Bail Applications

In terms of section 38 of the Criminal Procedure Act , there are three different methods in which any person may be brought before Court for purposes of his or her trail. The three different methods are:

  1. Summons to appear before a certain court on a specific date, OR written notice to appear at a certain place on a specific date;
  2. Indictment to appear in a Superior Court on a specific date;
  3. Arresting the accused in order to charge him and to bring him before court.

This article focuses on point 3 above and the import role that bail applications play when someone has been arrested.



Section 35(1) of the Constitution of the Republic of South Africa clearly states that anyone who has been arrested for allegedly committing an office has the right to be released from detention if it is in the interest of justice. This section is founded on the presumption that an accused is innocent until proven guilty in a court of law. The purpose of bail is therefore to allow an accused to walk free while his or her trail proceedings are pending, provided that it is in the interest of justice. For example if the court believes that the accused, while out on bail, will interfere with the investigation of the case or intimidate witnesses or flee, the court will not grant bail as it will not be in the interest of justice.



There are broadly speaking three forms of bail, namely:

  1. Police Bail: Bail may be granted at the police station by certain police officials if the accused has been arrested for a minor offence;
  2. Prosecutor: Bail may be granted by an authorised prosecutor at the police station if the accused has been arrested for a schedule 7 offence;
  3. Bail Applications in Court: In all other instances an application for bail will have to be made in Court.

Thus, the specific form of bail that will be applicable in a particular case will depend on the specific offence that a person is arrested for and charged with.



Our firm strives to assist our clients in all three forms of bail applications as explained above. We are here to walk the criminal procedure path with you from the start to the very end and to provide you with the best service that we can offer. A criminal trail can be a very stressful and emotional experience and our firm will stand by you through the difficult times.


Joomla templates by a4joomla