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4. WILL A LAWYER BE ABLE TO GET HIM/HER RELEASED ON BAIL AFTER HOURS, WEEKENDS, OR PUBLIC HOLIDAYS ?

A lawyer can arrange with the investigating officer for an arrested person, charged with any offence such as those listed below, to be released on bail by the police at any time before his or her first appearance in court.

Police can set bail for the following crimes:

  • Common assault Theft (such as shoplifting) with a value below R2500
  • Crimen iniuria (criminal defamation)
  • Possession of a small amount of dagga
  • Drunken driving Reckless or negligent driving.

The police needs the permission of a Public Prosecutor to release an accused when charged with the following crimes:

  • Public violence.
  • Culpable homicide.
  • Bestiality
  • Assault, involving the infliction of grievous bodily harm
  • Arson
  • Housebreaking, with intent to commit an offence.
  • Malicious injury to property.
  • Robbery without a weapon, if the items involved in the offence is less than R20 000
  • Theft, if the amount involved in the offence does not exceed R20 000
  • Illegal possession of dependence-producing drugs.
  • Any offence relating to extortion, fraud, forgery or uttering if the amount of value involved in the offence does not exceed R20 000

Only a court, after hearing a bail application during normal court hours, can fix bail for the following crimes:

  • Murder
  • Rape
  • Any sexual offence against a child or a person who is mentally disabled
  • Trafficking in persons for sexual purposes
  • Armed Robbery
  • Breaking or entering any premises
  • Theft, receiving stolen property knowing it to have been stolen, fraud, forgery if the amount or value involved in the offence exceeds R20 000
  • Illegal dealing in or possession of precious metals or stones
  • Kidnapping
  • Childstealing
  • Intimidation

 

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