CRIMINAL PROCEDURE AND EVIDENCE ACT (b) after he or she has been convicted of the offence, he or she shall bear the burden of showing, on a balance of probabilities, that it is in the interests of justice for him or her to be released on bail. [Section inserted by s. 28 of Act No. 2 of 2016] 116 Power to admit to bail Subject to this section and sections 32 and 34, a person may, upon an application made in terms of section 117A, be admitted to bail or have his or her conditions of bail altered— (a) in respect of any offence, by a judge at any time after he or she 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 or she has appeared in court on a charge and before sentence is imposed: Provided that, with the consent of the Prosecutor-General, a magistrate may admit a person to bail or alter a person’s conditions of bail in respect of any offence; [Proviso amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (c) if he or she is a person whose case is adjourned in terms of section 55(1) of the Magistrates Court Act [Chapter 7:10] or in respect of whom an order has been made in terms of section 351(4), by a judge or by any magistrate within whose area of jurisdiction he or she is in custody: Provided that— (i) the Prosecutor-General, in the case of any application to a judge in terms of section 117A, or the local public prosecutor, in the case of any application to a magistrate in terms of section 117A, shall be given reasonable notice of any such application; [Proviso amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] (ii) where an application in terms of this section 117A is determined by a judge or magistrate, a further application in terms of section 117A 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 personal consent of the Prosecutor-General, admit a person to bail or alter a person’s conditions of bail in respect of an offence specified in the Third Schedule. [Proviso amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] [Section substituted by s. 9 of Act No. 9 of 2006] 117 Entitlement to bail (1) Subject to this section and section 32, a person who is in custody in respect of an offence shall be entitled to be released on bail at any time after he or she has appeared in court on a charge and before sentence is imposed, unless the court finds that it is in the interests of justice that he or she should be detained in custody. (2) The refusal to grant bail and the detention of an accused in custody shall be in the interests of justice where one or more of the following grounds are established— (a) where there is a likelihood that the accused, if he or she were released on bail, will— (i) endanger the safety of the public or any particular person or will commit an offence referred to in the First Schedule; or (ii) not stand his or her trial or appear to receive sentence; or (iii) attempt to influence or intimidate witnesses or to conceal or destroy evidence; or (iv) undermine or jeopardise the objectives or proper functioning of the criminal justice system, including the bail system; or (b) where in exceptional circumstances there is the likelihood that the release of the accused will disturb the public order or undermine public peace or security. 56