Arrive Alive

Road Traffic Offences and Bail Applications

Introduction:

On the Arrive Alive website we share information with road users enabling them to make informed decisions and to be safer on the roads. Unfortunately not all road users make these decisions and some have to deal with the wrath of the law!

On this platform we also wish to provide some clarity with regards to the legal processes in the event of an arrest and some of the options available after arrest and even conviction. Arrests on the road are not merely for drunk driving but can also be for other instances of reckless driving such as excessive speeding.

In this section we would like to share, with the kind assistance of Adriaan Janse Van Rensburg from Phatshoane Henney Attorneys, some insights to bail applications after an arrest:

My son has been arrested... what now?

“I recently heard from a friend that her son had been arrested for drunk driving and that it had been quite a traumatic experience for the family to get their son released on bail. I have to admit I know nothing about bail and I am worried that I won’t know what to do to help my own child should he or she be arrested one day. How does bail work and what should I know? ”

The reality is that arrest is much more common than one realises, and it doesn’t necessarily only happen to violent criminals. It is therefore important that one knows the basics of how the process works and what has to happen to get released on bail.

Firstly, it is important to be aware of the different types of bail. Our law makes provision for three types, namely police bail, prosecutor’s bail, as well as court bail.

Police bail

Police bail:

Police bail is usually fixed after hours by the particular police station where the arrested person is detained, and is only possible when a person is accused of a ‘less serious’ charge, for example drunk driving, common assault or store theft.

To have someone release on police bail, it is firstly important to determine where the person is being detained. It will ordinarily be the police station nearest to where the incident took place. Take proof with of where the person lives and works.

As soon as you know where the person is detained, you can approach the relevant police office in command of that station and ask if the person has already been charged. If the person has been charged, the police docket will have a ‘CAS’ number and be allocated to an investigative officer. Ask who the investigative officer is and enquire from him/her if he/she will be willing to fix bail - and if yes, on what basis.

Important to remember is that police bail can only be fixed if a person has a clean criminal record – thus no former offences or pending cases against their name. If police bail cannot be granted, the police may, according to the law, detain a person for 48 hours before the person is brought before court.

Prosecutor’s bail:

Prosecutor’s bail is commonly determined after hours by the particular police station. This type of bail can be fixed for more serious offences, such as for example culpable homicide, assault with the intent of grievous bodily harm, housebreak and theft where the alleged stolen goods don’t exceed R20,000. Prosecutor’s bail may not be fixed for offences such as, for example, murder or rape.

The same process that’s followed with police bail, can be followed here. What differs from police bail however, is that a state prosecutor has to be present during bail fixing. A list of the particular state prosecutors and more specifically which prosecutor is on duty, can be found at your nearest Magistrate’s Court.

It is important to remember that the investigative officer as well as the prosecutor’s permission is required for this type of bail. The state prosecutor may also link any reasonable conditions to the bail, such as that the accused may not contact the complainant, etc.

Court bail

Court bail:

Court bail is fixed in court in respect of any other offence. In terms of our law a person has to be brought before court within 48 hours, where the person can then apply for bail. This will be the case where police- or prosecutor’s bail had not been permitted or requested.

The process followed during court bail is complex, seeing as there are various factors that the court has to take into account when deciding whether to grant bail or not. Factors the court needs to consider include whether the person has a fixed address, any previous offences and whether the person has any pending cases against him/her.

Important to remember is that the State has the right to postpone any bail application for a period not exceeding seven days, which means the accused will be sent to jail until he/she can be brought before court again. The State may then once again request a postponement for a formal bail hearing.  With the congestion in our courts it can happen that that bail application only takes place in two weeks’ time. To assist with managing the complex process of court bail, and to prevent a person from having to wait for two weeks for a bail application it’s important to acquire the assistance of a criminal law specialist. 

If you are the arrested, it is always wise not to just make a statement. Often one is under strain and one’s thoughts are not always clear, in which case it is preferable not to make a statement in such circumstances.  Therefore it is actually advisable in all instances of arrest to acquire the assistance of a criminal law specialist that can help manage the legal process best during this taxing time.

[A word of appreciation to Adriaan Janse Van Rensburg from Phatshoane Henney Attorneys]

Also view:

Rules of the Road and Road Safety

Drunk Driving and Road Safety

NICRO and the Road Offences Panel Programme

Loading...

Search Road Safety Articles

Latest Pages

Dashboard Cameras and Buying a Dash Cam for your Drive

Dashboard Cameras and Buying a Dash Cam for your Drive

What are the most important aspects to consider when choosing a dashboard camera? In our opinion, the video quality is the most important. The end-user needs a clear image/recording in the unfortunate event of a car accident. Blurry images/recordings may result in the loss of critically important

Read More

Code of Conduct for Safe Cycling and Sharing Roads Safely

Code of Conduct for Safe Cycling and Sharing Roads Safely

Checklist before riding: 1. Prepare and check your equipment to be in perfect condition for the road (greased chain, correct tyre pressure, brakes, lights, gear, etc.) 2. Bring a repair kit (pump, etc.) and rely on yourself in case of an emergency. 3. Protect Yourself: Wear appropriate clothes

Read More

K53 Driver Licence Test

K53 Driver Licence Test

K53 Driver Licence Test K53 is the term for the current driver licence test. The number given to the test was based on proposals submitted in the 1980's and then the reworked versions were upgraded numerically. Test number K53 was finally accepted as the way to test aspirant drivers. This

Read More

Safety on the Road to Sports Stadiums

Safety on the Road to Sports Stadiums

Introduction South Africa is experiencing a huge inflow of visitors to sports events. The country has been recognized as an excellent host nation for sports events, and international competitions in cricket, rugby and football are attracting many of these visitors. We have experienced amazing interest

Read More

What would be the Best Photos to take at the Scene of a Road Crash?

What would be the Best Photos to take at the Scene of a Road Crash?

Much has been written about the dangers of cellular phones and the need to avoid them as typical distractions while driving. Modern-day cellular phones with built-in cameras could however also be a very important tool to gather evidence at an accident scene. The Arrive Alive website has approached well

Read More

Legal Duties after a Collision and Road Crash

Legal Duties after a Collision and Road Crash

A road crash happens fast and is a traumatic experience. It may leave you shaken, injured and unable to think clearly. For those reasons, it’s a good idea to review what to do if you’re in a road accident now. Then, if you’re ever involved in a crash, it will be easier to respond

Read More

Load More Pages

Partners

View All