Subject 7 Flashcards
(17 cards)
What happens when bail is granted ito sec 58?
An accused who is in custody will be released from custody upon payment of a sum of money determined for his bail and the accused must then appear at a place and on a date/time appointed for trial.
** PROVISO to s58:**
Where the court convicts an accused of a schedule 5/6 offence, the court must apply the provisions of section
60(11) (a)+ (b) of the CPA in deciding whether the
bail should be extended OR granted, taking into
consideration: the fact that the accused has been
convicted of an offence; AND the likely sentence which
the court might impose.
What happens if an accused fails to appear in court?
Failure to appear/comply with any bail condition can result in cancellation of bail or forfeiture of bail money to the state
What is the punishment for failing to appear ito sec 67?
A criminal offence for failing to comply+appear and is punishable by a fine/1 year imprisonment
Police Bail
What is sec 59 police bail?
An accused in custody for any offence except a part 2/3 schedule 2 offence can be released on bail by a police official if the accused deposits a sum of money at the police station and that sum is determined by the police official
-Sec 59-police who determined bail must consult with the investigating officer
Police Bail
What must the police official who determined bail hand to the accused?
At the time of releasing the accused on bail, they must complete and hand to the accused a receipt for the sum of money deposited as bail and on which the date, time,place of the trial of the accused is entered
-The police must then forward a duplicate of the original receipt to the clerk of the court in the juridiction
Police Bail
What opportunity does the accused have regarding police bail?
Police must grant the accused a reasonable opportunity to commuincate with legal reprenetative, family and friends to obtain the amount fixed as police bail
Police Bail
What is the purpose of police bail?
Ensure that the pre-trial release on bail is secured ASAP and the accused has the right to apply to a lower court for bail if police bail is refused
Police Bail
What are the limitations on police bail?
-only cash payments can be received not sureties
-Release on PB only takes place before the accuseds 1st appearance in a lower court and this ensures that the court remains in direct and exclusive control over the relase on bail
-Discretionary special conditions cannot be added by police when releasing an accused on PB
Police Bail
What is the discretionary power regarding Police Bail?
An application for police bail should not be frustrated by an excessive amount/refused in absence of a substantial cause for refusal
Prosecutorial Bail
What is Prosecutorial Bail ito sec 59A?
A DPP/Prosecutor authorised by the DPP in respect of a schedule 7 offence and in consultation with the investigating officer authorise the release of the accused on bail
-The accused in custody will be released from custody
upon payment of the sum of money determined for his
bail at the place of detention
Prosecutorial Bail
What is the effect of prosecutorial bail?
The person in custody shall be released:
a)upon payment/guarantee to pay the sum of money detetrmine for his bail at the place of detention
b)subject to reasonable conditons imposed by DPP/PP
c)Payment of a sum of money
Police Bail
When must an accused who is released on prosecutorial bail appear before court?
On first court day at the court,date and time determined by the prosecution and the release of the accused shall endure until he appears before court on the first court day
-Prosecutor bail must be recorded
Prosecutorial Bail
What is the effect of prosecutorial bail on the accused’s first appearance?
Prosecutorial bail only lasts until the accused;s appearance on the 1st court day
-Thereafter, judidical inetervention is required and the court may extende the bail on the same condititions,amend, add further conditions
What does the constitution provide for regarding bail?
section 35(1)(f), every suspect and/or accused
person has the right to be released from detention if the
interests of justice so permit, subject to reasonable conditions.
-To strike a balance between the interests of society and the liberty of the accused.
- Bail is the court’s way of allowing the accused to play an
active part in planning his defence.
What are the general principles of bail?
- Release on bail is not a substitute for an accused’s right to be brought to trial within a reasonable period
- Bail applications are urgent
- If it is likely that the sentence to be imposed upon conviction will be anything other than imprisonment, the pre-trial detention of the accused is highly undesirable.
- Bail is non–penal in nature.
- ## The issuing of bail should not be used as an attempt to obtain a statement from the accused.
What are the additional principles of bail?
- Where the accused is undefended, the prosecutor should
initiate the bail procedure. - Where bail is not raised by either party, the presiding officer should investigate this issue.
- The Court must weigh up the personal interests of the accused against the interests of justice even where bail is not opposed.
- The state is not entitled to hold an accused in custody for the purposes of investigation and so frustrate the right to apply for bail.
- The refusal of bail in order to protect society is only justified in extreme exceptional circumstances.
- The hearing of a bail application must be kept within
reasonable limits,
What must be taken into account with a bail application?
- The hearing of a bail application must be kept within
reasonable limits, subject to legislative provisions and the
rights of the accused. - The detention of an accused in a congested cell and the
refusal of prison authorities to permit the accused to consult with a medical practitioner, are no grounds for an initial or renewed bail application. - Bail pending sentencing –a court should take into
consideration the prescribed mandatory minimum sentences. - Bail can only be decided after a proper and judicially
conducted enquiry. - Bail money should not be excessive and the court should hold a separate enquiry into the ability of the accused to pay bail.
