shall, upon its mere production by any person, be prima facie evidence of such statement or evidence, as the case
may be, and, if the same was made or given as aforesaid through an interpreter or interpreters, of the correctness
of the interpretation.
(2) Notwithstanding subsection (1), the terms of—
(a) any statement produced in confirmation proceedings shall not be proved except by the production of the
statement as confirmed by the magistrate in terms of section 113(3) or, where the statement is not so
confirmed, by calling as a witness the person to whom the statement was made;
(b) any deposition which was the subject of verification proceedings shall not be proved except by the
production of the deposition as verified by the magistrate in terms of section 115B(6)(a) or, where the
deposition is not so verified, by calling as a witness the person who made the deposition, unless the
court, in its discretion (where the witness cannot be found after diligent search, or cannot be compelled
to attend the court), allows the deposition to be read as evidence at the trial, subject to the conditions
mentioned in section 255.
[The reference to “section 115B(6)(a)” in paragraph (b) is incorrect. It should read “section 115A(6)(a)”. – Law Reviser.]
(3) If the accused is indicted for trial before the High Court, a copy of any of the following documents as
may relate to his or her case shall be served upon the accused together with the other documents served upon him
or her in terms of section 66—
(a) a statement confirmed in terms of section 113(3); and
(b) a deposition verified in terms of section 115B(6)(a) and
The reference to “section 115B(6)(a)” in paragraph (b) is incorrect. It should read “section 115A(6)(a)”. – Law Reviser.]
(c) a record referred to in subsection (1).
[Section inserted by section 8 of Act 9 of 2006]
PART IX
B AIL
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 personal 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 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 Attorney-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;
(ii) where an application in terms of 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 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.
[Section substituted by section 9 of Act 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—
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