BAIL APPLICATION LAWYERS IN JOHANNESBURG AND CAPE TOWN
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BAIL APPLICATIONS IN SOUTH AFRICA
Bail applications are always matters of urgency. Bail (or the refusal thereof) is entirely non-penal in character: Its refusal may not serve as a punishment, nor may a court fix an excessive amount or onerous conditions in a bid to harass the accused. It is not anticipatory punishment. When considering bail applications, the courts ignore improper pressure: for example, people opposed to bail will resort to illegal activity if bail is granted.
The nature of bail, according to the Criminal Procedure Act, 1977, is that of a contract between the accused and the state, whereby the accused is to be released from custody upon payment of an amount fixed or upon the furnishing of a sufficient guarantee, and whereby, in turn, the accused is to appear at the date and place which has been appointed for the trial or to which proceedings have been adjourned. The accused must comply with the conditions set out in sections 60(12), 62 and 63 of the Act. His release is to endure until the verdict, not until the sentence, unless the court, upon the verdict, decides to extend bail.
WHO CAN APPLY FOR BAIL?
Bail can be applied for by the accused person or by their legal representative. The accused person, or the legal representative, can apply for bail during the first court appearance after their arrest, known as the “bail application”.
IS BAIL ALWAYS GRANTED?
The bail application can be made to a bail hearing officer or a magistrate. The bail hearing officer or the magistrate will decide whether to grant bail based on several factors, including the severity of the crime, the likelihood of the accused fleeing or committing further crimes, and the strength of the prosecution’s case against the accused.
It is important to note that the decision to grant bail is discretionary, meaning that the court can grant or refuse bail.
WHICH CRIMES CAN BAIL BE APPLIED FOR IN SOUTH AFRICA?
An accused person can apply for bail for most criminal offences, regardless of the severity of the crime. However, the granting of bail is at the discretion of the court, and certain factors will be considered, such as the nature and severity of the crime, the likelihood of the accused committing further crimes, and the strength of the prosecution’s case against the accused.
WHICH CRIMES ARE EXCLUDED FROM AUTOMATICALLY BEING GRANTED BAIL?
There are certain crimes for which bail is not automatically granted. These crimes include:
- Schedule 6 offences: These are offences that are considered particularly serious and include crimes such as murder, treason, and hijacking.
- Repeat offenders: Accused who have a prior criminal record may be denied bail if they are charged with a new crime.
- Accused who are considered a flight risk: Accused who have no ties to the community, such as a stable job and family, and are considered a flight risk may be denied bail.
- Accused who are considered a danger to the public: Accused who pose a threat to the safety of others may be denied bail.
KNOW YOUR RIGHTS RELATING TO ARRESTS AND BAIL PROCEDURES.
ENSURE A FAST TEMPORARY RELEASE OF THE DETAINEE WITH BAIL APPLICATIONS BY JULIES ATTORNEYS INC.
Contact Julies Attorneys to guide you through the bail process. We will ensure that the rights of the accused are protected, including drafting the bail application and being represented in court.