Bail Applications

Bail is an amount of money paid to ensure the temporary release of someone known as the accused who has been arrested or detained for an alleged criminal offence. In practice, there are three different forms of bail, depending on the type of offence that a person has been arrested for.

Types of Bail Applications

Police Bail

In terms section 59 of the Criminal Procedure Act an arrested person can apply for bail at the police station before the expiration of 48 hours and before first if the offence for which the accused is in custody for does not fall under Part II or Part III of a Schedule 2 offence. Such offence is not seen as one of a serious nature for example offenses such as theft under R2500, common assault or possession of dagga less than 115 grams, exceeding the speed limit.

Prosecutor Bail

In terms of section 59A, the DPP, or a prosecutor authorised by the DPP, may authorise the release of an accused on bail before their first court appearance if the accused is in custody on a Schedule 7 offence. A Schedule 7 offence is slightly more serious than that for which police may fix bail under section 59. For example, culpable homicide, assault, grievous bodily harm, robbery, theft and fraud (where the amount involved does not exceed R20,000) and possession of drugs.

Bail Applications in Court

The last form of bail can be applied for is at the first court appearance in terms of section 60 of the Criminal Procedure Act. At the bail hearing the accused must inform the court of any other charges or convictions and if there is any pending criminal charges against them. The prosecutor may state on record why bail should not be granted if they feel the need to oppose the bail. The court will take all this information into account before making a decision. The court will various factors into account before granting the bail. The court may postpone the application, but not for longer than 7 days.

Your Rights

You do not have to stay in prison until brought to court for a first appearance. Your right to an attorney and the right not to be deprived of your freedom without just cause are protected by both the Criminal Procedure Act 51 of 1957 (CPA) and the Constitution. Also bear in mind that according to the Constitution you are presumed innocent until proven guilty. You have thus the right to apply for bail pending the finalisation of your case if interests of justice permit your release.

Expert Bail Application Services

Being arrested can be a frightening experience. We understand the urgency of bail applications and work swiftly to present compelling arguments for your release while you await trial.

Our Bail Services Include

• •Immediate consultation and case assessment
• •Preparation of comprehensive bail applications
• •Representation at bail hearings
• •Appeals against bail refusal or conditions
• •Assistance with bail condition compliance
• •24/7 emergency legal assistance

Factors We Address in Bail Applications

A successful bail application requires careful consideration of multiple factors:

• •Risk of flight - demonstrating strong ties to the community
• •Likelihood of reoffending
• •Public interest and safety considerations
• •Strength of the state's case
• •Personal circumstances and family responsibilities