Nature and effect of Bail

Question 1

effect of bail- bail granted and release from custody

Answer 1

*Section 58 of CPA states that when bail is granted, an accused who is in custody shall be released from custody:
1. upon payment of, or
2. the furnishing of a guarantee to pay
3. the sum of money determined for his or her bail

Question 2

when is the accused expected to appear for bail?

Answer 2

The accused must then appear at
the place and on the date and at the time appointed for his or her trial, or to
which the proceedings relating to the offence in respect of which the accused is
released on bail are adjourned

Question 3

the release of the accused for bail lasts until when?

Answer 3

until a verdict is given by the court in respect of a charge to which the offence in question relates.
if no sentence is imposed after verdict, the court may bail until sentence is imposed

Question 4

Offences of schedule 5 or 6 of CPA and factors that the court must take into account.

Answer 4

court must consider the question whether the bail of the accused should be extended and apply the provisions of section 60(11) a or b.
Two factors to be taken into account by courts:
1. the fact that the accused has been convicted of that offence
2. the likely sentence the court might impose

Question 5

what is schedule 5 or 6 offences in CPA

Answer 5

Schedule 5
-Treason
-Murder
-Attempted murder involving the infliction of grievous bodily harm
-Rape etc

Schedule 6
-planned murder
-human trafficking
-Robbery
-

Question 6

Failure of accused to appear in court consequences?

Answer 6

Cancellation of bail, forfeiture of bail money and the accuses re-arrested
failure to appeal is also a criminal offence which is punishable by a fine or imprisonment not exceeding a year

Question 7

Purpose of bail and section 35 (1) f of the constitution & s 60(1) of CPA

Answer 7

to strike a balance between the interests of society and liberty of an accused person.

s35(1)(f) provides that anyone who is allegedly accused of committing an offence has the right to be released from detention if the interests of justice permit, subject to reasonable conditions.

s60(1) of CPA further states that any person who is in custody of an alleged offence is entitled to be released on bail at any stage preceding their conviction in respect of such offence if the court is satisfied that the interests of justice so permit.

Question 8

chapter 9 of CPA

Answer 8

governs bail procedure