Subject 7 Flashcards
What happens when bail is granted ito sec 58?
An accused who is in custody will be released from custody upon payment of a sum of money determined for his bail and the accused must then appear at a place and on a date/time appointed for trial.
What happens if an accused fails to appear in court?
Failure to appear/comply with any bail condition can result in cancellation of bail or forfeiture of bail money to the state
What is the punishment for failing to appear ito sec 67?
A criminal offence for failing to comply+appear and is punishable by a fine/1 year imprisonment
Police Bail
What is sec 59 police bail?
An accused in custody for any offence except a schedule 2/3 offence can be released on bail by a police official if the accused deposits a sum of moent at the police station and that sum is determined by the police official
Sec 59-police who determined bail must consult with the investigating officer
Police Bail
What must the police official who determined bail hand to the accused?
At the time of releasing the accused on bail, they must complete and hand to the accused a receipt for teh sum of money deposited as bail and on which the date, time,place of the trial of teh accused is entered
-The police must then forward a duplicate of the original receipt to the clerk of the court in the juridiction
Police Bail
What opportunity does the accused have regarding police bail?
Police must grant the accused a reasonable opportunity to commuincate with legal reprenetative, family and friends to obtain the amount fixed as police bail
Police Bail
What is teh purpose of police bail?
Ensure taht the pre-trial release on bail is secured SAP and teh c=accused has the right to apply to a lower court for bail if police bail is refused
Police Bail
What are the limitations on police bail?
-only cash payments can be received npt sureties
-Release on PB only takes place before the accuseds 1sta ppearance in a lower court and this ensures taht the court remains in direct and exclusive control over the relase on bail
-Discretionary special conditions can be added by police when releasing an accused on PB
Police Bail
What is the discretionary power regarding Police Bail?
An application for police bail should not be frustrated by an excessive amount/refused in absence of a substantial cause for refusal
Prosecutorial Bail
What is Prosecutorial Bail ito sec 59A?
A DPP/Prosecutor authorised by the DPP in respect of a schedule 7 and in consultation with the investigating officer authorise the release of the accused on bail
Prosecutorial Bail
What is the effect of prosecutorial bail?
The person in cutody shall be released:
a)upon payment/guarantee to pay the sum of money detetrmine dor his bail at the place of detention
b)subject to reasonable conditons imposed by DPP/PP
c)Payment of a sum of money
Police Bail
When must an accused who is released on prosecutorial bail appear before court?
On first court day at the court,date and time determined by the prosecution and the release of teh accused shall endure until he appears before court on the first court day
-Prosecutor bail must be recorded
Prosecutorial Bail
What is the effect of prosecutorial bail on the accused’s first appearance?
Prosecutorial bail only lasts until the accused;s appearance on the 1st court day
-Thereafetr, judidical inetervention is required and the court may extende the bail on the same condititions,amend, add further conditions
