When an accused is arrested for the alleged commission of an offence, such a person is just a suspect. It is important to note that an individual can be arrested either rightfully or wrongfully. The law in South Africa acknowledges this and that is where the phrase innocent until proven guilty comes from.

What is bail? It is the temporary release of an accused who is in custody after they make a payment to the court or the police pending their trial.

When we look at section 35(1)(f) of the Constitution of the Republic of South Africa, 1996, it states that persons that are arrested for the alleged commission of an offence have the right to be released from such a detention, if the interests of justice permit. Such a release should, however, be in accordance with certain conditions. These conditions include as an example, the accused appearing at the place, date and time that is appointed for his trial.

If an accused fails to appear in court or not follow the conditions on which his bail was set, this will be considered a criminal offence punishable by a fine or the imprisonment of the accused for a period that does not exceed one year.

To strike a balance in bail proceedings a refusal to grant bail in the interests of justice is allowed but only where one or more of the grounds set out in section 60(4)(a) -(e) of the Criminal Procedure Act 51 of 1977 are established, namely:

1. If there is a likelihood that the release of the accused on bail will endanger the safety of the public or that the accused will commit an offence in schedule 1.
2. If there is a likelihood that the release of the accused on bail will cause him to elude his trial.
3. If there is a likelihood that the release of the accused on bail will cause him to intimidate witnesses or destroy evidence.
4. If there is a likelihood that the release of the accused on bail will cause him to put the proper functioning of the criminal justice system at risk.
5. If there is a likelihood that the release of the accused on bail in exceptional cases will cause him to disturb the public order

It is important to note that refusing to give an accused who will stand his trial and not disrupt the administration of justice bail is not in the best interests of justice.

Bail will go on until such a time that a court provides a verdict that is related to the charge. The bail money is paid by either the accused or a third party to the relevant magistrates’ court, or registrar of the High Court as the case may be.

Reference list:

The Criminal Procedure Handbook (12^th ed).

The Constitution of South Africa, 1996.

The Criminal Procedure Act 51 of 1977.