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17.HOW SOON MUST I BE BROUGHT TO COURT AFTER MY ARREST?

Any person who is arrested with or without warrant for allegedly committing an offence, or for any other reason, must as soon as possible be brought to a police station. As soon thereafter as reasonably possible, he must be informed of his right to apply for bail.1

The arrested person must be brought before a lower court within 48 hours after arrest. If the period of 48 hours expires outside ordinary court hours or on a day the court does not sit, the arrested person must be brought before a lower court not later than the end of the next court day.2

Although an arrested person may not be detained for more than forty-eight hours, the police are not obliged to detain him for the full 48 hours. A detainee is entitled to, even before the expiration of the 48 hour period, arrange a first court appearance in order to bring a bail application. The police, being part of the state machinery, are obliged to assist in making it possible for a court to hear such an application.3

1.50(1)(a) and (b) CPA

2.50(1)(d) CPA

3. 50(6)(a)(i); S v Du Preez 1991 (2) SACR 372 (Ck)

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