Bail Applications

Bail applications for arrests due to speeding, driving under the influence and other cases falls under the subset of Criminal Defence law. If you or someone you know has been arrested, call our 24/7 help line for immediate help.

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What happens if I am arrested?

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If arrested, remain calm. Do not resist arrest, act aggressively, or attempt to escape from custody. If you are being assaulted by the police, try to memorise the face of the officer. Try to memorise everything you can.

Cooperate with the police as far as possible BUT DO NOT MAKE ANY STATEMENTS. You have the right to remain silent and have an attorney present when you do make a statement.

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What are my rights when being arrested?

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• You have the right to remain silent, to be informed promptly of such right and the consequences of not remaining silent. As a suspect or accused person you have the constitutional right to be informed promptly that you are under no obligation to say anything or to answer any questions or to make any statements. Furthermore, you must be told that your silence will not later be held against you at your trial at court, however if you elect to say something it may be used in evidence against you in court. Apart from being obliged to furnish your name and address, you need not assist the state in proving a case against you, because you are presumed innocent until the court finds you guilty. Remember that the police are not the court, and they do not decide whether you are guilty or not. Note that anything you say may be used against you in court. There is no such thing as an "off the record" discussion with the police.

• You have the right to be informed of the charges on which you are being arrested.

• You may not be compelled to make any confession or admission that could be used in evidence against you.

• You have the right to be brought before a court as soon as reasonably possible, but not later than 48 hours after the arrest. If the period of 48 hours expires outside ordinary court hours or on a day which is not an ordinary court day, you must be brought before a court not later than the end of the first following court day. Effectively, this means that you could be arrested on Thursday night and only appear in court on Monday morning. This is one of the reasons why it is essential to secure bail.

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• Once arrested you are required to tell the police your home address. A police officer may not request any further information from you including in respect of your activities or organizations you are involved with.

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What are my rights upon detention?

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• After an arrest you will usually be detained at a police station, and you may be searched, but not without your consent. A person of the same sex should conduct the search.  The police have the right to take your fingerprints and take photographs.

• You have the right to be informed promptly of the reason for being detained.

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• The police must inform you of these rights in a language you can understand.

• You have the right to choose and consult with an attorney of your choice and to be promptly informed of this right. If at this stage you or a family member have not already called us, do so immediately.

• You have the right to be detained in conditions that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment.

• You have the right to communicate with, and be visited by, your spouse or partner, next of kin, chosen religious counselor, and chosen medical practitioner.

• Most importantly - you have the right to be presumed innocent until proven guilty!

BAIL: What is it and can I get bail?

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For minor offences ’police bail’ can be granted or the police may release you on a warning. In the case of police bail, the investigating officer will propose an amount for bail and an agreement should then be reached on the amount of bail. After payment of this amount, you may be released from custody. There should always be an officer on duty of sufficient rank to make the decision to grant or refuse police bail.

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If police bail cannot be granted, you may have to make application to the court for bail. We will advise you of your rights and assist you if arrested. Call our urgent help line for assistance here.

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