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Section history

Section 97 — Powers of General Division of High Court regarding bail

As in force on 30 May 2025.

Timeline 5 versions
  1. 2 January 2011 Enacted
  2. 7 March 2014 Act 5 of 2014
  3. 31 October 2018 Act 19 of 2018, S 724 of 2018
  4. 2 January 2021 Act 40 of 2019
  5. 30 May 2025 You are here
  6. 17 August 2026 Latest
97.Powers of General Division of High Court regarding bail

(1)Subject to section 95(1) and subsection (2), at any stage of any proceeding under this Code, the General Division of the High Court may —

(a)release any accused before the General Division of the High Court on bail, on personal bond, or on bail and on personal bond;

(b)vary the amount or conditions of the bail or personal bond required by a police officer or a State Court, or impose such other conditions for the bail or personal bond as the General Division of the High Court thinks fit;

(c)where a State Court orders the release of a person on bail, on personal bond, or on bail and on personal bond, stay execution on the order pending a review of the order by the General Division of the High Court; or

(d)direct that any person who has been released on bail, on personal bond, or on bail and on personal bond, under this Division be arrested, and commit that person to custody.

(2)Where —

(a)a State Court orders the release on bail, on personal bond, or on bail and on personal bond, of a person accused of a non‑bailable offence; and

(b)the prosecution applies to the General Division of the High Court to stay execution on the order pending a review of the order by the General Division of the High Court,

the General Division of the High Court must stay execution on the order pending a review of the order.