MBOMBELA – Lowvelder has reported on a few bail applications over the past view weeks.
What will make a detained who has not yet been convicted, elligable for bail in terms of the Criminal Procedure Act 51 of 1977?
In short, bail will be granted if it will be in the interest of justice.
The court takes the charge against the accused into account and grants (or refuses to grant) bail according thereto.
Accused persons who pose flight risks are not likely to be granted bail.
Previous convictions and/or pending matters against the accused are taken into account. The accused is questioned with regards hereto and must be absolutely honest.
If the court decides that the accused is likely to interfere with state witnesses, bail will not be granted.
In many cases, bail applications are postponed pending further investigation such as the confirmation of the accused’s residential address, which must be done before bail is granted.
