| (a) |
The attorney-general may appeal to the superior court having jurisdiction, against the decision of a lower court to release an accused on bail or against the imposition of a condition of bail as contemplated in section 65(1)(a). |
| (b) |
The provisions of section 310A in respect of an application or appeal referred to in that section by an attorney-general, and the provisions of section 65(1)(b) and (c) and (2), (3) and (4) in respect of an appeal referred to in that section by an accused, shall apply mutatis mutandis with reference to a case in which the attorney-general appeals in terms of paragraph (a) of this subsection. |
| (a) |
The attorney-general may appeal to the Appellate Division against a decision of a superior court to release an accused on bail. |
| (b) |
The provisions of section 316 in respect of an application or appeal referred to in that section by an accused, shall apply mutatis mutandis with reference to a case in which the attorney-general appeals in terms of paragraph (a) of this subsection. |
| (c) |
Upon an appeal in terms of paragraph (a) or an application referred to in paragraph (b) brought by an attorney-general, the court may order that the State pay the accused concerned the whole or any part of the costs to which the accused may have been put in opposing the appeal or application, taxed according to the scale in civil cases of that court. |
| (3) |
If the appeal of the attorney-general in terms of subsection (1)(a) or (2)(a) is successful, the court hearing the appeal shall issue a warrant for the arrest of the accused. |
[Section 65A inserted by section 7 of Act No. 75 of 1995]
Housing Development Agency Act, 2008
