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Our Attorneys specialise in Criminal Law and the Protection of Prisoners Human Rights. With nearly a decade of experience in the legal field a great wealth of knowledge has been attained through working with complex matters. Our Attorneys will not rest until our clients mandate has been carried out with the best results possible.
At Otrebski Attorneys, we understand the importance of knowing all the available options for your bail application process. Our team of experienced attorneys specialize in South African law and can help guide you through the different types of bail options available. We will provide you with accurate, reliable information to ensure that you have the best chance of achieving a successful outcome.
Bail Procedure.
Chapter 9 of the Criminal Procedure Act deals with the procedures and requirements for the release of an accused on bail.
- The conditions for the release on bail in terms of section 59,59A & 60 of the Criminal Procedure Act have been amended.
- The requirements for the cancellation of bail in terms of Section 68 of the Criminal Procedure Act have also been recently amended.
There are three (3) different types of bail, namely, Police Bail, Prosecution Bail and Court Bail.
- An accused person who has been arrested must be brought to court within 48hours of arrest and he or she may apply to be released from custody. The 48 hour period excludes weekends and public holidays.
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Types of Bail Available to You in South Africa
Otrebski Attorneys are the experts in bail application processes and understanding the types of bail available to South Africans. With years of bail application experience, our attorneys will provide you with the most comprehensive advice and support when it comes to your bail application. Don’t let the bail application process confuse you, get the help you need from Otrebski Attorneys.
Police Bail
Section 59 of the Criminal Procedure Act deals with Police Bail.
An accused person who is in custody in respect of any other offence, other than an offence relating to Part I, Part II and Part III of Schedule 2, schedule 5, 6 or 7, may be released on bail by a police officer.
EXAMPLES OF WHAT DOES NOT QUALIFY FOR POLICE BAIL
Murder Attempted Murder premediated, or caused by Domestic Violence Rape / Rape of a minor
Sexual Exploitation Child Pornography Domestic Violence Assault – GBH on a minor
Theft over R2,000.00 Fraud over R2,000.00
Prosecution Bail
Section 59A of the Criminal Procedure Act deals with the Prosecution Bail.
A Director of Public Prosecutions (“DPP”) or a prosecutor in respect of Schedule 7 offences, after consulting with SAPS, the Investigating Officer (“IO”), authorize the release of an accused person before the first court appearance.
Schedule 7 offences are more serious in nature , but less serious than schedule 5 & 6 offences
Examples of schedule 7 offences are robbery, house breaking, theft
and fraud not more than R20,000.00 , possession of drugs, culpable homicide, arson, malicious
damage to property and assault GBH.
Court Bail
When an Accused has been brought to court for the purposes of bail, Section 60 of the Criminal Procedure Act will be applied.
In Court, the bail will either be unopposed or opposed by Prosecutor . If a matter is unopposed and it is not a schedule 5 or 6 offence and not an offence relating to Domestic Violence, the Accused must inform the court if he or she has any pending criminal cases or any previous convictions.
If an accused has a pending case or a previous conviction, the matter automatically becomes a schedule 5 offence and it will be the accused who must furnish the court with evidence that it will be in the interest of justice to release the accused.
Should an accused be charged for a schedule 6 application, the Accused must prove that it will be in the interest of justice and there are EXCEPTIONAL circumstances
Schedule 5 & 6 offences are extremely serious and it is important that an accused has a qualified and experienced criminal attorney when dealing with these matters.
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