The different forms of bail applications in terms of the Criminal Procedure Act 51 of 1977:

Bail can be defined as the release of an accused person upon the payment of a sum of money, with the condition that the accused person will appear at a certain Court on a specified date in the continuation of a criminal case.

1.Police Bail:

This form of bail is applied for at the police station immediately once the accused has been arrested.

2.Prosecutor Bail:

This form of bail is applied for with the Prosecutor or Urgent Prosecutor (on call) who can authorise the accused to be released on bail under certain circumstances.

3. Bail applications in Court:

This form of bail is applied for at Court on the accused first appearance at Court, which is normally within 48 hours of arrest of the accused.

Bail is normally granted when the accused is not a flight risk, can easily be located by the Police and is not a danger to the community.

Should the accused person fail to appear in Court, or to comply with any of the bail conditions, this would result in the cancellation of bail, forfeiture of the bail money to the State, and the re-arrest of the accused.

Rosa van Niekerk Attorneys offers a 24-hour bail service to the public within the Gauteng region to assist accused persons with the bail application process.


Nthabiseng Sefudi


Rosa van Niekerk Attorneys

Tel: 010 110 9500 / 074 093 8907