How to access the police docket before a bail hearing South Africa

Police docket marked confidential with handcuffed suspect, illustrating evidence challenges in bail applications.

You cannot fight what you cannot see When someone is arrested on a serious charge, the race to prepare a bail application begins immediately. The defence team must construct its case with evidence: a founding affidavit, witness preparation, corroborating documents. This needs to happen very quickly. Yet one of the most important sources of information […]

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Why bail applications fail

The hidden architecture of failure in Schedule 6 bail applications Upon arrest, an accused person may apply for bail, which is a sum of money paid to the court that allows the accused to be released from custody until trial. Bail allows them to return home until the trial. By law, everyone has the right […]

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Digital evidence

Defending against AI-enhanced surveillance In today’s tech-driven world, artificial intelligence (AI) and 5G technology have significantly influenced surveillance, law enforcement and evidence collection. AI-powered tools include facial recognition, predictive analytics and automated licence plate readers, which are increasingly used in criminal and civil cases. However, despite their reputation for accuracy, these technologies are not fool-proof. […]

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Harsh Sentence for a Minor Crime

We came across an interesting case recently where the punishment most definitely did not fit the crime. A petty criminal received an unduly harsh sentence. Furthermore, there were minor children involved who might have been left without their caregiver if the sentence had been carried out. An accused appeared before a magistrates court for the […]

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Will it be bail or gaol for convicted killer Jason Rodhe?

Why bail is not always granted In November 2018, Jason Rohde was convicted of killing his wife Susan and defeating or obstructing the course of justice by covering up her murder to make it look like a suicide. He is currently serving a 20-year sentence. Rohde has now asked the courts to grant bail so […]

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Restorative justice – the arguments

Reconciliation vs. retribution Globally, conventional criminal justice systems, based on punishing people for their crimes through incarceration and instilling fear of imprisonment as a deterrent, seem to have limited success. Prisons are overcrowded and rehabilitation is largely failing. Instead, restorative justice methodology, with its focus on resolving crimes by holding offenders accountable for their actions, is […]

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