BAIL APPLICATION
By Shelton Mahandana
Bail is an amount of money paid to release a person who has been arrested and detained for an alleged crime. Bail is an important aspect of criminal justice as it protects the rights of the accused while ensuring that they appear in court to face the charges they are accused of.
Bail Application Process
When a person is arrested, they are taken into custody and detained at a police station. The police will then inform the accused of their rights to apply for bail. In South Africa, bail is granted in terms of Section 59, 59A and 60 of the Criminal Procedure Act 1977 (the “CPA”) and the section 35(1)(f) of the Constitution. The accused can apply for bail at the police station or in court.
The bail application process involves a hearing where the accused must show that they are not a flight risk and that they will appear in court to face their charges. The accused must also show that they will not interfere with the investigation or the witnesses. The court will consider the nature of the crime, the strength of the case against the accused, and the personal circumstances of the accused, such as their employment status, family ties and financial situations.
Types of bail
According to the CPA, there are three types of bail available in South Africa: police bail, court bail, and prosecutor bail.
- Police Bail: This type of bail is granted by the police at the police station. Police bail is granted for minor offenses, such as traffic offenses, where the accused is not considered a flight risk or a danger to the community. The accused must sign an admission of guilt and pay a fine or appear in court at a later date.
- Court Bail: This type of bail is granted by a court. Court bail is granted for more serious offenses, such as theft or assault. The accused must appear in court to apply. The court will consider the factors mentioned above and may impose conditions on the accused, such as reporting to a police station or surrendering their passport.
- Prosecutor’s Bail: This type of bail is granted by the prosecutor before the accused person appears in court. The prosecutor may grant bail if they believe that the accused person will attend their court appearance and that their release will not pose a threat to society.
Bail Charges
The bail charges in South Africa are determined by the CPA and vary depending on the offense. The CPA specifies that the maximum bail amount that can be charged for different offences, depending on which schedule the offence falls under. The bail amount can be adjusted based on the individual circumstances of the case, such as the accused’s financial position and the likelihood of them absconding.
