Lawyers AND ATTORNEYS - All Services! All Areas!

Johannesburg & Pretoria/Gauteng, Cape Town/Western Cape, Durban/Kwa Zulu Natal

Formal Bail Applications in all Courts: Process

- Featured article by LAWYERS-ONLINE.CO.ZA - April 2019

Upon arrest, an accused person is immediately transported to the police station for detainment and depending on the severity of their crime they can be afforded police bail at the police station. However if their crime is deemed to be too serious, they will be detained and brought before the courts within a 48-period – and only during this court appearance will they be able to apply for formal bail which may only be granted by the courts. Always remember no one may be detained without a trial.

In order to qualify for formal bail in all courts, the application should meet the criteria set forth by the Criminal Procedure Act, although bail must always be granted in the interest of justice as set forth in section 35(1)(f) of the Constitution. However, conditions may apply to this release such as restriction of movement or possible house arrest. Clearly, this is a very subjective process in some cases, and very objective as the rule of law sets forth.

The defendant should assure the courts of the following when filing an application for formal bail:

  • That they will not flee and will be present for their court dates
  • Are not a danger to others
  • Will not intimidate witnesses
  • And will not commit any other crimes

However, it should be noted that for schedule 6 offences as set out in the Criminal Procedure Act, the accused has to prove that there are exceptional circumstances that should allow for bail – such as the strength of the prosecution’s case.

It is clear formal bail applications in all courts can be tricky processes depending on the charges levied against the accused and it is always best to have legal advice on hand to help with such applications. If you require assistance or advice regarding formal bail applications, do not hesitate to contact our services and we will refer your query to a qualified lawyer who can assist.

24-Hour Bail Applications at Police Stations and Process

Get Legal Help Now!

Immediate Action Request

Use this form to request a call back or an email within 1 working hour from our office.

Please complete the reCAPTCHA to help us reduce spam and to complete the form sending process.

Anthony Wilton Inc

In 2021, Anthony Wilton Inc entered a commercial agreement with SA Online (division started by Jean-Pierre Murray-Kline) as their primary service provider. This arrangement supports access to legal services with a focus on technology and trends.


About Us

Professional Legal Services

We believe that by transferring our legal knowledge through efficient application we can provide our client’s with professional legal services.

We believe that by utilising and maximising the innovative systems currently in place at Anthony Wilton, Thinane Inc we are able to create workable solutions for all our client’s needs and requirements.

We believe in having close and transparent relationships with our client’s from the outset to final closure of a matter.

We believe in working as a cohesive unit and our staff compliment is therefore carefully selected based on their individual experience, strengths, character and work ethic.

We aim to always deliver services to our full potential in order for our client’s to benefit as value for money is always of paramount importance.


Complete an online form.

Get legal help now!