What is bail?

Posted on Posted in Criminal law


The concept of Bail consists of the basic concept where an accused is released from custody subject to certain conditions.


Bail can be granted in the following manners:

  1. By a Police Official
  2. By a Public Prosecutor
  3. By  Court


Police Bail:

An accused who is in custody can be released on Police Bail prior to his first appearance in respect of any offence other than an offence referred to in Part II or Part III of Schedule 2, by any Police Official of or above the rank of non-commissioned officer.

Such Police official will determine the amount of bail money to be paid for the accused person’s release on bail. When the monies is paid the relevant Police Official must provide the Accused or the Accused person’s representative with a bail receipt which will indicate the date, time and location where the accused should appear in Court.

The Bail receipt is the HEART AND SOUL of the Accused Persons matter and should be kept safe, at all relevant times.

Bail by Public Prosecutor.

This form of bail will only take place after hours and will only be granted by a Public Prosecutor in the event where the offence will fall within the Ambit of Schedule 7.


Bail by Court.

In the event where Bail could not be granted by a Police official or a Public Prosecutor, an accused will be kept in custody until he or she is brought before a Court. In the event where an accused is brought before a court a legal representative will provide assistance with the necessary Bail Application.


For any further queries regarding the above, or to schedule a consultation contact us:

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