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What Is A Bail Application And The General Process?

- Featured article by LAWYERS-ONLINE.CO.ZA - March 2019

When a person is arrested for an alleged crime, they are jailed. After that, they are able to apply for bail. Bail is simply put an amount of money paid to the courts in order to secure the temporary release of an accused individual. The money acts as a means of security – if the person returns for their scheduled court appearances, the bail amount will eventually be refunded.

This amount is either determined by a judge or set forth by the law under Chapter 9 of the Criminal Procedure Act. It is important to note that a detained individual must be brought before the courts within 48 hours after their arrest, and this court appearance should allow for the application for bail.

There is also something known as police bail, in which a ranking police officer is allowed to grant bail at the police station. However, this applies only to minor offences, and may not be granted for serious offenders.

The general process of applying for bail can be done by a legal representative either at the police station or at the court. For serious offences, there may be a bail hearing where the court will hear testimony for and against the temporary release of the accused. Factors that are considered include the accused’s risk of fleeing the country, whether they pose a further danger to others or if they are likely to interfere with witnesses.

The right to apply for bail and be heard at a bail hearing is a fundamental right of all persons accused of a crime and the application process should be handled fairly and objectively. Lastly, it should be noted that a bail application has no bearing on the outcome of a case, and granting bail does not have a reflection on the innocence of the accused.

If you have any further questions regarding bail, different types of bail or you are in need of an attorney for a bail hearing, please do not hesitate to contact us and will further our request to a lawyer in our network.

What Is A Bail Application And The General Process - Legal Information South Africa