CRIMINAL PROCEDURE AND EVIDENCE ACT
(11) The provisions of section three hundred and eighty-two shall apply, mutatis mutandis,
to the service of a notice referred to in subsection (10).
(12) In granting bail in terms of subsection (1) the judge or magistrate may take bail also for
the cost and charge of serving the notice referred to in subsection (10), which cost and charge
shall be the same as that of serving a summons in a civil case in a magistrates court against the
same person at the same place.
(13) When a person has been admitted to bail in terms of subsection (1), a judge, in the case
where the conviction or sentence took place in the High Court, or a magistrate in any other
case, may, upon the application of the Prosecutor-General or local public prosecutor, as the
case may be, and upon information being made in writing and upon oath that default has been
made in any condition of the recognizance taken from such person—
(a) issue a warrant for the arrest of such person; and
(b) issue an order calling upon him and his sureties, if any, to appear on a day and at a
place specified in the order to show cause why the recognizance should not be declared
forfeited; and
(c) if cause to the satisfaction of the judge or magistrate, as the case may be, is not shown
against any such declaration, declare the recognizance to be forfeited, and such declaration of forfeiture shall have the effect of a judgment on the recognizance for the
amounts therein named against such person and his sureties, respectively.
[Subsection amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015]
124
[Section repealed by s. 3 of Act No. 8 of 1997.]
125 Insufficiency of sureties
If, through mistake, fraud or otherwise, insufficient sureties have been accepted or if they
afterwards become insufficient, the judge or magistrate granting the bail may issue a warrant of
arrest directing that the accused be brought before him, and may order him to find sufficient
sureties, and on his failing so to do may commit him to prison.
126 Alteration of recognizances or committal of person on bail to prison
(1) Any judge or magistrate who has granted bail to a person in terms of this Part may, if he
is of the opinion that it is necessary or advisable in the interests of justice that the conditions of
a recognizance entered into by that person should be altered or added to or that that person
should be committed to prison, order that the said conditions be altered or added to or commit
the person to prison, as the case may be:
Provided that—
(i) if the judge or magistrate who granted bail is not available, any other judge or magistrate, as the case may be, may act in terms of this subsection;
(ii) a judge or magistrate shall not act in terms of this subsection unless facts which were
not before the judge or magistrate who granted bail are brought to his attention.
(2) In order to secure the presence before him of a person for the purpose of acting in terms
of subsection (1), a judge or magistrate may issue a warrant for the arrest of the person and
thereafter subsection (1) shall apply.
(3) The provisions of section thirty-five shall apply, mutatis mutandis, in respect of a warrant issued in terms of subsection (2).
127 Person on bail may be arrested without warrant if about to abscond or
interfere with witness
(1) If a peace officer believes on reasonable grounds that a person to whom bail has been
granted in terms of this Part is about to abscond for the purpose of evading justice or to interfere with the evidence against him, he may arrest the person without warrant and shall as soon
as possible, and in any event within forty-eight hours of the arrest, take him before a magistrate
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