Am I entitled to bail?
The right to bail rests on the values embraced in section 12(1)(a) of the Constitution which provides that everyone “has the right to freedom and security of the person, which includes the right ... not to be deprived of freedom arbitrarily or without just cause. . and a judicial evaluation of different factors that make up the criterion of interests of justice (section 35 (i)(f)).
Everyone who is arrested for allegedly committing an offence has the right to be released from detention if the interests of justice permit, subject to reasonable conditions. When bail is granted, an accused who is in custody shall be released from custody upon payment of a sum of money determined for his bail. He must then appear at the place and on the date and at the time appointed for his trial, or to which the proceedings relating to the offence in respect of which the accused is released on bail are adjourned.
The right to be informed of charges against the accused includes that the state must inform the accused about the fact that a verdict could follow on the charge which is a competent verdict on the charge. The accused is entitled to prepare his defence and to have adequate time and facilities to prepare his defence.
Right to fair and public hearing before an impartial court. The accused has the right to equality before the law and to equal protection of the law. Criminal trials must be administered publicly and openly and the accused has a right to be tried in a language the accused understands.
Once you are in custody the Police have the right to keep you for a maximum amount of 48 hours and thereafter bring you to a court of law for a first court appearance. It is possible to obtain Police bail and / or make a formal after hours bail application immediately after your arrest. This will ensure that you will spend as little time as possible in the Police cells. Your attorney will be able to assist you in this regard.
Everyone who is arrested for allegedly committing an offence has the right to be released from detention if the interests of justice permit, subject to reasonable conditions. When bail is granted, an accused who is in custody shall be released from custody upon payment of a sum of money determined for his bail. He must then appear at the place and on the date and at the time appointed for his trial, or to which the proceedings relating to the offence in respect of which the accused is released on bail are adjourned.
The right to be informed of charges against the accused includes that the state must inform the accused about the fact that a verdict could follow on the charge which is a competent verdict on the charge. The accused is entitled to prepare his defence and to have adequate time and facilities to prepare his defence.
Right to fair and public hearing before an impartial court. The accused has the right to equality before the law and to equal protection of the law. Criminal trials must be administered publicly and openly and the accused has a right to be tried in a language the accused understands.
Once you are in custody the Police have the right to keep you for a maximum amount of 48 hours and thereafter bring you to a court of law for a first court appearance. It is possible to obtain Police bail and / or make a formal after hours bail application immediately after your arrest. This will ensure that you will spend as little time as possible in the Police cells. Your attorney will be able to assist you in this regard.
