Bail: A Practitioner’s Guide

Product Details:
Author(s):
van der Berg, J
Year Published:
2012
Edition
3rd Edition
Type:
Print | Soft Cover
Language:
English
About this publication
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.
Content
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
Interest / Benefit to
Attorneys
Advocates
Judges
Prosecutors
Magistrates
Articled clerks at practical legal training centres