1. Application for bail can be made at any time
The accused can apply for bail at any stage of the court proceedings. After arrest, the accused must be brought before a court within 48 hours of arrest and then they (or their legal representative) can apply for release on bail if the case is not finalised on that day.
2. It has no bearing on the outcome of the case
Bail is not a reflection of the case outcome – it is not an indication of innocence or guilt. The trial will move ahead. Bail simply indicates that the court does not view the accused as a flight risk or danger to others.
3. Bail is a promise to return
By paying bail to the court, the accused is promising to return to court on the stipulated date/s of the trial. If they do not return or interfere with any of the conditions set in relation to the bail, the money is forfeited to the state and an arrest warrant will be issued. Once the trial is over, and the accused has attended as required, the money will be returned to the accused, regardless of their innocence or guilt.
4. Bail payments have a receipt
Once payment has been made, the court will issue a receipt. The person who made the payment should keep the original receipt and when the trial has been finalised, they can collect the amount paid by presenting the receipt to the clerk of the court.
5. Granting of bail is determined by various factors
To get bail, the accused must convince the judge that they are not a flight risk, do not pose a danger to others, will not interfere with the investigation or witnesses, and will not commit any further crimes.
Think you might never be arrested? Did you know that, in South Africa, you can be arrested for outstanding traffic fines or traffic violations? This might result in you being detained. Bail is a legal right but many people don’t know how to access it or have the funds on hand to pay it at the time it is required. At Oversure, we can help.
We offer bail protection as part of our comprehensive legal cover. This means we can assist our members in posting bail for minor crimes (T&Cs apply). Our members have the peace of mind that we are available 24/7 to post bail on their behalf and thereby ensure that they don’t have to spend unnecessary time behind bars. They also don’t have to worry about not having available funds to post bail (limits apply). We also offer legal guidance through a team of qualified lawyers regarding arrests and the right to obtain bail, as well as after bail follow up and assistance.
At Oversure, we offer a wide range of legal cover and legal assistance products designed to provide every South African with access to legal representation and support across a wide range of legal concerns from personal matters to business interests.