Introduction to bail
Over the festive season you may, rightly, find yourself having a good time. This can lead to things getting out of hand, and landing yourself or a loved one, in one way or another – in trouble with the law.
When a suspect is arrested they are detained in the holding cells at a police station. The law states that a person must appear in court within 48 hours of being arrested. This excludes weekends and public holidays, which are not court days. In practical terms you may be arrested on a Wednesday afternoon and only be brought to court the following Monday. That’s a long time to be in custody whichever way you look at it.
What happens at court?
When a suspect arrives at court the prosecutor may request the case to be postponed for bail information for up to 7 days at a time.
It is possible to be released before first appearance at court on the so called police bail or after hours bail. This is very unlikely to happen if the suspect is not legally represented. There are many factors that go into securing such release which can only be done by hardworking and dedicated attorneys.
After hours bail is reserved for offences which are relatively less serious in nature, it therefore cannot be granted for more serious offences.
What happens when the state opposes bail?
Bail applications which are brought in court fall into three categories. Schedule 1,5 and 6.
Schedule 1
In this type of bail application, the burden is on the state to prove to the court why you should not get bail. If it cannot do so the court will grant bail. This is the easiest type of opposed bail application.
Schedule 5
In this type of bail application, you as the applicant must prove to the court that your release is in the interests of justice. In order to do this you would be well advised to seek legal advice and representation as your opponent will be a prosecutor who is legally trained and experienced. It involves the leading of evidence. You may also need to examine and cross examine witnesses and at the end the parties must present legal argument to persuade the court.
Schedule 6
This type of bail application is similar to schedule 5 but the key difference is that it is much more difficult. It places a burden on an applicant to satisfy the court that exceptional circumstances exist which in the interests of justice permits the applicants release on bail. You may be thinking what does that mean?
The truth is there is no fixed meaning. It is different things in different circumstances. Because it is so vague it is very easy for a court to deny bail saying that you have not met the burden when you could not have known what would have satisfied it in the first place.
Conclusion
Bail applicants need experienced attorneys to assist to place them in the best possible position for bail to be granted. Contact Heneke Attorneys Inc for all your criminal law needs.