What is bail in South Africa?

Bail can be defined as the release of someone from police custody charged with a criminal offence until the person has to appear in court or at a police station. In Cape Town, there are police stations in most suburbs including Milnerton, Rondebosch, Pinelands, Green Point and more.

The police will require security and/or an acceptable guarantee in order for the accused to be released on bail. Security is South Africa’s way to motivate the accused to appear in court or at the police station as per the condition of bail.

What is the purpose of bail?

The purpose of bail is to limit the impact on an accused’s freedom as the person has not yet been convicted.

Bail as a motivation

If the conditions of bail are not met then the guarantee and/or security (what is bail security?) used to release the accused is forfeited. The conditions of getting bail include appearing at a court or police station on a specified date.

The forfeit of the security and/or guarantee is the motivator for the accused or the surety to get the accused to adhere to the conditions of bail.

Innocent until proven guilty

Fundamentally, the core of the South African law system is that a person is “innocent until proven guilty”. Bail is used to minimally impact an accused’s freedom while the police continue to collect and process evidence regarding the case against the person accused of the crime.

How we can help

Bail Lawyer & attorney services in Cape Town are trained and experienced in criminal defence and the bail application process, with a reputation for handling after-hours bail.

We will ensure that your constitutional right to a fair trial is upheld, in that no unreasonable delays are permitted in the State’s finalisation of any investigations against you.

What is bail? Ask us, we are available to take your call 24 hours/7 days a week.

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