TLI 4801 Ass 2 2021.

QUESTION 1 Critically discuss whether prosecutorial bail may be applied for the release of the accused, Y in this instance. (5) The discussion of whether prosecutorial bail may be applied for the release of the accused, Y in this instance is as follows. Prosecutorial bail is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court by the prosecutor after consulting with the investigation officer. When asking for prosecutorial bail, the accused must convince the presiding officer that he/she – . will not intimidate any witness in the case. . will attend all his court hearings and will not run away . is not a danger to other people? . will not commit further crimes Maharaj A (2010),1 emphasized that bail is granted more readily when the accused is not in danger to other people and can easily be found by law enforcement agencies. The court will not release the accused on prosecutorial bail when: there is a chance that the release of the accused will endanger his/her own safety, the safety of the public or any other particular person, there is a chance that the accused will avoid his/her trial; there is a chance that the accused will attempt to influence or intimidate witnesses, or hide and/or destroy evidence, there is a chance that the accused will undermine or endanger the functioning of the justice system including the bail system, there is a chance that the accused will disturb public order or undermine public peace and security. In this instance, the prosecutorial bail may not be applied for the release of the accused, Y because he may intimidate the eye witness who saw him stabbing the deceased. Furthermore, the accused may run away and not able to attend court hearing since he ran away by the time he murdered the deceased. Added to that the the prosecutorial