PART IX BAIL 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 116 Power to admit to bail. Application for bail. Conditions of recognizance. Recognizance to be forfeited on failure of accused to appear at trial. Excessive bail not to be required. Appeals against decisions regarding bail. [Repealed] Power to admit to bail pending appeal or review. [[Repealed] Insufficiency of sureties. Alteration of recognizances or committal of person on bail to prison. Person on bail may be arrested without warrant if about to abscond or interfere with witness. Release of sureties and death of surety. Rendering in court. Sureties not discharged until sentence or discharge of accused. Deposit instead of recognizance. Admission to bail by police. Provision in case of default in conditions of recognizance. Remission of bail. Release of juvenile offenders without bail. Power to admit to bail (1) Subject to this section and sections thirty-two and thirty-four, a person may be admitted to bail or have his conditions of bail altered— [Introductory words amended by s. 5 of Act 14/2004 – insertion of references to ss. 32 and 24.] (a) in respect of any offence, by a judge at any time after he has appeared in court on a charge and before sentence is imposed; (b) in respect of any offence, except an offence specified in the Third Schedule, by a magistrate within whose area of jurisdiction the accused is in custody at any time after he has appeared in court on a charge and before sentence is imposed: Provided that, with the consent of the Attorney-General, a magistrate may admit a person to bail or alter a person’s conditions of bail in respect of any offence; (c) if he is a person whose case is adjourned in terms of subsection (1) of section 55 of the Magistrates Court Act [Chapter 7:10] or in respect of whom an order has been made in terms of subsection (4) of section three hundred and fifty-one, by a judge or by any magistrate within whose area of jurisdiction he is in custody: Provided that— (i) the Attorney-General, in the case of any application to a judge in terms of this subsection, or the local public prosecutor, in the case of any application to a magistrate in terms of this subsection, shall be given reasonable notice of any such application; (ii) where an application in terms of this subsection is determined by a judge or magistrate, a further application in terms of this subsection may only be made, whether to the judge or magistrate who has determined the previous application or to any other judge or magistrate, if such application is based on facts which were not placed before the judge or magistrate who determined the previous application and which have arisen or been discovered after that determination; (iii) a magistrate shall not, without the consent of the Attorney-General, admit a person to bail or alter a person’s conditions of bail in respect of an offence specified in the Third Schedule.