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Criminal Matters / Bail Applications

An accused persons’ rights to an attorney, to freedom of movement and to be presumed innocent until found guilty are protected by the Criminal Procedure Act 51 of 1957 and the Constitution of the Republic of South Africa.

What is bail?

Bail is the money and/or conditions set by the Police or a competent Court so that an accused person may be released from police custody until the date of the accused trial.

When may bail applications be brought?

Bail applications can be brought at any stage once an accused person has been arrested and formally charged.

When is bail granted?

Bail is granted more readily when the accused is not a flight risk, can easily be located and found by the Police and is not a danger to the community.

What are the different forms of bail?

1. Police bail – This form of bail is applied for at the police station immediately once the accused has been arrested;
2. Prosecutor bail – This form of bail is applied for with the Prosecutor or Urgent Prosecutor (on call) who can authorise the accused release on bail under certain circumstances; and
3. Court bail – This form of bail is applied for at Court and is done on the accused first appearance at court, normally within 48 hours of arrest of the accused

What happens to the bail money?

By paying bail, the accused person promises to attend their hearing and if not the money is then forfeited to the State. At the conclusion of the matter and if the accused person had attended their trial, the monies paid for bail will be returned in full, regardless of the outcome of the criminal trial.

Our dedicated attorneys are on call 24/7 to assist accused persons with the bail application process once the accused person has been arrested and formally charged.

For after-hours bail – call Magda Engelbrecht on 083 276 8708

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