Bail & summons Flashcards
Prisoners rights in custody
S-solicitor C-correspondence pen/paper A-advise next of kin M- medical aid P- proper care and treatment S- statutory requirements
Bailable as of right
The offence is not punishable by imprisonment or less than 3yrs imprisonment.
Police bail
When the person is arrested without warrant.
Cannot be brought before the court immediately.
Police consider it prudent to do so.
Charged with an offence which can be proceeded against summarily.
Court bail
Purely indictable offence: possession of a class A drug for supply.
Duties before bailing
Bail bonds signed
Authority to bail from sergeant
Right prisoner
Receipt for property
initial duties
Custody sheet Handwriting sample Address verified Fingerprints/palm prints Photo Authority from watch house set No WTA's
Bail conditions need to be:
Relevant
Reasonable
Enforceable
Police bail without conditions
14 days
Police bail with conditions
7 days
Summons time
Up to 2 months
S.10 Bailable only by district/ high court
Charged with specified offence eg. Murder/attempted, injuring with intent, use of firearm against police, sexual violation
&…
Has had 1 or more convictions for specified offence.
S.12. Bailable only by district/high court
3yrs + offence & At the time on bail for offence 3yrs+ & Has been in custody full time
12(1)(b) Bailable only by high court/district
3yrs+ offence….
Has had 14 or more custodial sentences….
Convicted of an offence 3yrs+ while on bail.
Arrest without warrant
RGTB…
Defendant has absconded or is about to abscond for the purpose of evading justice.
Or
Has contravened or failed to comply with any condition of bail.
Summons
No conditions made in triplicate.