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After Hours Bail, Cape Town Lawyer and Services

ByOur Lawyer

After Hours Bail, Cape Town Lawyer and Services

Tap to chat or call us on WhatsApp 0672808602

Bail on a weekend or after hours – What can you do if you are behind bars? What about night court?

advice-child-maintenance-child-custody-divorceIf you know what you are looking for, go ahead to view the relevant Schedules and Parts of the Criminal Procedure Act:

Schedule 2

Schedule 5

Schedule 6

Schedule 7

After Hours Bail (Police or Prosecutor)

Bail, in simple terms, entails being released from incarceration, either by the police, or prison authorities, pending a determination of guilt, or innocence in relation to a crime. And when found guilty, bail can be granted pending the imposition of the appropriate sentence. You can also get bail pending appeal proceedings.

Need an After Hours Bail Lawyer

If you require a lawyer (advocate and/or attorney) for an after-hours bail application at the police station,  call us on 021 424 3287 during our office hours, or make use of our WhatsApp line, by clicking the icon. Save the number and send it to your friend.

Tap to chat or call us on WhatsApp 0672808602

 

What can you do after being arrested?

Many people get arrested during the day or night and have to wait sometime before they appear in Court where the issue of bail can be resolved. Should the person be arrested, it is possible that he or she obtain police bail or after hours bail through a court prosecutor.

Under certain circumstance, a police officer can give bail to an arrested person. These are usually for relatively minor criminal offenses.

A prosecutor can also give a person bail after hours for Schedule 7 Offenses. What would happen is that the prosecutor would be called to the police station and consider whether bail should be granted. Some people refer to this process and night court.

Should bail be granted at the police station either via police bail or prosecutorial bail, the accused would then have to appear in court on the date advised.

It is advisable to obtain the services of a legal practitioner should you wish to make use of police bail or prosecutorial bail. Give us a call and we can set you up. Now let us unpack the law.

The relevant law is as follows:

Criminal Procedure Act:

advice-child-maintenance-child-custody-divorcePOLICE BAIL

59 Bail before first appearance of accused in lower court

(1) (a) An accused who is in custody in respect of any offence, other than an offence referred to in Part II or Part III of Schedule 2 may, before his or her first appearance in a lower court, be released on bail in respect of such offence by any police official of or above the rank of non-commissioned officer, in consultation with the police official charged with the investigation, if the accused deposits at the police station the sum of money determined by such police official.
[Para. (a) substituted by s. 3 of Act 26 of 1987, by s. 1 of Act 126
of 1992 and by s. 2 of Act 75 of 1995.]
(b) The police official referred to in paragraph (a) shall, at the time of releasing the accused on bail, complete and hand to the accused a recognizance on which a receipt shall be given for the sum of money deposited as bail and on which the offence in respect of which the bail is granted and the place, date and time of the trial of the accused are entered.
(c) The said police official shall forthwith forward a duplicate original of such recognizance to the clerk of the court which has jurisdiction.
(2) Bail granted under this section shall, if it is of force at the time of the first appearance of the accused in a lower court, but subject to the provisions of section 62, remain in force after such appearance in the same manner as bail granted by the court under section 60 at the time of such first appearance.

Prosecutorial Bail

59A Attorney-general may authorise release on bail

(1) An attorney-general, or a prosecutor authorised thereto in writing by the attorney-general concerned, may, in respect of the offences referred to in Schedule 7 and in consultation with the police official charged with the investigation, authorise the release of an accused on bail.
(2) For the purposes of exercising the functions contemplated in subsections (1) and (3) an attorney-general may, after consultation with the Minister, issue directives.
(3) The effect of bail granted in terms of this section is that the person who is in custody shall be released from custody-
(a) upon payment of, or the furnishing of a guarantee to pay, the sum of money determined for his or her bail at his or her place of detention contemplated in section 50 (1) (a);
(b) subject to reasonable conditions imposed by the attorney-general or prosecutor concerned; or
(c) the payment of such sum of money or the furnishing of such guarantee to pay and the imposition of such conditions.
(4) An accused released in terms of subsection (3) shall appear on the first court day at the court and at the time determined by the attorney-general or prosecutor concerned and the release shall endure until he or she so appears before the court on the first court day.
(5) The court before which a person appears in terms of subsection (4)-
(a) may extend the bail on the same conditions or amend such conditions or add further conditions as contemplated in section 62; or
(b) shall, if the court does not deem it appropriate to exercise the powers contemplated in paragraph (a), consider the bail application and, in considering such application, the court has the jurisdiction relating to the powers, functions and duties in respect of bail proceedings in terms of section 60.
(6) The provisions of section 64 with regard to the recording of bail proceedings by a court apply, with the necessary changes, in respect of bail granted in terms of this section.
(7) For all purposes of this Act, but subject to the provisions of this section, bail granted in terms of this section shall be regarded as bail granted by a court in terms of section 60.
[S. 59A inserted by s. 3 of Act 85 of 1997.]

advice-child-maintenance-child-custody-divorceThe relevant Schedules are quoted below:

Schedule 2

[Schedule 2 amended by s. 5 of Act 126 of 1992. by s. 15 of Act
62 of 2000 and by s. 68 of Act 32 of 2007.]

Part I

(Section 35)
Any offence under any law relating to the illicit possession, conveyance or supply of dependence-producing drugs or intoxicating liquor.
Any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones.
Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence.
Theft, whether under the common law or a statutory provisIon.

Part II

(Sections 59, 72)
[Part II amended by s. 15 of Act 62 of 2000 and substituted by
s. 66 of Act 32 of 2007.]
Treason.
Sedition.
Murder.
Rape or compelled rape as contemplated In sections 3 or 4 Of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
Any sexual offence against a child or a person who is mentally disabled as contemplated in Part 2 of Chapter 3 or the whole of Chapter 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively trafficking in persons for sexual purposes by a person contemplated In section, 71 (1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Robbery.
Assault when a dangerous wound is inflicted.
Arson.
Breaking or entering any premises, whether under the common law or a statutory provision, with intent to commit an offence.
Theft, whether under the common law or a statutory provision, receiving stolen property knowing it to have been stolen, fraud, forgery or uttering a forged document knowing it to have been forged, in each case if the amount or value involved in the offence exceeds R2500.
Any offence under any law relating to the illicit dealing in or possession of precious metals or precious stones.
Any offence under any law relating to the illicit-

Possession of-
dagga exceeding 115 grams; or
any other dependence-producing drugs; or
conveyance or supply of dependence-producing drugs.

Any offence relating to the coinage.
Any conspiracy, incitement or attempt to commit any offence referred
to in this Part.

Part III

(Sections 59, 61, 72, 184, 185, 189)
(Part III substituted by s. 5 of Act 126 of 1992.)
Sedition.
Public violence.
Arson.
Murder,
Kidnapping.
Childstealing.
Robbery.
Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence.
Contravention of the provisions of section 1 and 1Aof the Intimidation Act. 1982 (Act 72 of 1982).
Any conspiracy, incitement or attempt to commit any at the above-mentioned offences.
Treason.

Schedule 5

(Sections 58 and 60 (11) and (11A) and Schedule 6)
[Schedule 5 added by s. 14 of Act 75 of 1995, substituted by s. 9
of Act 85 of 1997, amended by s. 36 (1) of Act 12 of 2004 and by
s. 27 (1) of Act 33 of 2004 and substituted by s. 68 of
Act 32 of 2007.]
Treason.
Murder.
Attempted murder involving the infliction of grievous bodily harm.
Rape or compelled rape a$ contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively, in circumstances other than those referred to in Schedule 6.
Any trafficking related offence by a commercial carrier as contemplated in section 71 (6) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Any offence referred to in section 13 (f) of the Drugs and Drug Trafficking Act, 1992 (Act 140 of 1992), if it is alleged that-
the value of the dependence-producing substance in question is more than R50 000,00; or
the value of the dependence-producing substance in question is more than R10 000,00 and that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or
the offence was committed by any law enforcement officer.

Any offence relating to the dealing in or smuggling of ammunition, firearms, explosives or armament, or the possession of an automatic or semi-automatic firearm, explosives or armament.
Any offence in contravention of section 36 of the Arms and Ammunition Act, 1969 (Act 75 of 1969), on account of being in possession of more than 1 000 rounds of ammunition intended for firing in an arm contemplated in section 39 (2) (a) (i) of that Act.
Any offence relating to exchange control, extortion, fraud, forgery, uttering, theft, or any offence referred to in Part 1 to 4, or section 17, 20 or 21 (in so far as it relates to the aforementioned offences) of Chapter 2 of the Prevention and Combating of Corrupt Activities Act, 2004-
involving amounts of more than R500000,00; or
involving amounts of more than R100 000,00, if it is alleged that the offence was committed by a person, group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy; or
if it is alleged that the offence was committed by any law enforcement officer-
involving amounts of more than R10 000,00; or
as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy.

Sexual assault, compelled sexual assault or compelled self-sexual assault as contemplated in section 5, 6 or 7 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively on a child under the age of 16 years.
An offence referred to in Schedule 1-
and the accused has previously been convicted of an offence referred to in Schedule 1; or
which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 1.

The offences referred to in section 4 (2) or (3), 13 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.

advice-child-maintenance-child-custody-divorceSchedule 6

(Sections 50 (6),58 and 60 (11) and (11A))
[Schedule 6 added by s. 10 of Act 85 of 1997, amended by
s. 27 (1) of Act 33 of 2004 and substituted by s. 68 of
Act 32 of 2007.]
Murder, when-
it was planned or premeditated;
the victim was-
a law enforcement officer performing his or her functions as such, whether on duty or not, or a law enforcement officer who was killed by virtue of his or her holding such a position; or
a person who has given or was likely to give material evidence with reference to any offence referred to in Schedule 1;

the death of the victim was caused by the accused in committing or attempting to commit or after having committed or having attempted to commit one of the following offences,
Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively; or
robbery with aggravating circumstances; or
the offence was committed by a person, group of persons or syndicate acting in the execution or furtherance of a common purpose or conspiracy.

Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively-
when committed-
in circumstances where the victim was raped more than once, whether by the accused or by any co-perpetrator or accomplice;
by more than one person, where such persons acted in the execution or furtherance of a common purpose or conspiracy;
by a person who is charged with having committed two or more offences of rape; or
(by a person, knowing that he has the acquired immune deficiency syndrome or the human immunodeficiency virus;
where the victim-

is a person under the age of 16 years;
is a physically disabled person who, due to his or her physical disability, is rendered particularly vulnerable; or
is a person who is mentally disabled as contemplated in section 1 of the Criminal law (Sexual Offences and Related Matters) Amendment Act, 2007;
involving the infliction of grievous bodily harm.

Trafficking in persons for sexual purposes by a person as contemplated in section 71 (1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Robbery, involving-
the use by the accused or any co-perpetrators or participants of a firearm;
the infliction of grievous bodily harm by the accused or any of the co-perpetrators or participants; or
the taking of a motor vehicle.

An offence referred to in Schedule 5-
and the accused has previously been convicted of an offence referred to in Schedule 5 or this Schedule; or
which was allegedly committed whilst he or she was released on bail in respect of an offence referred to in Schedule 5 or this Schedule.

The offences referred to in section 2, 3 (2) (a), 4 (1), 5, 6, 7, 8, 9, 10 or 14 (in so far as it relates to the aforementioned sections) of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004, section 2 (1) and (2) of the Civil Aviation Offences Act, 1972 (Act 10 of 1972), section 26 (1) (j) of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act 87 of 1993) and
section 56 (1) (h) of the Nuclear Energy Act, 1999 (Act 46 of 1999).

Schedule 7

[Schedule 7 added by s. 10 of Act 85 of 1997, amended by s. 10
of Act 34 of 1998 and by s. 16 of Act 62 of 2000 and substituted
by s. 68 of Act 32 of 2007.]
Public violence.
Culpable homicide.
Bestiality as contemplated in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007.
Assault, involving the infliction of grievous bodily harm.
Arson.
Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence.
Malicious injury to property.
Robbery, other than a robbery with aggravating circumstances, if the amount involved in the offence does not exceed R20 000,00.
Theft and any offence referred to in section 264 (1) (a), (b) and (c), if the amount involved in the offence does not exceed R20 000,00.
Any offence in terms of any law relating to the illicit possession of dependence-producing drugs.
Any offence relating to extortion, fraud, forgery or uttering if the amount of value involved in the offence does not exceed R20 000,00.
Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.

 

advice-child-maintenance-child-custody-divorceIf you require a lawyer for after hours bail, make use of this WhatsApp number:

Tap to chat or call us on WhatsApp 0672808602

After Hours Bail Cape Town - Night Court - Police or prosecutorial bail

After Hours Bail Cape Town – Night Court – Police or prosecutorial bail

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