What does conditional police bail mean?

Conditional bail means that the person has to abide by certain conditions. These conditions may require that the person lives at a certain address or does not contact certain people. The police may also impose a curfew or take away their passport and may require that they report to the police station at set times.

How long can police keep you on bail without charge?

The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, eg murder. You can be held without charge for up to 14 days If you’re arrested under the Terrorism Act.

What are the common types of conditional bail?

Conditional Bail

Reporting to a police station;
Electronic tagging;
Sureties (someone who guarantees a payment of money to the court if the defendant does not attend at the next hearing);
Residence (requires the defendant to stay at a specified address);
Curfew;

What bail conditions can police impose?

When can the police place conditions on bail? The police can impose conditions on someone’s bail if they think granting unconditional bail is too risky – for example, if they think the suspect might run away, refuse to take part in the criminal proceedings, interfere with witnesses, or commit further offences.

Can a police officer make bail after hours?

There are also more serious cases where a person will get bail after hours through a public prosecutor. In these cases the public prosecutor will go to the police station and determine the bail. However, the public prosecutor can only determine bail if the investigating officer is in agreement.

How does bail work in the Criminal Procedure Act?

In terms of the Criminal Procedure Act (Act 51 of 1977) the attorney of a person charged with any of the crimes listed below can arrange with the investigating officer for the person to be released on bail before his first court appearance. Section 59 of the Act regulates this type of bail.

When does the SAPS need to grant bail?

The SAPS needs a public prosecutor’s permission to grant bail for the following offences: Should a person be charged with any of the following crimes, only a court can determine bail and only during ordinary court hours: crimes of a sexual nature, committed against a child or mentally handicapped person; human trafficking for sexual purposes

Can a non-commissioned police officer grant bail?

Certain police officers with the rank of non-commissioned officer or higher may grant bail. This is done primarily after consideration by the investigating officer.

What happens when a suspect is released on bail?

This is known as being released under investigation (RUI). This is now a common position for the Police to take. Prior to April 2017, most suspects would be granted bail (conditional or unconditional) and given a date for returning to the Police station.

Why is there no charge for police bail?

Whilst the regulatory regime governing police bail without charge may encourage the police to investigate more efficiently and timeously, the regulations govern bail and not investigation.

What happens when you are bailed by the police?

Bail is often granted with conditions such as a curfew, residing in a certain place, surrendering a passport, regular reporting to a Police station, or not interfering with witnesses. This is known as being released under investigation (RUI). This is now a common position for the Police to take.

What happens to Rui bail after 28 days?

The option of RUI avoids practical difficulties for both the suspect and the Police of having to comply with sometimes onerous bail conditions. From the Police point of view, it means that they do not need to charge, or apply for extensions of bail, after a 28 period.