Bail is a court order releasing an accused person from custody pending trial, typically on conditions (surety, reporting, passport surrender). The Criminal Procedure Act categorises offences into Schedules: ordinary offences (Schedule 1) have a light bail test; Schedule 5 offences (murder, rape, robbery) place the burden on the accused to show why the interests of justice permit release; Schedule 6 offences (aggravated rape, murder of a police officer) require exceptional circumstances.
When to hire a bail applications attorney
- You or a family member has been arrested and held in custody.
- A bail application has been refused and you want to appeal.
- Bail conditions have been breached and a warrant has been issued.
- You need to vary bail conditions (e.g. travel, reporting).
- You want to apply for bail in a serious case (Schedule 5 or 6).
What to expect
A bail application is made at the first court appearance (or soon after). For Schedule 1 offences, bail is often granted with minimal argument. Schedule 5 requires evidence of why interests of justice favour release. Schedule 6 requires proof of exceptional circumstances - usually by affidavit under Section 60(11B). Bail appeals go to the High Court.
Typical fees
Schedule 1 bail application: R3,500-R8,000. Schedule 5 application with affidavit: R10,000-R30,000. Schedule 6 exceptional circumstances application: R25,000-R80,000+. Bail appeals: R20,000-R60,000.
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