The third edition of Bail provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

Where the law remains unclear – often as a result of divergent High Court decisions – the author provides guidelines to the practitioner and the lower courts alike. He makes concrete suggestions, where necessary, on the application of the law in a setting where tension between the liberty of the individual and the troubling crime rate calls for a measured and practical approach.

This edition features extensive quotations from the authorities, with English translations of Afrikaans judgments. The book also includes an invaluable ‘Quickfinder’ section in which the most important bail procedures are set out in a clear, concise and easily accessible format. Notice of motion templates are also provided.

In this, the third edition of Bail, the author provides a critical discussion of past and current bail law, including the impact of the Constitution on statutory interpretation and practice.

Now also available as an Ebook via the Van Schaik online bookstore - click here to download.

• Introduction, history and sources
• The nature and purpose of bail
• The presumption of innocence
• The right to bail
• Bail granted extra-curially
• The bail hearing
• Procedure and onus
• The rules of evidence in bail hearings
• The issues in bail hearings
• Bail conditions
• Posting bail or security
• Cancellation of bail
• Alternatives to bail
• Release pending appeal, review and petition
• Appeal and review of bail proceedings
• Extraordinary provisions, powers and proceedings
• NEW Bail and the rights of children
• NEW Bail and military tribunals
• Bail in extradition proceedings
• Appendices
  - Criminal Procedure Act 51 of 1977, ss 50, 58–72A, 159A, 304–316
  - Criminal Procedure Act 51 of 1977, Schedules 1, 2 (Part III), 5, 6 & 7
  - Extradition Act 67 of 1962, ss 9–13
  - NEW Quickfinder: Bail application ito s 60(1)
  - Procedure and onus
  - NEW Quickfinder: Bail application ito s 60(11)(a)
  - NEW Quickfinder: Bail application ito s 60(11)(b)
  - NEW Quickfinder: Notice of appel ito s 65
  - NEW Quickfinder: Bail pending petition and appeal to High Court
  - NEW Quickfinder: Bail pending petition and appeal to SCA
• Index