oa De Rebus - Mixed emotions about new bail law



The coming into operation of the Criminal Procedure Second Amendment Act 85 of 1997 has been received with mixed emotions. It is viewed by the state, as represented by the prosecutors, as a mechanism to make their work relatively easy as regards questions of bail and by defence lawyers as a mechanism designed to render them ineffective in the eyes of their clients when bail is refused on the grounds, inter alia, that there are no exceptional circumstances which, in the interest of justice, permit the accused person's release. I intend to deal with a few provisions of this Act.


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