There is no fixed schedule of bail prices in South Africa. The amount is determined case by case and is not based on the charge name alone. Depending on the legal route, bail may be set by a designated police official under section 59 of the Criminal Procedure Act, an authorised prosecutor under section 59A, or a court under section 60.
In a court application, the interests-of-justice enquiry includes risks such as failure to attend trial, danger to a person or the public, interference with witnesses or evidence, further offending and interference with the criminal justice system. The court must also consider ability to pay. Under section 60(2B), if the accused cannot pay a monetary amount, the court must consider appropriate non-monetary conditions or a guarantee; if the accused can pay, the amount must still be appropriate in the circumstances.
Bail money is not the same as an attorney’s fee. The bail amount secures release and attendance, while legal fees cover advice, preparation and representation. For the practical steps a family should take after an arrest, including police, prosecutor and court bail routes, read the Bail Lawyer guide to getting bail in South Africa.
Primary source: Criminal Procedure Act 51 of 1977.