LEV3701 Law of Evidence Assignment 1 2021.

1. The privilege against self-incrimination is manifested in various rights which are contained in the Bill of Rights, including the rights of an arrested person to remain silent (s 35(1)(a)), or not to be compelled to make any confession or admission that could be used in evidence against that person (section 35(1)(c)), and the right of an accused person to be presumed innocent, and not to testify at trial (section 35(3)(h)). The court stated that not only did the record of the bail proceedings form part of the subsequent trial record, but any evidence which the accused elected to give at the bail hearing was admissible against him or her at the trial, provided that the court which heard the bail application had warned the accused of the risk of making such statements. The court accepted that the testimony at the bail application may cause prejudice to the accused later on, if it were incriminating for the purposes of the trial. That it may be a hard choice does not affect the question, as long as the choice remained that of th