Nauurse Bail: What are my rights?

Hein Gonzales is a risk and support manager at Wefor’s community safety division.

According to section 50 of the Criminal Procedure Law, an accused who is in custody is required to be arrested as soon as possible from his right to apply for bail and release. The latter is not a usable choice, but direct orders and instructions for execution by NAPS.

 Bail granted by NAPS

Arrest and the accompanying imprisonment on a Friday night are now the best way to kick off the weekend. There is often confusion about teaches bail that can be granted outside court, and on the other hand bail granted by court. Part 1 of this discussion deals with bail bond, after which Part 2 and 3, which will be placed on Maroela in the coming weeks, will deal with bail granted by court.

 

The point of departure in this process will be to determine which charge you have been arrested. The latter will be the determining factor whether you will be eligible for hourly bail or not. The Criminal Procedure Act, Act 51 of 1977 (hereinafter referred to as the “Law”), has several schedules in which the offenses in question are divided and bail is accordingly granted these schedules. Please read the schedules at Justice.gov.za and make sure you know what your rights are.

 

Where do we start?

bail

Bail granted by NAPS

Under Article 59 of the Act, bail may be granted to you as accused before your first appearance in court if you are charged with an offense that does not fall into Part II and Part III of Schedule 2. of the fairness by considering all relevant facts. If the NAPS official deliberately refuses the bail or refuses to exercise the landlord, it may lead to civil claims against the officer in question.

 

The factor to consider is you have a fixed address and whether you will attend your trial without fleeing.

 

How will the process look?

bail

You are being arrested and connected to your attorney under your constitutional law as entrenched in section 35 of the Constitution.

Your lawyer arrives at the police station and talks to the investigating officer and establishes the charge.

Your lawyer will then discuss and negotiate with the NAPS officer and investigating officer for bail if it is an offense not covered in Part II and Part III of Schedule 2.

 

Bail is determined by NAPS.

Bail is determined by NAPS.

You pay the bail amount and are released.

After this bail has been granted, you will have to appear in court on the charges against you the next morning. NAPS Officer will hand over your J398 Bail Bonds containing all the necessary information such as court date, time, place, and complaint against you.

 

Example: There is an exchange of words between you and the car guard at a parking lot over a fee. The car guard attacks you from anger and you attack the attack again by hitting it for self-defense. The car watch is going to serve maliciously charged charges of assault against you and you are being arrested. Can the police allow you for your bail? Yes, you can be granted bail by NAPS as it is no dry offense that falls within Part II or Part III of Schedule 2 no.

 

Bail granted by a public prosecutor

Bail

Under Article 59A of the Act, a public prosecutor may grant you as an accused bail before your first appearance in court, provided you have been charged with an offense as enshrined in Schedule 7 of the Act. This kind of bail can only be granted by a public prosecutor who is authorized to do so by the director of public prosecution, as well as consulting with the investigating officer concerned. The state prosecutor may also impose conditions on the granting of bail such that you may not have any contact with witnesses and/or report you every day at a local police station or must report for an identification parade.

 

How will the process look?

How will the process look?

You are being arrested and connected to your attorney under your constitutional law as entrenched in section 35 of the Constitution.

Your lawyer arrives at the police station and talks to the investigating officer and/or arresting officer and establishes the charge.

Your lawyer approaches the teaches state prosecutor and requests him to come to the police station for negotiations.

Your lawyer will then speak to the NAPS officer, investigator and state prosecutor and negotiate for bail if the offense falls within schedule 7 of the Act.

Bail is determined by the state prosecutor.

You pay the bail amount and are released.

This type of bail may be granted subject to the following conditions:

 

This kind of bail can only be granted before your first court appearance the next day.

This kind of bail has been spelled in force for your first court appearance, after which the court may decide to extend, amend, decide to reconsider the application for bail or even hear a new application under section 60 of the Act.

Example: You are involved in a car accident during which one person died. The state claims you were negligent and you are being charged with culpable homicide. Can a State Prosecutor Allow for Your Bail? Yes, since the offense falls within schedule 7 of the Act.

 

What if NAPS and the State Prosecutor can or do not want to grant bail?

What if NAPS and the State Prosecutor can or do not want to grant bail?

If you do not fall within the scope of the framework above, your matter will be referred to the court virus a formal bail application under section 60 of the Act within 48 hours of arrest. This kind of bail will be dealt with in Part 2 of this series.

 

The investigating officer and state prosecutor may refuse bail on the following grounds:

  • There have been previous convictions and convictions of other offenses and/or of the same offenses.
  • There are pending cases of the same kind and/or other offenses.
  • There is concern that you have no fixed address and therefore a flight risk.
  • There is concern that you may interfere with the investigation and/or witnesses.
  • There are good reasons why you are threatening the public and/or the complainant.

Your four tips for close bail

Make sure you are aware of your rights under law and the Constitution.

Always act within the framework of legislation (no cowboys!).

Never try to circumvent legislation, but ensure that you take a stand and ensure that justice is done.

With certain rights there are also responsibilities. Ensure the synergy between the two as they interact.

For more safety tips, please check out Wefor’s latest video on your constitutional right to protect yourself and your family during an attack on yourself, more specifically your rights and responsibilities.