Accused’s rights following grant of bail
11 Accused’s rights following grant of bail
When —
bail has been granted to an accused for an appearance in court; and
all conditions which are to be complied with before the release of the accused have been complied with; and
he has entered into a bail undertaking for that appearance or his bail undertaking is deemed to be amended under section 31(3),
the accused has a right to be at liberty until he is required to appear, or to next appear, before a court, but subject to —
any requirement that he be in custody for some other reason; and
the exercise of the powers in sections 14(3), 17A, 46, 50F, 50Q, 54 and 55; and
the limitation mentioned in section 12.
Where the accused is in custody in a lock‑up, court custody centre or prison, the right conferred by subsection (1) is also subject to the person in charge of the lock‑up, court custody centre or prison either —
signing a certificate under subsection (3); or
receiving notice that a certificate has been signed by another person under that subsection.
After an accused becomes entitled to be at liberty as provided in subsection (1), a person referred to in section 29 may sign a certificate to that effect in the prescribed form.
The person in charge of a lock‑up, court custody centre or prison in which the accused is in custody shall release the accused from custody as soon as is practicable after —
the person in charge signs the certificate; or
if the certificate is signed by a person other than the person in charge, the person in charge receives notice as described in subsection (2)(b).
[Section 11 amended: No. 74 of 1984 s. 7; No. 15 of 1988 s. 7; No. 49 of 1988 s. 81; No. 45 of 1993 s. 7; No. 47 of 1999 s. 8; No. 59 of 2004 s. 141; No. 84 of 2004 s. 82; No. 6 of 2008 s. 11(1) and (2); No. 28 of 2024 s. 8.]
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