Section 50(1) of the Criminal Procedure No. 51 of 1977, provides that once a person is arrested for allegedly committing an offence, such person must be brought to a police station as soon as possible after arrest, that such person is required to be informed of his or right to institute bail proceedings as soon as reasonably possible and that such person be brought before court for a bail application as soon as reasonably possible, but not later then 48 hours after arrest.

Section 35(1)(1((d)(e) and (f) of the Constitution enshrines the above rights, and further provides that at the first court appearance after being arrested, a person must be charged or informed of the reason for the detention to continue, or to be released, if the interest of justice permit, subject to reasonable conditions.

The purpose of setting bail by a court is, firstly, to grant your release pending the date of trial, which could be in several months, and secondly to ensure that you return to court for trial, as if you do not, the amount of bail that you paid will be forfeited to the state.

Contact us to ensure that you are not unlawfully detained, receive a fair trial and that your legal rights are protected.