Nicole Lawrence Attorneys

Criminal Law
(Bail Applications)

Being arrested may just happen when you least expect it. We offer our services when you find yourself in such an unfortunate situation.

After being arrested the law requires that you are brought to the police station as soon as possible & to be detained for no longer than 48 hours before being brought before a court for your first appearance. However, note the 48 hour period does no run over weekends.

You do not have to stay behind bars until brought to court for your first appearance. You have the right to apply for bail pending finalisation of your case if the interests of justice permit your release.

Bail is the sum of money paid to the court or to the police as security that the accused promises to come to court for future hearings of his /her case & agrees that if he/she does not return the money paid as bail may be forfeited to the State.

3 Forms of Bail:

1. Police bail

An arrested person can apply for bail at the police station before the expiration of the 48 hour period & before the first appearance in court. Police bail is granted by a police official of the rank of inspector & above & is for minor offences such as:

  • Common assault
  • Theft with a value of less than R2, 500.00
  • Criminal defamation
  • Possession of a small amount of dagga
  • Drunken driving
  • Reckless or negligent driving

2. Prosecutor bail

An arrested person can apply for bail at the police station to a Prosecutor who has been authorised to grant bail for more serious offences such as:

  • Public violence
  • Culpable homocide
  • Bestiality
  • Assault, involving infliction of grievous bodily harm
  • Arson
  • Housebreaking, with intent to commit an offence
  • Malicious injury to property
  • Robbery without a weapon, if the value of the item involved in the offence is less than R20, 000.00
  • Theft, if the amount involved in the offence does not exceed R20, 000.00
  • Illegal possession of dependence-producing drugs
  • Any offence relating to extortion, fraud or uttering if the amount or value involved in the offence does not exceed R20, 000.00

3. Bail Application in Court

An arrested person can apply for bail at the first appearance in Court or at any time before the accused is convicted, if the interests of justice permit. Offences which the Court can only set bail include:

  • Murder
  • Rape
  • Bestiality
  • Any sexual offence against a child or a person who is mentally disabled
  • Trafficking in persons for sexual purposes
  • Armed Robbery
  • Breaking or entering any premises
  • Theft
  • Receiving stolen property knowing it to have been stolen
  • Fraud or forgery if the amount or value involved in the offence exceeds R20, 000.00
  • Illegal dealing in or possession of precious metals or stones
  • Kidnapping
  • Child stealing
  • Intimidation


Should you require assistance with a bail application, feel free to contact us.

Contact Us

Phone: 071 456 9105

Email: info@nicolelaw.co.za

Fax: 086 432 0138

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