Guide to Bail Applications, A

Product Details:
Author(s):
Mokoena, MT
Year Published:
2018
Edition
2nd Edition
Type:
Print | Soft Cover
Language:
English
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.
Content
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
Extracts from Afrikaans judgments
Interest / Benefit to
Candidate attorneys
Junior prosecutors 
New criminal defence lawyers
Practical legal training centres 
Law clinics