| (1) |
Any court before which a charge is pending in respect of which bail has been granted may, whether the accused has been released or not, upon information on oath that— |
| (a) |
the accused is about to evade justice or is about to abscond in order to evade justice; |
| (b) |
the accused has interfered or threatened or attempted to interfere with witnesses; |
| (c) |
the accused has defeated or attempted to defeat the ends of justice; |
| (d) |
the accused poses a threat to the safety of the public or of a particular person; |
| (e) |
the accused has not disclosed or has not correctly disclosed all his or her previous convictions in the bail proceedings or where his or her true list of previous convictions has come to light after his or her release on bail; |
| (f) |
further evidence has since become available or factors have arisen, including the fact that the accused has furnished false information in the bail proceedings, which might have affected the decision to grant bail; or |
| (g) |
it is in the interests of justice to do so, |
issue a warrant for the arrest of the accused and make such order as it may deem proper, including an order that the bail be canceled and that the accused be committed to prison until the conclusion of the relevant criminal proceedings.
| (2) |
Any magistrate may, in circumstances in which it is not practicable to obtain a warrant of arrest under subsection (1), upon the application of any peace officer and upon a written statement on oath by such officer that— |
| (a) |
he or she has reason to believe that— |
| (i) |
an accused who has been released on bail is about to evade justice or is about to abscond in order to evade justice; |
| (ii) |
the accused has interfered or threatened or attempted to interfere with witnesses; |
| (iii) |
the accused has defeated or attempted to defeat the ends of justice; or |
| (iv) |
the accused poses a threat to the safety of the public or of a particular person; |
| (b) |
the accused has not disclosed or has not correctly disclosed all his or her previous convictions in the bail proceedings or where his or her true list of previous convictions has come to light after his or her release on bail; |
| (c) |
further evidence has since become available or factors have arisen, including the fact that the accused has furnished false information in the bail proceedings, which might have affected the decision to release the accused on bail; or |
| (d) |
it is in the interests of justice to do so, |
issue a warrant for the arrest of the accused, and may, if satisfied that the ends of justice may be defeated if the accused is not placed in custody, cancel the bail and commit the accused to prison, which committal shall remain of force until the conclusion of the relevant criminal proceedings unless the court before which the proceedings are pending sooner reinstates the bail.
[Section 68 substituted by section 6 of Act No. 85 of 1997]
Statistics Act, 1999
