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

Chapter 9 : Bail

58. Effect of bail


The effect of bail granted in terms of the succeeding provisions is that an accused who is in custody shall be released from custody upon payment of, or the furnishing of a guarantee to pay, the sum of money determined for his bail, and that he shall appear at the place and on the date and at the time appointed for his trial or to which the proceedings relating to the offence in respect of which the accused is released on bail are adjourned, and that the release shall, unless sooner terminated under the said provisions, endure until a verdict is given by a court in respect of the charge to which the offence in question relates, or, where sentence is not imposed forthwith 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 5 or 6, the court shall, in considering the question whether the accused’s bail should be extended, apply the provisions of section 60(11)(a) or (b), as the case may be, and the court shall take into account—

(a) the fact that the accused has been convicted of that offence; and
(b) the likely sentence which the court might impose.


[Section 58 substituted by section 2 of Act No. 85 of 1997]