In any court case when a person is arrested, the accused person remains to be presumed not guilty until the court finds such person guilty. In our law no one may be detained without trial. If an accused is arrested, he or she is normally kept in prison or the police cells till the trial is finalised to ensure the presence of the accused at court.
If the person wishes not to be imprisoned pending the finalisation of the trial, he or she may apply to the court to be released on warning or on warning with some conditions attached or on bail (with or without conditions). Bail is the sum of money paid to the court or to the police. Bail is granted more readily when the accused is not a flight risk and can easily be found by law enforcement agencies. There is usually bail conditions set by the presiding officer that the accused must comply with.
What information should be obtained from the accused once s/he has been arrested?
- When was the accused arrested?
- What was the accused arrested for?
- Where is the accused being detained?
- What is the case number?
- Who is the investigating officer?
- What is the personal information of the accused, such as his/her name, surname, residential address, identity number, place of work, marital status, number of children, and next of kin?
Where can a person apply for bail?
The accused or his/her legal representative can apply for bail at the police station before the accused’s first court appearance, or at court.
What should a person do if bail is granted at the police station?
- The amount set by the police official should be paid and the accused will be released from custody.
- The police official will give a receipt and notice indicating the alleged criminal offence together with the date and time the accused should appear at court.
If the prosecution does not oppose the granting of bail, it does not automatically mean the court will grant bail. The court still has a duty to weigh up the personal interests of the accused against the interests of justice.
It is important to note that any person who has been released on bail and who does not, without good cause, appear at court on the due date, remain in attendance until the proceedings are complete, or who fails to comply with bail requirements, is guilty of an offence and will be liable to a fine or to a term of imprisonment not exceeding one year.
This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)