It depends on the crime they are charged with. For minor offences, the police can grant bail, or they may release the person on a warning. The investigating officer will propose an amount for bail and agreement is reached. Although a lawyer is not officially required for this, it is a very good idea to have legal representation. Minor offences include common assault, theft with a value below R2500, criminal defamation, DUI, and reckless or negligent driving. For more serious offences, the permission of the Public Prosecutor is required before someone can be released on bail. Only a court can fix bail for very serious offences such as murder, armed robbery, or sexual offences. In the case of serious or very serious offences, after-hours bail will not be possible and the person will have to remain in custody until the next working day.
Will a lawyer be able to get them released on bail after hours, weekends, or public holidays?
Disclaimer
The information on this website is provided to assist the reader with a general understanding of the law. While we believe the information to be factually accurate, and have taken care in our preparation of these pages, these articles cannot and do not take individual circumstances into account and are not a substitute for personal legal advice. If you have a legal matter that concerns you, please consult a qualified attorney. Simon Dippenaar & Associates takes no responsibility for any action you may take as a result of reading the information contained herein (or the consequences thereof), in the absence of professional legal advice.