Bail Applications

Closeup of gavel judgement concept

At Mogotsi Attorneys we understand the need for legal representation during a bail application and it is for this reason amongst others that we have a criminal law department which takes great pride in representing criminal offenders in a variety of complex cases and bail applications.

When a person has committed a criminal offence it is imperative to consult with an Attorney. Pending the trial and/or finalization thereof of the criminal offence to which a person has been charged with, the Constitution of South Africa affords criminal offenders a right to apply for bail.

Depending on the charge that led to a person’s arrest, the constitutional right of a person to be released on bail can either be a run of the mill or frustrating task for both the legal representative and the accused, depending on the nature of the crime which the accused is charged with.


Bail serves mainly three purposes: First, the liberty interest of the accused, second the public interest (by reducing the high number of awaiting trial prisoners clogging our already overcrowded correctional system) and lastly by reducing the number of families deprived of a breadwinner.

The underlying factor here is that as much a person have a right to be released from detention pending the trial of the matter but there are also emerging factors which must be taken into consideration, these factors are as follows:

·         The Interest of justice;

·         Whether the accused person is a flight risk;

·         The probability of the accused making it to court appearances; and

·         The likelihood of community outrage should the accused be released on bail.

It is therefore of paramount importance to have a legal representative to convince the Presiding Officer on behalf of the accused person of the reasons they should be released on bail.