Bail is money paid to the court or police (if your application is successful) so that you can be released from jail on the promise that you will return for your court case. How do bail applications work? Who qualifies for bail? What happens to the money that’s paid? Scorpion Legal Protection explains how the process works in SA.
Applying for bail
You or your lawyer can apply for bail at any stage. According to section 35 of the Criminal Procedure Act 51 of 1977 “Everyone who is arrested for allegedly committing an offence has the right to be brought before a court as soon as reasonably possible, but not later than 48 hours after the arrest; or the end of the first court day after the expiry of the 48 hours, if the 48 hours expire outside ordinary court hours or on a day which is not an ordinary court day.”
Bail is generally granted more easily when you are not a flight risk and can easily be found by law enforcement agencies. There may also be bail conditions set by the presiding officer that you must comply with.
Bail conditions
When applying for bail, you must convince the judge or magistrate that you will not run away, be a danger to others, commit any further crime or intimidate any witnesses in the case. You also need to be able to prove that that you have a fixed address.
If you are released on bail, you will get a written notice. This notice will inform you of the pending court appearance, and explain the day and time that you need to appear in court. The written notice will also explain the conditions, if there are any, of your bail – for example, that you must report to the police station every week. You or your lawyer (or whoever paid your bail) will get a receipt for the bail money paid (remember to keep this receipt in a safe place).
How much bail do you have to pay?
The amount of bail you have to pay is decided by the magistrate, who will consider the seriousness of the charges against you. The more serious the charges, the higher your bail is likely to be. For example, Oscar Pistorius’ bail was initially fixed at R1 million.
What if you can’t afford bail? You can request a reduction, but if you still can’t afford bail or you don’t get the reduction, you will have to stay in a facility until your trial is complete. This is called remand detention.
Do I get my bail money back?
Yes, but only after your court case is over. Whether you are found guilty or not, you will still be refunded as long as you can present the receipt you were given when you paid the bail money.
You will not however get your bail money back if you break any of your bail conditions, miss a court date or interfere with witnesses.
You may also be interested in:
Drunk driving arrest procedure
Paying admission of guilt fines
Unlawful arrests: what you need to know
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* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.