Section 23: Liability to arrest for breaking conditions of bail
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
23. Liability to arrest for breaking conditions of bail
(1) Where a person who has been released on bail and is under a duty to
surrender into the custody of a Court fails to surrender to custody at the
time appointed for him to do so, the Court may issue a warrant for his arrest.
(2) Where a person who has been released on bail absents himself from
the Court without leave at any time after he has surrendered into the custody
of the Court, and before the Court is ready to begin or resume the hearing of
the proceedings, the Court may issue a warrant for his arrest.
(3) A person who has been released on bail and is under a duty to surrender into the custody of a Court may be arrested without warrant by a police
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Bail Act
officer in a case where the person was released on bail with one or more
surety or sureties, where a surety notifies the Police in writing that the person
is unlikely to surrender to custody and that, for that reason, the surety wishes
to be relieved of his obligations as a surety.
(4) A person arrested pursuant to subsection (3) shall be brought as soon
as reasonably practicable before the Court which released him on bail.
(5) Where a person is arrested pursuant to this section, the Court shall
determine whether to release him on bail subject to the same or different
conditions or to remand him in custody.
[S. 23 inserted by s. 11 of Act 34 of 2011 w.e.f. 1 January 2012.]
24. —
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Questions this section answers
- Can I be arrested without a warrant if my surety tells police I'm unlikely to surrender to custody?
- What happens to my bail if I'm arrested for failing to surrender or absenting myself from court?