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A Guide to Bail Applications 2e

A Guide to Bail Applications 2e

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Product Details:

Author(s): Mokoena, MT
Page count: 280
ISBN: 9781485127123
Languages(s): English,
Year Published: 2018
Categories: Forensic Law, Criminal Law and Procedure, Law
Type: Print

About this publication

The issue of pre-trial release or bail remains an important topic in the criminal justice process. This is mainly because bail is concerned with one of the most important principles of justice, namely, individual freedom. The denial of release after arrest constitutes, without doubt, serious infraction to personal freedom. Thus, knowledge of the processes related to pre-trial release is important, not only to lawyers, but also to all who are interested in the right to freedom.

A Guide to Bail Applications second edition expands on some of the most important issues, case discussions and case excerpts related to bail applications. New information is also included which offers somewhat fresher perspectives to the material, without necessarily detracting from the general style, poise and content of the previous edition.


  • Table of Cases
  • Table of Statutes
  • Practical considerations
    • Introduction
    • Preparation for the bail hearing
  • Bail before first appearance in court
    • Procedure after arrest
    • Pre-trial release by the police and the prosecution
    • Police bail (Annexure 1)
    • Release on warning in lieu of bail
    • Bail by the prosecutor (Annexure 3)
    • Summons (Annexure 4)
    • Written notice to appear (Annexure 2)
  • The bail application in court
    • Background
    • The aspects which give formal bail applications their unique character
    • Some preliminary aspects of bail
  • Factors to be considered when granting bail
    • Background
    • Evidential considerations
    • The relevant provisions of s 60
    • The provisions of s 60(4)
    • The record of the bail proceedings
  • Juveniles
    • Background
    • The Constitution
    • The Child Justice Act
    • Pre-trial release
    • Court release
  • The effect of bail
    • Background
    • Bail conditions
    • The venue of the bail hearing
    • The time and date
    • Witnesses
    • Bail should not be fixed at an excessive amount
    • The role of the prosecutor in bail conditions in terms of s 62(f)
    • Amendment of the bail conditions
    • Release or amendment of conditions of bail in terms of s 63A
  • Cancellation of bail
    • Background
    • Failure to fulfil bail conditions: s 66
    • Failure to appear in terms of s 67
    • Cancellation of bail in terms of s 68
    • Cancellation of bail at the instance of the accused
    • Section 170: failure to attend court by an accused released without bail
  • Bail in the High Court o Background
    • Appeals to the High Court (Annexure 7)
    • Appeals to the Supreme Court of Appeal o Powers of the court
    • Application on new facts (Annexure 7B)
    • The interdictum de libero homine exhibendo
    • The essential procedure o Bail pending appeal
  • Annexures

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