Bail24/7

Bail24/7

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After-hours bail: What are my rights?

Phone George
Kleynhans    076 741 6666

24/7

By Hein Gonzales According art 50 (1) (b) of the Criminal
Procedure determine an accused in custody after arrest must be informed as soon
as possible of his right to apply for bail and release. The latter is not a
choice but a direct order and command for execution by police. Arrest and
accompanying imprisonment on a Friday night is not the best way to kick off a
weekend. There is often confusion about after-hours bail can be granted outside
the court, and on the other side granted bail by a court. Part 1 of this
discussion deals with after-hours bail, and Parts 2 and 3, which will be placed
on Maroela in the coming weeks, will deal with bail granted by a court. The
starting point will be in this process to determine which charges you are
arrested and charged. The latter will be the determining factor whether you
will be eligible for after-hours bail or not. The Criminal Procedure Act 51 of
1977 (hereinafter referred to as the “Act”), several schedules which
involved offenses are divided and bail accordingly granted these schedules.
Read the schedules at Justice.gov.za and make sure you know your rights. Where
do we start? Bail granted by SAPS Under section 59 of the Act, bail is granted
to you as accused before your first appearance in court if you are charged with
an offense that is not in Part II and Part III of Schedule 2 fall. Bail can
only be done by a member SAPS be granted rank of officer or higher rank,
provided that consultation with the investigating officer should be on the
merits. When considering the bail application, the police officer fairness to
evince through consideration of all relevant facts. If the police officer
maliciously refuse bail or refused to exercise its discretion, it could lead to
civil claims against the official concerned. Factors that should be considered
is whether you have a fixed address and whether you will attend your hearing
without having to flee. What will the process? You are arrested and get in
touch with your attorney under your constitutional right enshrined in Article
35 of the Constitution. Your lawyer shows up at the police station and talk to
the investigating officer and determine the charge. Your attorney will talk to
the police officer and investigator and negotiations for bail if an offense is
not in Part II and Part III of Schedule 2 fall. bail be determined by police.
You pay the bail amount and released. After this bail is granted, you will have
to appear the next day in court on the charges against you. The police officer
will tell you handed a J398-borgtogakte that all the information contained as
court date, time, place and charges against you. Example: There comes an
argument between you and the car attendant at a parking lot on a fee. The car
guard attack you angry and you re the attack mode by hitting him in
self-defense. The car attendant will serve malicious a complaint of assault
against you and you are arrested. Can the police to allow you bail? Yes, you
can bail granted by police because it is not an offense falling within Part II
or Part III of Schedule 2 does. Bail granted by a public prosecutor may grant a
prosecutor for you as accused bail terms section 59A of the Act for your first
appearance in court, provided you charged of an offense as enshrined in
Schedule 7 of the Act. This kind of bail can only be granted by a prosecutor
who is authorized by the Director of Public Prosecutions, and after consultation
with the investigating officer. The prosecutor may also impose certain
conditions on the granting of bail as you might have no contact with witnesses
and / or your sign every day at the local police station, or even to report for
an identification parade. What will the process? You are arrested and get in
touch with your attorney under your constitutional right enshrined in Article
35 of the Constitution. Your lawyer shows up at the police station and talk to
the investigator and / or inhegtenisnemende officer and determine the charge.
Your attorney approach the after-hours prosecutor on duty and asked him to come
to the police station for negotiations. Your lawyer will then SAPS officer,
investigator and prosecutor talks and negotiations fall for bail if the offense
in schedule 7 of the Act. Bail is set by the state prosecutor. You pay the bail
amount and released. This kind of bail may be granted subject to the following
conditions: This kind of bail can be granted only for your first court appearance
the following day. This kind of bail is only valid until your first court
appearance, and the court may decide to extend the bail, edit, decided to
reconsider or even to listen to a new application under section 60 of the Act
the application for bail. Example: You died in a car accident in question
during a person. The state alleges that you were negligent and you are charged
with manslaughter. May allow a prosecutor to you bail? Yes, because the offense
falls within Schedule 7 of the Act. What if police and the prosecutor bail or
can not allow? If you do not fall within the scope of the framework above, your
matter will be referred to the court for a formal bail application under
section 60 of the Act and within 48 hours after your arrest. This kind of bail
will be addressed in Part 2 of this series. The investigating officer and
prosecutor could bail refused on the following grounds: There are previous
convictions and convictions of other offenses and / or of the same offenses.
There are pending cases of the same type and / or other offenses. There is
concern that you have no fixed address and therefore is a flight risk. There is
concern that you can interfere your probably in the investigation and / or
witnesses. There are good grounds that you pose a danger to the public and / or
complainant. Your four tips for after-hours bail Make sure that you are aware
of your rights under law and the Constitution. Tree always within the framework
of legislation (no cowboys!). Never trying to circumvent legislation, but
ensure that you take a stand and ensure that justice is done. With certain
rights also come responsibilities. Ensure the synergy between the two as they
interact. For more safety tips please check out AfriForum’s latest video on
your constitutional right to protect yourself and your family during an attack
on yourself, more specifically your rights and responsibilities.

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