Bail Applications

Golden rules when you, or a friend, are arrested:

• Contact a Legal Representative immediately.
• Make use of your right to remain silent and right to Legal Representation.
• Do not admit to any of the charges against you.
• Retain a professional opinion and / or advice prior to making admissions in order to ensure any admissions are made in a properly fashioned manner.
• Remain patient and polite – you can damage your own matter in respect of Police Bail if you are not patient and polite.
• Never resist arrest although you can be adamant if you know you are being detained unlawfully.

How does a Bail Application work?

Bail Money is money which is paid to ensure the temporary release of someone who is known as an accused who has been arrested and / or detained for an alleged criminal offence. There are 3 (three) different forms of bail – depending on the type of offence that the person has been arrested and / or detained for.

How does a Bail Application work?

There are three types of Bail Applications which can be launched in terms of the Criminal Procedure Ac 51 of 1977.

Police Bail

In terms of Section 59 of the Criminal Procedure Act (CPA) 51 of 1977 an arrested person can apply for bail at the police station before the expiration of 48 (forty-eight) hours and if the offence, for which the accused in in custody for, does not fall under Part II or Part III of a Schedule 2 Offence. 

Prosecutor Bail

In terms of Section 59A the Director of Public Prosecutions (DPP) or a Prosecutor of the relevant Court 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.

Formal Court Bail Application

The last form of bail can be applied for at the first court appearance in terms of Section 60 of the CPA.  In the event that the bail is opposed by the State, a Formal Bail Application is launched, and in this instance the Court can not merely be addressed in terms of Section 60(11) of the CPA.