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Criminal Procedure Act, 1977 (Act No. 51 of 1977)

Chapter 30 : Reviews and Appeals in Cases of Criminal Proceedings in Lower Courts

307. Execution of sentence not suspended unless bail granted


(1) Subject to the provisions of section 308, the execution of any sentence shall not be suspended by the transmission of or the obligation to transmit the record for review unless the court which imposed the sentence releases the person convicted on bail.


(2) If the court releases such person on bail, the court may—
(a) if the person concerned was released on bail under section 59 or 60, extend the bail, either in the same amount or any other amount; or
(b) if such person was not so released on bail, release him or her on bail on condition that he or she deposits with the clerk of the court or with a member of the Department of Correctional Services at the prison where such person is in custody or with any police official at the place where such convicted person is in custody, the sum of money determined by the court in question; or

[Section 307(2)(b) substituted by section 4 of Act No. 18 of 1996]

(c) on good cause shown, permit such person to furnish a guarantee, with or without sureties, that he will pay and forfeit to the State the sum of money determined under paragraph (b), in circumstances under which such sum, if it had been deposited, would be forfeited to the State.


(3) It shall be a condition of the release of the person convicted that he shall—
(a) at a time and place specified by the court; and
(b) upon service, in the manner prescribed by the rules of court, of a written order upon him or at a place specified by the court,

surrender himself in order that effect may be given to any sentence in respect of the proceedings in question.


(a) If the order contemplated in subsection (3)(b) is not served on the convicted person within 14 days of the issuing thereof because he or she cannot be found at the address given by him or her at the time of the granting of bail to him or her, the bail shall be provisionally cancelled and the bail money provisionally forfeited and a warrant for his or her arrest shall be issued.
(b) The provisions of section 67(2) in respect of the confirmation or the lapsing of the provisional cancellation of bail or the forfeiture of bail money, and making final the provisional forfeiture of bail money, the provisions of section 67(3) in respect of the hearing of evidence, and the provisions of section 70 in respect of the remission of forfeited bail money, shall mutatis mutandis apply in respect of bail pending review.

[Section 307(3A) inserted by section 12(b) of Act No. 75 of 1995]


(4) The court may add any condition of release on bail which it may deem necessary or advisable in the interests of justice, inter alia, as to—
(a) the reporting in person by the person convicted at any specified time and place to any specified person or authority;
(b) any place to which such person is prohibited to go;
(c) any other matter relating to the conduct of such person.


(5) The court which considers an application for bail under this section shall record the relevant proceedings in full, including the details referred to in subsection (3) and any conditions imposed under subsection (4).


(6) The provisions of sections 63, 64, 65, 66 and 68 shall mutatis mutandis apply with reference to bail pending review.

[Section 307(6) substituted by section 12(c) of Act No. 75 of 1995]