What is bail?
Bail is a right to be released from custody before the case can be concluded. Section 60 of the Criminal Procedure Act governs bail. When bail is granted, an accused who is in custody shall be released from custody upon payment of a determined sum of money.
Types of bails;
- Police Bail; in terms of Section 59 of the Criminal Procedure Act, any person who is arrested on a criminal charge for allegedly committing an offence can apply for bail at a police station.
- Prosecutorial Bail; Section 59A of the Criminal Procedure Act, provides that the Director of Public Prosecution, or any Public Prosecutor may authorise the release of the accused.
- Court Bail; Section 60 of the Criminal Procedure Act, this bail is conducted by a way of an affidavit or oral testimony.
Factors considered for Bail.
- The accused’s status/legality in the South Africa;
- Whether the accused has any previous convictions or pending cases;
- Whether the accused has any outstanding warrants of arrest;
- Whether the accused has any domestic violence orders against the complainant;
- Whether the accused is out on parole;
- The likelihood of the accused evading his trial;
- The likelihood of the accused intimidating witnesses;
- Whether the interest of justice permit the accused release from custody
Attorneys who care
Elogran Naicker Attorneys are experts in Criminal Law, if you need any assistance with Bail be sure to contact our skilled and professional team.