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

Chapter 9 : Bail

59A. Attorney-general may authorise release on bail


(1) An attorney-general, or a prosecutor authorised thereto in writing by the attorney-general concerned, may, in respect of the offences referred to in Schedule 7 and in consultation with the police official charged with the investigation, authorise the release of an accused on bail.


(2) For the purposes of exercising the functions contemplated in subsections (1) and (3) an attorney-general may, after consultation with the Minister, issue directives.


(3) The effect of bail granted in terms of this section is that the person who is in custody shall be released from custody—
(a) upon payment of, or the furnishing of a guarantee to pay, the sum of money determined for his or her bail at his or her place of detention contemplated in section 50(1)(a);
(b) subject to reasonable conditions imposed by the attorney-general or prosecutor concerned; or
(c) the payment of such sum of money or the furnishing of such guarantee to pay and the imposition of such conditions.


(4) An accused released in terms of subsection (3) shall appear on the first court day at the court and at the time determined by the attorney-general or prosecutor concerned and the release shall endure until he or she so appears before the court on the first court day.


(5) The court before which a person appears in terms of subsection (4)—
(a) may extend the bail on the same conditions or amend such conditions or add further conditions as contemplated in section 62; or
(b) shall, if the court does not deem it appropriate to exercise the powers contemplated in paragraph (a), consider the bail application and, in considering such application, the court has the jurisdiction relating to the powers, functions and duties in respect of bail proceedings in terms of section 60.


(6) The provisions of section 64 with regard to the recording of bail proceedings by a court apply, with the necessary changes, in respect of bail granted in terms of this section.


(7) For all purposes of this Act, but subject to the provisions of this section, bail granted in terms of this section shall be regarded as bail granted by a court in terms of section 60.


[Section 59A inserted by section 3 of Act No. 85 of 1997]