When one is being arrested, that moment you never thought you would have to deal with. Usually one will be scared and not knowing what to do and no one will be thinking straight. Unfortunately people tend to forget about their legal rights.

Upon being arrested, a person may be kept in a police cell or jail until the trial date has been set and to ensure that the arrested person will be present at court. According to the law the arrested person must be brought before the court within 48hrs of being arrested.

It is essential to know that when you are arrested you have the right to legal representation and the police officers should inform you in this regard. You also need to know that you do not have to stay in police cell or jail until the trial starts and finishes, you will need to apply for bail to be released on bail so that one will be temporarily released with or without conditions until the start to finish of the trial.

NB: if one is granted bail, it is not an indication of innocence or guilt, nor an indicator of how strong or weak the case against the accused is

The Criminal Procedure Act provides for three types of bail in South Africa, namely:
1. Police bail
1.1 The accused can apply for bail before the first appearance in the lower court.
1.2 application must be done at a police station
1.3 can only be done if the accused has been arrested for minor offence.

2. Prosecutor Bail
2.1 application can be done prior to first court appearance .
2.2 it can be made also at a police station but to a Prosecutor.
2.3 if the accused is arrested for offence listed in Schedule 7 of the criminal Procedure Act.

3. Court Bail
3.1 application must be done at the first appearance or any time during the court proceedings.
3.2 at Court and the court may stipulate conditions.
3.4 court will consider certain circumstances if the accused is charged with a very serious offence.

Should you need assistance with bail applications kindly contact Lorraine Kapungu on +27 76 034 9094 or at lorraine@kapunguattorneys.com