When someone is arrested, they are presumed not guilty until the court finds them guilty. In our law no one may be detained without trial. If an accused is arrested, they are normally kept in prison or the police cells till the trial is finalised to ensure they attend the court case.
If the accused does not want to remain in prison until the finalisation of the trial, they may apply to the court to be released on warning, or on warning with some conditions attached, or on bail (with or without conditions). Bail is a sum of money paid to the court or to the police.
When the court case is over, the bail money is paid back even if the accused is found guilty. However, if the accused does not come to court on the day of their court case, or if they break any of their bail conditions, the bail may be forfeited.
When paying bail, you must get a receipt. Only the person with a receipt for the bail will get the money back after the trial.
You can get more information about bail on the website of the Department of Justice and Constitutional Development.
