Podcast

Questions and Answers