Web96 (1) In any court- a. An accused person who is in custody in respect of an offence shall, subject to the provisions of section 95 and the Fourth and Fifth Schedules, be entitled to … http://www.saflii.org/za/cases/ZACC/1995/5.html
California Legislative Information
WebAll three provisions are absent. Sub-section (2) lacks, in the first place, a clear empowerment of the provincial or local division to order such extra referrals, an … Webstrength of new facts, the court's approach is to consider whether there are, in the first instance, new facts and, if there are, reconsider the bail application on such new facts, … bony ear
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WebDec 2, 2024 · S v Vermaas. 1996 (1) SACR 528 (T) p 531. S v Petersen. 2008 (2) SACR 355 (C) para 57. [62]The CPA does not specifically deal with bail applications based on new facts. Section 65(2) however does so indirectly. It precludes an appeal in respect of new facts ... The accused filed an urgent appeal to the High Court which was granted by the … WebJul 22, 2024 · The new facts are: that one year and six months has unreasonably lapsed from the date of refusal of the initial bail application without trial; that the state has no strong case against him and he is likely to be acquitted and it is not in the interests of justice to continue to keep him in custody pending trial. WebIn support of this contention, counsel cited Attorney-General, Free State v Ramokhosi 1 where the Supreme Court of Appeal in South Africa (the SCA) had held that if the bail appeal in that matter succeeded, the respondent would, as a strong probability, be released on bail. godfather shades