LLexiSA

Criminal Law

Bail Applications

Bail allows an accused person to be released pending trial. The interests of justice determine bail (s 60 Criminal Procedure Act). For serious Schedule 5 offences the accused must show the interests of justice permit release; for Schedule 6 offences (like premeditated murder), exceptional circumstances are required.

Key facts

  • Bail is not punishment — its purpose is to secure attendance at trial.
  • Police bail (minor offences) can be granted at the police station before first appearance.
  • Courts consider flight risk, danger to the public, interference with witnesses, and the strength of the State case.
  • Bail money is refunded at the end of the case if the accused attended court.

The law that applies

  • Criminal Procedure Act 51 of 1977 — ss 59, 59A, 60; Schedules 5 and 6
  • Constitution, 1996 — s 35(1)(f)

Leading cases

S v Dlamini; S v Dladla 1999 (4) SA 623 (CC)

Upheld the stricter bail regime for serious offences as constitutionally justifiable.

Practical steps

  1. Ask for bail at the first appearance; the case may be postponed for a formal bail hearing.
  2. Prepare an affidavit covering address, employment, dependants, prior convictions and ability to pay.
  3. If refused, appeal to the High Court or renew on new facts.

Frequently asked questions

How much is bail in South Africa?

There is no fixed tariff. The amount depends on the offence, flight risk and the accused's means — courts must set an amount the accused can realistically afford if release is appropriate. Release on warning (no money) is also possible.

How does this apply to your situation?

Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.

Ask about criminal law

This guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.