To amend the Criminal Procedure Act, 1977, so as to further regulate the detention of arrested persons; to make provision for accused persons to be entitled to be released on bail in certain circumstances to give a court a discretion to postpone bail proceedings in certain circumstances; to empower a court to, in respect of certain serious offences, order the accused to satisfy the court that the interests of justice do not require his or her detention in custody; to empower the attorney-general to appeal against the decision of a court to release an accused on bail and the imposition of bail conditions; to set out the factors which should be taken into account in considering bail; to further regulate bail proceedings; to revoke the power of an attorney-general to prevent the granting of bail in certain cases; to render the non-appearance of persons who are on bail in certain cases and the non-compliance of bail conditions punishable; to further regulate the cancellation of bail; to empower a superior court to consider the granting of bail after the refusal of such an application in a magistrate's court where an accused is standing trial in the superior court; and to make the bail-related provisions in the Criminal Procedure Act, 1977, as amended, applicable in the whole of the national territory; and to provide for matters connected therewith.
substitutes subsection (3); and paragraph (b) adds subsections (6) and (7).
2 Amends section 59 (1) of the Criminal Procedure Act 51 of 1977 by substituting paragraph (a).
3 Substitutes section 60 of the Criminal Procedure Act 51 of 1977.
4 Repeals section 61 of the Criminal Procedure Act 51 of 1977.
5 Amends section 63 of the Criminal Procedure Act 51 of 1977 by substituting subsection (1).
6 Substitutes section 64 of the Criminal Procedure Act 51 of 1977.
7 Inserts section 65A in the Criminal Procedure Act 51 of 1977.
8 Amends section 66 of the Criminal Procedure Act 51 of 1977 by substituting subsection (1).
9 Inserts section 67A in the Criminal Procedure Act 51 of 1977.
51 of 1977.
and paragraph (c) substitutes subsection (6).
13 Amends section 309 of the Criminal Procedure Act 51 of 1977 by adding subsection (5).
CRIMINAL PROCEDURE SECOND AMENDMENT ACT 75 OF 1995 Page 2 of 2 14 Adds Schedule 5 to the Criminal Procedure Act 51 of 1977.
Any provision contained in any other law that is in respect of bail inconsistent with the provisions of sections 37, 50, 58 up to and including 71, 72, 141, 144, 170, 304, 307, 308, 308A and 321 of the Criminal Procedure Act, 1977 (Act 51 of 1977), as amended by this Act, shall be deemed to be amended to the extent of the inconsistency thereof.
Notwithstanding the provisions of subsection (1), bail proceedings which have commenced before the date of commencement of this Act in any superior court, regional court or magistrate's court shall, if such proceedings have at that date not been concluded, be continued and concluded as if subsection (1) has not come into operation.
This Act shall be called the Criminal Procedure Second Amendment Act, 1995.