With the police now able to arrest anyone with outstanding traffic fines, the number of people in South Africa who can be arrested and be granted bail for relatively minor traffic offences is increasing. The states of our jails are scary to say the least so the thought of spending any time behind bars is terrifying for anyone. Bail is a legal right, but the problem is that many people are unaware of this right or how to access it.
We have an innovative service for our members providing assistance in posting bail following arrest for a minor crime. This service assists in exercising the member's legal right, however, the transgressor still faces the full extent of the law for whatever it is alleged that he/she has done. Our solution is simple and very effective:
- Relief – Members have peace of mind that we are available 24/7 to post
- Recoveries – Members don't have to worry about having funds available or being able to access them as we'll post bail of up to R3, 000 on their behalf.
- Representation – our expert team provide full legal and administrative support
What do we offer?
The Bail Protect membership provides assistance in posting bail following arrest for a minor crime. This service assists in exercising the member's legal right to bail. In addition, Bail Protect undertakes to do all administrative management of the bail from start to finish.
You will be covered in typical cases like:
- Road traffic offences such as neglecting to pay speeding fines
- Failure to appear in court to defend such traffic offences (contempt of court)
- Driving while under the influence of alcohol
- Common assault
- Shoplifting or theft where the amount is less than R 2 500
- Fraud where the value involved does not exceed R 2 500
- Illicit possession of dagga where the amount does not exceed 115 grams
- Drinking in public
- Public disturbance
For the duration of the claim, members receive:
- 24/7 and 365 day a year call centre support if a member is arrested and requires bail
- Legal advice and representation on member's rights and posting bail;
- Assistance by contacting the police officer on duty to verify the arrest and bail details
- Contact with the member's family to advise them of bail assistance
- Assistance on the member's behalf where we ensure that we report to the relevant police station to post bail on the member's behalf
- After bail follow up and assistance
Who is entitled to claim?
Any Bail Protect member, provided the membership fees are paid and up to date
How do you Claim
- We will ensure that our agent reports to the relevant police station within 4 hours of receiving bail assistance request
- We will obtain the original Bail receipt from the police official
- We will contact the member the day after their 1st court appearance to determine outcome
- We will continue to follow up with the member until the matter is finalized in court
Terms & Conditions
- The maximum amount of bail per incident is R3 000. No assistance is available for bail in excess of this amount.
- If bail is granted, the member will be asked to accept the terms and conditions (delivery of the receipt and bail and legal costs will be owed to the service provider if the policyholder does not appear at court at the allotted time and date).
- The bail will only be paid directly to the courts or government body via cash to the police departments or via attorney trust accounts to the relevant courts.
- The receipt for the bail payment must be given to the service administrator or its appointed agents or posted by registered mail within 24 hours of payment of bail, failing which a penalty of R500 will apply.
- If the member does not appear at court on the appointed date, or if the member appears but the service providers cannot recover the bail loan for whatever reason, the member will be liable to pay the service provider the amount of the bail plus any legal costs incurred.
Limits of Services
No bail assistance will be provided where:
the amount of bail exceeds R 3,000
the crime of which the Scheme Member is accused is classified as one of:
- Assault with Grievous Bodily Harm
- Murder or Attempted murder
- Child abuse
- Child pornography
- Dealing in drugs
- Armed robbery or robbery with aggravating circumstances
- Treason, sabotage or subversion
- the crime of which the Scheme Member is accused is classified as one contemplated in Part II or Part III of Schedule 2 of the Criminal Procedure Act, 51 of 1977;
- the Issuing Authority is outside the Republic of South Africa;
- the Issuing Authority is anyone other than an authorized police official as contemplated in Section 59 of the Criminal Procedure Act, 51 of 1977
- the fees due have not been paid and accepted by the Administrator
- A claim has previously been paid under this Agreement where the Scheme Member did not supply the Administrator with the receipt for the bail within 24 hours of the payment being lodged with the Issuing Authority and/or where the Scheme Member did not appear in court as per the bail conditions.