BAIL ACT

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Effect of bail

    3.    Effect of bail

    4.    Interests of justice and bail

    5.    Bail conditions

    6.    Personal interest conditions

    7.    Disclosure of previous convictions

PART III
Application for bail

    8.    Bail before conclusion of examination in magistrate’s discretion

    9.    Bailable offences

    10.    Verbal application for bail

    11.    Application for bail after commitment

    12.    Magistrate to determine whether offence is bailable

    13.    Refusal of bail from uncertain issue of act committed

    14.    Bail pending appeal

PART IV
Rights of complainants in bail applications

    15.    Rights of complainant in bail application where accused is charged with an offence in Schedule III

PART V
Conditions and forfeiture of recognisances

    16.    Conditions of recognisances

    17.    Addition of further conditions of recognisances

    18.    Deposit instead of recognisance

    19.    On failure of accused to appear at trial, recognisance to be forfeited

    20.    Power to admit to bail, nature of bail and provision in case of default

    21.    Excessive bail not to be required

PART VI
Appeal to High Court

    22.    Appeal to High Court against refusal of bail

    23.    Power of High Court to admit to bail

PART VII
Sureties

    24.    Insufficiency of sureties

    25.    Release of sureties

    26.    Render in court

    27.    Sureties not discharged until sentence or discharge of accused

    28.    Death of surety

PART VIII
Arrest of accused person on bail

    29.    Person released on bail may be arrested if about to abscond

PART IX
Remission of bail

    30.    Remission of bail

    SCHEDULES

Act 4, 2024,
S.I. 19, 2024.

An Act to provide for bail proceedings; and for matters incidental or connected therewith.

[Date of Commencement: 4th March, 2024]

PART I
Preliminary

1. Short title

This Act may be cited as the Bail Act.

2. Interpretation

In this Act, unless the context otherwise requires—

"judicial officer" means a judge or magistrate;

"peace officer" has the same meaning assigned to it in the Criminal Procedure and Evidence Act;

"public prosecutor" has the same meaning assigned to it in the Criminal Procedure and Evidence Act; and

"victim" in relation to an offence against the person or against property, means a person who directly or indirectly suffered harm, including physical or mental injury, emotional suffering, damage or loss of property, as a result of the commission of the offence, regardless of any familial relationship between that person and the person who committed the offence, and includes, any person who suffered any such harm as a result of that person intervening to assist the person in respect of whom the offence was committed, and, where the victim is deceased, also a dependant of the victim.

PART II
Effect of bail

3. Effect of bail

Bail granted in terms of this Act shall have the following effect—

    (a) an accused who is in custody shall be released from custody on payment of, or on the furnishing of a guarantee to pay, the sum of money determined for his or her bail:

     Provided that, the accused shall appear at the place and on the date and at the time appointed for his or her trial or to which the proceedings relating to the offence in respect of which the accused is released on bail are adjourned; and

    (b) the release of the accused shall, unless sooner terminated—

        (i) endure until a verdict is given by a court in respect of the charge to which the offence in question relates, or

        (ii) where the sentence is not imposed immediately after verdict and the court in question extends bail, until sentence is imposed:

     Provided that, where a court convicts an accused of an offence contemplated in Schedule 1 or 2, the court shall, in considering the question whether the accused’s bail should be extended, apply section 6(2)(a) or (b) and take into account—

         (aa) the fact that the accused has been convicted of that offence; and

         (bb) the likely sentence that the court might impose.