criminal prosecution in the Magistrate Court by way of private plaint- duties of the Magistrates-considerations applicabe for the issuance of summons- ***To permit a case without merit to be taken through the criminal justice system has an impact on the private and work life of an accused as well as cause an unnecessary burden on an already burdened criminal justice***

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CIVIL PROCEDURE AMENDMENT NO 43 OF 2024

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What law governs the granting or remanding of an accused or suspect person? The law that governs the granting or remanding of an accused or suspect person is the Bail Act No. 30 of 1997. This Act provides for the release on bail of persons suspected or accused of being concerned in committing or having committed an offense. It also provides for the granting of anticipatory bail and other related matters. The Bail Act establishes that the grant of bail should be the guiding principle, subject to exceptions as provided for in the Act, and refusal to grant bail should be the exception. It prevails over the provisions of the Code of Criminal Procedure Act and other written laws, except for the Release of Remand Prisoners Act, No. 8 of 1991.

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