Criminal Procedure Second Amendment Act 75 of 1995

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75 of 1995

The Criminal Procedure Second Amendment Act 75 of 1995 intends:

  • to amend the Criminal Procedure Act, 1977, so as
  • to further regulate the detention of arrested persons;
  • to make provision for accused persons to be entitled to be released on bail in certain circumstances to give a court a discretion to postpone bail proceedings in certain circumstances;
  • to empower a court to, in respect of certain serious offences, order the accused to satisfy the court that the interests of justice do not require his or her detention in custody;
  • to empower the attorney-general to appeal against the decision of a court to release an accused on bail and the imposition of bail conditions;
  • to set out the factors which should be taken into account in considering bail;
  • to further regulate bail proceedings;
  • to revoke the power of an attorney-general to prevent the granting of bail in certain cases;
  • to render the non-appearance of persons who are on bail in certain cases and the non-compliance of bail conditions punishable;
  • to further regulate the cancellation of bail;
  • to empower a superior court to consider the granting of bail after the refusal of such an application in a magistrate's court where an accused is standing trial in the superior court; and
  • to make the bail-related provisions in the Criminal Procedure Act, 1977, as amended, applicable in the whole of the national territory; and
  • to provide for matters connected therewith.

Commencement

21 September 1995

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