Subject 7.2 Flashcards
(12 cards)
Cancellation of bail
What is the effect of the accused failing to observe bail conditions ito sec 66?
-If the prosecutor applies to lead evidence that the accused failed to comply with a bail condition and the accused denies that the failure to comply is their fault then the court must hear the accused+prosecutors evidence
-If the court finds the failure of the accused to comply is their own fault then bail can be cancelled and the money be forfeited to the state
Cancellation of Bail
What are the consequences of the accused for failing to appear for trial ito sec 67?
The court must cancel bail provisionally and declare the bail money to be forfeited to the state
-if the accused doesn’t appear within 14 days of the issuing of the warrant of arrest/if the accused appears but fails to satisfy the court that their failure to appear wasn’t their fault then the provisonal forfeiture/cancellaation of their bail will be final
>This does not prevent a new bail application from being made
Cancellation of Bail
What are the grounds for the cancellation of bail by the court?
i. Accused is about to evade justice or abscond in order to evade justice;
ii. Accused has interfered, threatened or attempted to do so with witnesses;
iii. Accused has defeated/attempted to defeat the ends of justice;
iv. Accused poses a threat to the safety of the public or particular person;
v. Accused has not disclosed, or has not correctly
disclosed, all his/her prior convictions
Cancellation of Bail
What action does the court take after proving grounds for cancellationof bail exist?
1.The court may then issue a warrant of arrest.
2.Court may issue a warrant of arrest, if on application
by any peace officer+upon a written statement on
oath, the peace officer has reason to believe that the
abovementioned grounds exist.
3.Onus is on the State to satisfy the court, on a balance of
probabilities, that there are sufficient grounds for
cancellation of bail.
Cancellation of Bail
How does the cancellation of bail operate when the accused requests so?
The accused can request the cancellation of his/her bail
on two(2) grounds:
a. Where he/she is in custody on any other charge; or
b. Where he/she is serving a sentence.
Request may only be made on application by the
accused.
Release on Warning
How does the release of the accused on warning operate in bail applications?
- S72 of CPA allows the court to release any accused on
warning and should the accused fail to return on that date, a warrant of arrest might be issue against him/her.
Release of a juvenile
How does the release of a juvenile operate?
- Juveniles are usually not released on bail, but into the care of their parents/guardian.
- Parent is warned that the child must appear on a certain
day and time. - If they fail to be present, a warrant of arrest would be put out for them
Case Law
What did the Venedal Case state regarding bail?
Court must not be influenced by an accused’s hunger strike when considering bail
Case Law
What did the Viljoen Case state regarding bail?
If an accused doesn’t present a prima facie case for bail then the state does not have to produce evidence to rebut the bail application
3rd Parties
Can bail be paid by a 3rd person according to sec 69?
A 3rd person may pay the accused’s bail but they won’t be allowed to deposit bail if the official concerned has reason to believe that such a person has been indemnified against loss of bail money/will receive financial benefit in connection with the deposit of bail money
-Legal representatives cannot pay a clients bail
Case Law
What did the Acheson case ste regarding the release of an accused on bail?
Bail is non-penal in nature
-The accused cannot be kept in detention pending his trial
as a form of anticipatory punishment. He has right to be
presumed innocent and court will usually grant bail unless
this will prejudice the interest of justice.
Case Law
What did the Histcham case state regarding change in circumstances for a bail application?
Change of circumstances warranting bail relevant is when there is apassage of time and no progress in the investiagtion
