When someone is arrested, they are presumed innocent until proven guilty. In South African law, no one may be detained without trial unless necessary.
If the accused does not want to remain in custody until the trial is finalised, they may apply to be:
- Released on a warning (with or without conditions), or
- Released on bail — a sum of money paid to ensure they return to court.
Key things to know about bail:
- Bail may be granted by the police or a court, depending on the seriousness of the offence.
- The money acts as a guarantee that the accused will attend all court proceedings.
- If the accused attends all hearings, the bail money is refunded — even if they are found guilty.
- If they miss court or break bail conditions, the money may be forfeited.
- A receipt is issued when bail is paid — this must be kept to get the money back.
Only the person with the original receipt will be refunded once the case is complete.
You can get more information about bail on the website of the Department of Justice and Constitutional Development.
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