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In this guide
By Onah Attorneys Inc • Updated July 2026 • Legal information, not a substitute for advice on your specific matter.
There is no fixed price list for bail in South Africa — the amount depends on the offence, the accused’s means, flight risk and the court’s assessment. But clear patterns exist, and understanding them helps families act fast in the first 48 hours after an arrest. This guide explains police bail, prosecutor bail and court bail, typical amounts, and what happens to the money.
Police bail vs court bail
For minor offences (common assault, petty theft, drunk driving in some stations), police bail under Section 59 of the Criminal Procedure Act can be granted at the police station before any court appearance — typically R500 to R3,000. Prosecutor-authorised bail under Section 59A extends this to more offences. For everything else, bail is decided by a magistrate at the first appearance, which must happen within 48 hours of arrest.
Typical bail amounts by offence
District court matters (theft, common assault, minor fraud) commonly attract bail of R1,000–R5,000. Regional court matters (robbery, serious fraud, GBH assault) range R5,000–R50,000. High-profile or Schedule 5 and 6 matters can run from R10,000 to R100,000 or more. The court must set an amount the accused can realistically pay — bail set beyond your means can be challenged.
Schedule 5 and 6: when bail gets hard
For Schedule 5 offences (armed robbery, large-scale fraud, rape in some circumstances) the accused must persuade the court that release serves the interests of justice. For Schedule 6 (premeditated murder, gang rape, robbery with grievous harm) the accused must prove exceptional circumstances. These are formal applications with evidence — preparation quality decides them, and legal representation is not optional in practice.
What happens to bail money
Bail is a deposit, not a fine. If the accused attends every court date until the case ends, the full amount is refunded — regardless of verdict. Skipping court forfeits the money and triggers a warrant. Bail can be paid at court or the prison, and receipts must be kept safe by the depositor, who is the person legally entitled to the refund.
Reducing or challenging bail conditions
Where bail is set too high or conditions are crippling (daily reporting, travel bans), a formal application to vary conditions can be brought on new facts. Where bail is refused, an appeal to the High Court under Section 65 is available — and regularly succeeds when the magistrate got the balance wrong.
Frequently asked questions
Can bail be paid at night or on weekends?
Police bail, yes — at the station, any hour. Court bail is paid at the court’s cash hall during hours, or at the correctional facility after hours once the order exists.
Is bail refunded if the accused is found guilty?
Yes — bail is refunded at the end of the case if the accused attended all appearances, whatever the verdict. It is security for attendance, not punishment.
Who keeps the bail receipt?
The person who paid (the depositor) — the refund is paid to the receipt holder. Losing the receipt complicates the refund significantly.
Can an attorney get bail lowered?
Yes — by presenting verified financial circumstances at the application, or by later variation application. Courts must set affordable bail; unaffordable bail is appealable.
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