BAIL ACT 1982 - SECT 33

BAIL ACT 1982 - SECT 33

33 .         Judicial officer may order accused to enter into bail undertaking

        (1)         Where bail is granted to an accused by a judicial officer, whether with or without any condition being attached thereto, and the accused fails or refuses to enter into a bail undertaking in terms of the grant, the judicial officer who granted bail may, subject to subsection (3), order that the accused enter into the bail undertaking within such time as he may specify.

        (2)         If an accused does not comply with an order under subsection (1), the judicial officer may, subject to subsection (3), further order that a bail undertaking, in such form as the judicial officer may approve, shall be deemed to have been entered into by the accused on the date of such further order, and thereupon that undertaking shall be treated as if it had been duly entered into by the accused for the purposes of this Act.

        (3)         A judicial officer shall not —

            (a)         make an order under subsection (2) unless he has personally informed the accused of the terms and effect of the order made under subsection (1);

            (b)         exercise any of the powers conferred on him by this section unless he is satisfied that the accused has the capacity to enter into and comply with the undertaking.

        [Section 33 amended: No. 84 of 2004 s. 82.]