Schedule 5 Bail Application Saflii

Schedule 5 Bail Application Saflii WEB Sep 10 2020 nbsp 0183 32 The legal system or jurisprudence of the Republic on a schedule 5 bail application is that it is the court and not the SAPS or the NPA that shall order the detention of an accused unless the accused presented evidence that satisfies the court that the interests of justice permitted his or her release

WEB Oct 17 2017 nbsp 0183 32 There is further no indication that the bail application would have been conducted otherwise when one considers the misplaced ruling of the magistrate that the charge of attempted murder constituted a schedule 5 offence when opposition to the schedule was withdrawn WEB 2 On 12 January 2017 at the start of the bail application in the court a quo both the public prosecutor and the appellants attorney submitted that the offences faced by the appellants were referred to in Schedule 5 of the Criminal Procedure Act the Act

Schedule 5 Bail Application Saflii

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WEB 1 f It is clear that an accused on Schedule 5 offence will be granted bail if he or she can show merely that the interests of justice permit such grant The additional requirement of exceptional circumstances imposed by 60 11 s a is absent A bail application under s 60 11 a is more gravely invasive of the WEB court was dealing with a Schedule 5 bail application Schedule 5 is referred to In section 60 11 b of the Criminal Procedure Act CPA and reads as follows

WEB Feb 21 2020 nbsp 0183 32 The court hearing the bail application is concerned with the question of possible guilt only to the extent that it may bear on where the interests of justice lie in regard to the bail the focus at the bail stage is to decide whether the interests of justice permit the release of the accused pending trial and that entails in main protecting WEB Oct 27 2023 nbsp 0183 32 Their application should have been dealt with under Schedule 5 The defence pleaded with this court to consider the applicable cases that when deciding the bail appeal The defence referred the court to a case Svs Dewani cc 15 05 2015 S vs Panayioton cc 26 206 EC and S vs Pistorius

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WEB Jun 21 2018 nbsp 0183 32 Schedule 5 offences 24 In respect of Schedule 5 offences the onus is on the second and third appellants to satisfy the court that the interests of justice permit their release on bail WEB Jul 1 2023 nbsp 0183 32 It was submitted by the defence that the matter should be dealt with as a matter falling under schedule 5 They argued that the appellant was not physically involved in the robbery

WEB Feb 23 2021 nbsp 0183 32 Bail Applications in Court If a person is charged with a schedule 5 or schedule 6 offence they will need to make a formal bail application before court in terms of Section 60 of the Criminal Procedure Act This bail application can be made by way of an affidavit or alternatively by calling witnesses or the accused to the stand WEB The onus of proof in bail applications other than Schedule 5 and 6 offences is borne by the State Where Schedule 5 or 6 is applicable the onus is on the applicant There are different requirements between schedule 5 and 6 that must be met by the applicant before release on bail is granted

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Schedule 5 Bail Application Saflii - {WEB We are grateful to all the legal practitioners and court officials who help us source judgments every day The Southern African Legal Information Institute publishes legal information for free public access which comprises mainly of case law from South Africa |WEB Dec 22 2010 nbsp 0183 32 5 As indicated earlier this appeal relates to a third bail application on new facts brought by the appellant He was first refused bail He subsequently brought two bail applications on new grounds to no avail | WEB Apr 4 2020 nbsp 0183 32 Schedule 5 offences Includes Sections 58 and 60 11 and 11A and Schedule 6 Schedule 5 bail application in South Africa covers a broad spectrum of cases Schedule 5 bail application case laws encompass those that govern against rape cases and bodily harm offenses | WEB 1 f It is clear that an accused on Schedule 5 offence will be granted bail if he or she can show merely that the interests of justice permit such grant The additional requirement of exceptional circumstances imposed by 60 11 s a is absent A bail application under s 60 11 a is more gravely invasive of the| WEB court was dealing with a Schedule 5 bail application Schedule 5 is referred to In section 60 11 b of the Criminal Procedure Act CPA and reads as follows | WEB Feb 21 2020 nbsp 0183 32 The court hearing the bail application is concerned with the question of possible guilt only to the extent that it may bear on where the interests of justice lie in regard to the bail the focus at the bail stage is to decide whether the interests of justice permit the release of the accused pending trial and that entails in main protecting | WEB Oct 27 2023 nbsp 0183 32 Their application should have been dealt with under Schedule 5 The defence pleaded with this court to consider the applicable cases that when deciding the bail appeal The defence referred the court to a case Svs Dewani cc 15 05 2015 S vs Panayioton cc 26 206 EC and S vs Pistorius }