Section 2: Interpretation

2. Interpretation In this Act— “defendant”— (a) means a person who is under arrest and is charged before a Court with having committed an offence; and (b) includes a person— (i) who has been committed to stand trial; B1 – 1 [Issue 4] Bail Act (ii) who, following a conviction, has given notice of appeal or applied for judicial review; or (iii) in the course of whose trial a question of law has been reserved for the opinion of the Court of Criminal Appeal; “detainee” means a person who is under arrest upon reasonable suspicion of having committed an offence; “recognisance”— (a) means a recognisance entered into in accordance with section 5 (1) (a); (b) includes a recognisance entered into by a surety; “release on bail” means the release from custody of a person who is under arrest on condition that he enters into a recognisance; “serious offence” means— (a) an offence punishable by penal servitude; (b) an offence under any of the provisions of the Dangerous Drugs Act other than section 34; “surety” means a person referred to in section 5 (1) (b). [S. 2 amended by s. 3 of Act 21 of 2004; s. 3 of Act 34 of 2011 w.e.f. 1 January 2012.] PART II – BAIL