AFTER HOUR BAIL APPLICATIONS: 079 840 4717 / 082 303 8303
Everyone who is arrested for allegedly committing an offence has the right to be released from detention if the interests of justice permit, subject to reasonable conditions. Section 35 (1) (f) - Constitution of the Republic of South Africa
Everyone has the right to freedom and security of the person, which includes the right not to be deprived of freedom arbitrarily or without just cause and not to be detained without trial. Section 12 (1) (a) & (b) - Constitution of the Republic of South Africa
DIFFERENT FORMS OF BAIL
1) Police Bail
When an accused is arrested for a minor offense Bail may be granted by the relevant police official before the accused's first appearance in court. It is therefore of utmost importance to speedily establish the nature of the offence allegedly committed by the accused. Although Police Bail is discretionary in nature it has been held that a claim for damages may lie against in the event that Bail is refused simply because the authorised police official failed to exercise his discretion. The Bail receipt is the Heart and Soul of the Accused Persons matter and should be kept safe at all relevant times
2) Prosecutorial Bail
Before the first appearance of an accused a properly authorised prosecutor may grant the accused bail when the offence he is charged for falls within Schedule 7. The prosecutor may grant bail after consultation with the police investigating officer and may impose reasonable conditions upon such bail.
3) Bail Applications in Court
Should the offence the accused is charged with dictate that Police Bail or Prosecutorial Bail may not be applied with for or if such applications were unsuccessful, the accused may apply for his release on Bail in Court upon his first appearance or at any stage before his conviction.
Bail proceedings are non-penal in nature and may not be used to punish a accused. The accused must be informed of his rights including his right to remain silent and should preferably exercise same. Employing an attorney in the early stages of prosecution (including bail proceedings) will ensure that the accused's rights remain protected and that his trial is not prejudiced by events leading up to trial.
GOLDEN RULES WHEN A PERSON IS ARRESTED.
- Contact a Legal Representative immediately.
- Make use of your right to remain silent and right to Legal Representation.
- Do not admit to any of the charges against you and retain a Professional opinion prior to any admissions.
- Be patient and polite, you can damage your own matter in respect of Police Bail if not one is not patient and polite.
- Never resist arrest although you can be adamant if you know you are being detained unlawfully.
WHY MAKE USE OF OUR SERVICES
Our Criminal Law matters, including the Bail Proceedings as described above, are handled by our criminal law specialists experienced in criminal litigation with an in depth knowledge of all areas related to criminal law and procedure.
FOR URGENT ASSISTANCE CALL:
Office: 012 346 4103
Rikus Stander 079 840 4717
SD Nel 082 303 8303