Criminal Law & Bail Applications — Pauw Attorneys (Port Elizabeth / Gqeberha)

Why Choose Pauw Attorneys for Criminal & Bail Matters

• Local, rapid response in Gqeberha. We act immediately at police stations and courts across Port Elizabeth and surrounds.
• Bail experts, day and night. We handle after-hours bail, urgent court appearances, and fast follow-up for conditions and reductions. Attorneys
• Clear, strong legal guidance. We explain your options in plain English and work to secure your freedom while you await trial—lawfully and responsibly.
• Focused defence strategy. From first interview to trial, we protect your rights, test the State’s case, and push for fair outcomes.

What To Do If Someone Is Arrested (Step-by-Step)

1. Stay calm and call us. Do not argue with police. Ask for a lawyer—then remain silent until advised.
2. Get the charge & station details. Name of station, CAS number, charge if known.
3. We engage the authorities. We confirm where the person is held, the charge, and whether police or prosecutor bail is possible before court. Justice
4. We assess bail options same day. If police/prosecutor bail is not available, we prepare a court bail application with supporting documents. Justice

Understanding Bail in South Africa (Simple, Accurate)

Bail is about release from custody while your case is pending—not about guilt or innocence. The CPA sets out three main routes:

• Police Bail (s 59) — for certain less serious offences, an officer of rank may grant bail at the station after arrest. Amount is set by police. Justice
• Prosecutor Bail (s 59A) — for more serious matters, the public prosecutor may set bail at the station or before first appearance. Justice
• Court Bail (s 60) — if not released earlier, we apply for bail in court. The court must consider if release is in the interests of justice (flight risk, interference with witnesses, safety of the public, etc.). Conditions may be set (reporting, address limits, no-contact orders). Justice

If bail is too high or unfair, we can ask the court to reduce or relax it (s 63). If bail is refused, there are routes to appeal or re-apply (s 65) where facts or circumstances allow. Justice

Schedule 5 vs Schedule 6 — What It Means for You

Some charges are listed as Schedule 5 or Schedule 6. This affects who must prove what during bail:

• Schedule 5 (serious offences: e.g., robbery with aggravation, certain drug and serious financial crimes):
  The accused must show that the interests of justice permit release on bail. Justice+1
• Schedule 6 (most serious offences: e.g., planned murder, certain rapes, armed robbery with aggravating factors):
  Bail is not granted unless the accused proves “exceptional circumstances” that, in the interests of justice, justify release. This is a high bar in s 60(11)(a). Justice+1

We prepare you properly: address fixed residence and employment, family ties, lack of flight risk, no interference, medical needs, and any exceptional factors that satisfy the court. Recent Eastern Cape bail matters show how closely courts interrogate these tests. Law Library+2SAFLII+2

What the Court Looks At (Interests of Justice)

Under s 60, the court weighs: risk of flight, risk of interference with witnesses or evidence, risk of committing further offences, public order/safety, and the strength of the State’s case—among other factors. Bail conditions (s 62) can manage risk (e.g., reporting, travel limits, no-contact). If bail is set too high, we apply to reduce (s 63). Justice

Our Bail Application Package (What We Do for You)

• Rapid fact-finding: arrest details, docket status, investigating officer contact.
• Personal circumstances bundle: proof of address/employment/family, medical or special needs, surety available.
• Legal submissions: tailored heads of argument on s 60 and, where relevant, s 60(11)(a) (exceptional circumstances), aligned to recent EC case law. Law Library+1
• Condition design: practical, lawful conditions to address risks (reporting, residence, work hours, no-contact). If granted but excessive, we pursue s 63 reduction. Justice
• Appeals/variations: if refused or circumstances change, we assess s 65 appeal/variation options swiftly, with a clear evidence plan. Justice

Beyond Bail: Full Criminal Defence

• Case review and docket strategy (disclosure requests, constitutional rights, admissibility).
• Witness work & experts (forensics, medical, financial).
• Plea negotiations or trial with a clear case theory.
• Protection of your rights at every stage.

Frequently Asked Questions (Plain Answers)

Can I get bail at the police station?
Sometimes, yes. Police (s 59) or prosecutor (s 59A) bail may be possible before court, depending on the charge. We engage immediately to secure that if available. Justice

What are “exceptional circumstances” for Schedule 6?
They are facts beyond the ordinary that, in the interests of justice, justify release (e.g., compelling medical needs, extreme delay, very weak case). The accused bears the onus to prove this under s 60(11)(a). Burger Huyser Attorneys

Bail was refused—what now?
You may appeal or re-apply if circumstances change or the court erred, under s 65. We’ll advise once we analyse the record and facts. Justice

Is bail a “free pass”?
No. Bail means temporary release with conditions. Breaking them risks revocation and fresh charges. Courts can also take bail status into account if further offences occur while on bail. derebus.org.za

Call Us Now (24/7 for Bail)

24/7 URGENT LINE: +27 83 554 8776
Email:   preesen@pauwattorneys.co.za

Address: 74 Kragga Kamma Rd, Sunridge Park, Port Elizabeth (Gqeberha)

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