SCHEDULE 6 BAIL APPLICATION EXCEPTIONAL CIRCUMSTANCES IN SOUTH AFRICA

What is A Schedule 6 Criminal Offense?

In South African criminal law, Schedule 6 offences include more severe transgressions, like:

Human trafficking for sexual purposes.

Any offence referred to in Schedule 5 where the accused has previously been convicted of or allegedly committed while on bail on a Schedule 5 offence.

Murder where: The murder was premeditated or planned;

• The deceased was a law enforcement officer acting in the course of his duty; or
• The death of the deceased was caused by the accused while the accused committed or attempted to commit the following offences:
• Rape;
• Robbery with aggravating circumstances;
• Housebreaking with aggravating circumstances;
• Kidnapping;
• Public violence;
• An offence where intimidation is an element;
• Any offence where a firearm is used;

Rape, when committed:

• In circumstances where the victim was raped more than once or by more than one perpetrator;
• By more than one person;
• Where the accused have committed more than two rape offences;
• By a person who knows that he has HIV;
• Where the victim is a person under the age of 16;
• Where the victim is a physically or mentally disabled person; and
• Where grievous bodily harm is inflicted.

Robbery, involving:

• The use of a firearm;
• The infliction of grievous bodily harm; or
• The taking of a motor vehicle.

When Are Schedule 6 Bail Applications Granted In Exceptional Circumstances?

The courts are of the view that all relevant considerations must be taken into account in deciding whether the accused has proven something unusual or extraordinary that will be sufficient to consider granting him bail. Ultimately, the court will grant the accused bail when it is determined that the proven circumstances were sufficiently out of the ordinary that, in accordance with the interest of justice, bail should be granted.

The cumulative effect of the following factors is taken into account when determining exceptional circumstances in bail applications:

• the accused’s specific personal circumstances;
• other relevant factors of the accused, like age, family ties, employment, confirmed address, no risk of fleeing, strength or weakness of the state’s case, and no possibility of witness tampering; and
• factors that prove to the Court that the accused’s release will be in the interest of justice have been considered exceptional circumstances.

Ultimately and most importantly, our Constitution states: “Everyone has the right to freedom and security of the person, which includes the right not to be deprived of freedom arbitrarily or without just cause.”

INSIST ON DEALING WITH EXPERT SCHEDULE 6 BAIL APPLICATION LAWYERS

The South African courts are of the view that mere personal circumstances that are general and commonplace do not constitute exceptional circumstances.  It is important to note that there are no numero clausus of exceptional circumstances and that each application is dealt with on its own merits. Each case has its own peculiar circumstances, varying from ordinary to unique. These varying circumstances of each specific case must persuade the court that it would ultimately be in the interest of justice to release the accused on bail. Rely on Burger Huyser Attorneys years of experience in dealing with exceptional circumstances of Schedule 6 criminal offenses in claiming bail applications.

AFTER HOURS BAIL APPLICATIONS 064 511 9351 | 061 515 4699