Is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.
There are three types of bail.
1. Pre-trial Bail – given to an accused person before trial,
2. Bail Pending Appeal – given to a person who was already sentenced and is waiting for the hearing of an appeal.
3. Anticipatory bail – given to a person pending their arrest, provided the applicant demonstrates that their right to liberty is likely to be compromised or breached unlawfully by an organ of the state that is supposed to protect this right.
Is when the court asks the accused to deposit security or surety for release rather than pay cash. SECURITY can be in many forms; land title deeds, salary pay slips, car logbook or share certificates.
Bond can also be classified further into a personal bond that is self-defining, or a bond with surety.
Surety is a person who binds themselves to ensure that an accused will attend court and comply with court conditions.
Both bail and bond are issued to ensure that a suspect attends court when required.
All offences are bailable under the new constitution.