So you've been arrested for violating lockdown regulations, what now? Scorpion Legal Protection explains what happens.
More than 20 000 people have been arrested since the adjusted level 3 regulations were introduced on 28 December, and overall approximately 340 000 people have been arrested and charged with offences relating to the lockdown regulations since lockdown began. About 7 000 people have been arrested for not wearing a mask. So what happens when you’re arrested for violating lockdown regulations?
Being arrested for lockdown violations is no different from being arrested for other crimes. As with any other arrest (and following the arrest procedure laid out in the Criminal Procedure Act), you will be taken to a police station where you will be formally charged and have your fingerprints taken.
You have the same rights as any other arrested person – to be informed promptly of the reason for being detained, to be handled with respect and dignity, to be brought before a court as soon as reasonably possible, but not later than 48 hours after the arrest (unless the arrest happens on a weekend then not later than the end of the first following court day). Most importantly though, you may not be compelled to make any confession or admission that could be used in evidence against you.
When you get to the police station, you have two choices:
- Pay an admission of guilt fine, which typically ranges between R300 and R1 500.
- Appear in the Magistrate’s Court and plead to the charges.
Paying an admission of guilt fine means you admit guilt. Often, people will sign an admission of guilt fine to just get out of jail. But it comes with consequences too. Once you sign and pay the admission of guilt fine, you have a criminal record. Criminal records from admission of guilt fines remain on your name for 10 years, after which you can apply for them to be expunged. The Department of Justice and Correctional Services has acknowledged problems with the current system and is working on new legislation which will stop admission of guilt fines attracting criminal records in South Africa, but nothing has been signed into law yet.
For minor offences, ’police bail’ can be granted or the police may release you on a warning (you don’t need to pay bail). In the case of police bail, the investigating officer will propose an amount for bail and an agreement should then be reached on the amount of bail. After payment of this amount, you may be released from custody. You will need to show up for your court case at the agreed upon date and time.
If you are arrested for violating lockdown regulations, our advice is that you get in contact with a lawyer immediately. Your lawyer can make representations to the senior state prosecutor in the Magistrate’s Court where you have to appear and, depending on your case, you could have your charges withdrawn.
You may also be interested in:
What happens if you can’t afford bail?
How bail applications work
Paying admission of guilt fines
If you have a query, follow Scorpion Legal Protection on Facebook and ask your question during our next Live Q&A (every first Thursday of the month).
* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.