Bail is the amount of money you have to pay to be released from jail until your court case – if the magistrate/judge, prosecutor or police officer agrees to grant you bail. But what happens if you can’t afford bail? Scorpion Legal Protection talks about remand detention and what you can expect if you can’t pay bail.
How is the amount of bail decided?
A number of factors determine the amount of bail you have to pay. Firstly, the seriousness of the charges. The more serious the charges, the more you’ll likely have to pay for bail. Second, they will decide if you are a flight risk – how likely are you to show up for your court case? A judge/magistrate may also consider your past criminal record, including any instances of failing to appear for court hearings. There may also be other considerations, like if you have outstanding warrants in other jurisdictions or if there are complications related to your citizenship, for example, if you are here illegally or on an expired visa.
Who decides on the amount of bail you will have to pay depends on how you apply for bail – police bail, prosecutor’s bail or court bail. See our article on the types of bail and when you apply for them here
What happens if I can’t afford to pay bail?
You can request a lower amount
This decision is at the judge/magistrate’s discretion – they do not have to grant you lower bail. You can make this request at your bail hearing.
You go into remand detention
If you can’t pay bail in any way, then you’ll go into what is called ‘remand detention’ – this is for people who have been arrested and have been refused or cannot afford bail. An accused person will stay in detention until their trial is over.
What is remand detention like in South Africa?
It’s important to note that unsentenced prisoners – those in remand detention who haven’t had their trial yet – and sentenced prisoners are kept separately.
The rights of all prisoners are set out in the Correctional Services Act, and include the right to conditions of detention that are consistent with “human dignity, including… adequate accommodation, nutrition, reading material and medical treatment.” Unsentenced prisoners may not be forced to wear prison clothes, unless their own clothing is improper or unsanitary or needs to be preserved as evidence for their case. They are allowed to have food and drink sent to them while they’re in prison and receive visitors (subject to the prison regulations).
You may also be interested in:
How bail applications work
Paying admission of guilt fines
Unlawful arrests: what you need to know
If you have a query, follow us on Facebook and ask your question during our next Live Q&A (the first Thursday of every month).
* This is only basic advice and cannot be relied on solely. This is not financial advice. The information is correct at the time of being sent to publishing.