Every accused person in South Africa has the right to apply for bail. Here is how bail is determined, who can be refused, and what to do if bail is denied or set too high.
FreeSouth African Law3 related guides
Direct Answer
Every accused person has the constitutional right to apply for bail and to be released if the interests of justice permit. Bail may be refused if you are a flight risk, may interfere with witnesses, or are charged with a Schedule 5 or 6 offence — but even then, you can argue exceptional circumstances. Always ask for bail at your first appearance.
The law above is general — your case may be different
Describe exactly what happened and get a specific answer based on your facts. 2 free answers, no account needed.
“Everyone who is arrested for allegedly committing an offence has the right to be released from detention if the interests of justice permit, subject to reasonable conditions.”
Criminal Procedure Act 51 of 1977
Section 60
“An accused who is in custody in respect of an offence shall, at his or her first appearance in a lower court, be entitled to apply to that court for his or her release on bail.”
Criminal Procedure Act 51 of 1977
Section 65
“The court may on application by the accused change the bail conditions or reduce the bail sum.”
What to Do
Step-by-Step Guide
1At your first court appearance, ask the magistrate for bail. This is your constitutional right. If you cannot afford an attorney, ask for Legal Aid.
2For Schedule 1 offences (minor offences), bail can be granted at the police station. For Schedule 5 offences (serious offences), you must show the court why it is in the interests of justice to release you.
3For Schedule 6 offences (e.g., murder, rape, robbery with aggravating circumstances), you must show "exceptional circumstances" why detention is not in the interests of justice. These are the hardest cases — get a lawyer.
4If bail is set too high, you or your attorney can apply to a higher court to reduce the amount. Bail should not be used as a punishment.
5If bail is refused, apply to the High Court for bail. The High Court can grant bail even where a Magistrate's Court refused.
What to Say
Exact Words to Use
“"I apply for bail in terms of Section 60 of the Criminal Procedure Act and Section 35(1)(f) of the Constitution. I am not a flight risk. I have [employment/family/community ties]. I undertake to appear for all future proceedings."”
Tone: State to the magistrate at first appearance
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
For Schedule 1 offences, the police can grant bail at the station. They cannot refuse to grant bail for minor offences without reason. If denied at the station, you will appear in court within 48 hours (72 hours over a weekend) where you can make a formal bail application.
What happens if I cannot pay the bail amount?
You remain in custody until your trial unless a family member or friend pays the bail. A bail bondsman service may also help. If bail is unaffordable, you can ask the court to reconsider the amount or apply to the High Court for a reduction.
Get Help Now
Resources & Helplines
Legal Aid SA
0800 110 110
Free legal representation for bail hearings for qualifying accused.
SAPS Charge Office
10111
Enquire about bail at station level for Schedule 1 offences.
Knowing the law is step one. The Advocate has scenarios on Criminal Procedure — practise the exact words to use, with audio, law references, and Scripture. Free to start.