CRIMINAL LAW

Police Bail provided for in section 59(1)(a) of the CPA, which enables an arrested person to apply for bail at the police station before the expiration of 48 hours and before first appearance in court. This is for minor offences such as theft under R2500, common assault or possession of dagga less than 115 grams. Police Bail does not apply to serious offences.

Prosecutor Bail in terms of section 59A of the CPA, is bail that can be applied for before the arrested person has to make his/her first appearance in court. This form of bail can be also applied for while the arrested person is at the police station but to a Prosecutor who has been authorised by the Director of Public Prosecutions (DPP) to grant bail for more serious offences.

Bail applications in court, is bail at the first court appearance in terms of section 60 of the CPA. According to this section an arrested person can apply for bail upon his first appearance or at any time before the accused is convicted, if the interests of justice permit.