Quick answer
Before a bail hearing, do not contact the complainant or witnesses, coordinate stories, alter evidence, create false documents, hide a passport or prior matter, make an unadvised detailed statement, post the case online, pay an unofficial intermediary, miss court, or offer a condition the accused cannot obey.
How to use this guide
The safe alternative is to preserve incoming contact, keep original records unchanged, disclose difficult facts privately to the lawyer, use official payment channels, and confirm every court and custody instruction in writing.
1. Do not contact the complainant or witnesses
Do not call, message, visit or send a relative, employer, religious leader or community member to the complainant or a witness. Avoid requests to withdraw a case, change a statement, forgive the accused, sign a letter or “clear up a misunderstanding.” Even polite or indirect contact can create safety, intimidation, harassment or witness-interference concerns.
If the complainant or a witness contacts the accused or family first:
- do not discuss the allegation;
- preserve the complete incoming message or call record;
- do not edit, crop or forward it widely; and
- send it privately to the lawyer for advice.
Section 60 of the Criminal Procedure Act expressly identifies influencing or intimidating witnesses and concealing or destroying evidence as bail risks. The bail glossary provides the procedural context.
2. Do not create or improve supporting documents
Never backdate a lease, invent employment, alter a payslip, obtain a false medical letter, manufacture a dependant relationship or ask someone to sign facts they cannot verify. Do not “clean up” an address record or type a character letter for another person to sign.
The safe alternative is to provide genuine records and explain gaps. If the accused lives informally and has no conventional proof, identify the truthful arrangement and a lawful occupier who can verify it. If employment is irregular, describe the actual work pattern and supply authentic records. A gap can be managed; a false record can damage credibility and create separate legal consequences.
Use the criminal-charge preparation checklist to organise real source material.
3. Do not hide prior matters, orders or travel documents
Tell the lawyer privately about:
- previous convictions;
- pending cases;
- another current bail or warning;
- failures to appear;
- protection, domestic-violence or harassment orders;
- correctional supervision, parole or related status; and
- every passport or travel document.
Disclosure is compulsory for the specified previous matters and orders listed in section 60; age, another location or a present dispute does not justify leaving the item out. Do not omit an entry because it is old, disputed or from another place. If it is wrong, label it disputed and gather genuine correction evidence.
Do not hide, destroy or transfer a passport. Record where it is held. If surrender or a travel restriction could address a demonstrated risk, the lawyer can propose that lawfully.
The accused-person glossary helps distinguish procedural status from a finding of guilt.
4. Do not give a detailed statement without advice
The accused has constitutional rights to silence and legal representation. That does not permit lying, obstruction, destruction of evidence or resistance to a lawful order. It does mean that a detailed account should not be improvised under pressure or signed without understanding its purpose and effect.
Before responding, record:
- who requested the statement or document;
- their role and contact details;
- the date, time and place;
- what was requested;
- any stated legal authority or deadline; and
- whether a copy was supplied.
Get advice promptly. Do not invent an answer to fill a memory gap. Say when something is unknown or requires checking. If a lawful warrant or court order is presented, do not physically obstruct it; obtain a copy where permitted and alert the lawyer.
The arrest-rights first-steps checklist supports immediate custody and representation controls.
5. Do not coordinate versions or rehearse facts
Family members and co-accused persons should not hold a group session to agree what “everyone will say.” Do not circulate a prepared chronology for witnesses to adopt. Do not tell someone which details to leave out.
The safe alternative is for each person to preserve their own independent records and tell the lawyer what they personally know. The lawyer can decide whether and how information should be verified. Honest differences in memory should be labelled, not edited into artificial consistency.
If the family needs a shared administration list, keep it to neutral controls such as court date, custody location, document requests and lawyer contact. Keep factual witness accounts separate.
6. Do not delete, crop or alter evidence
Do not delete messages, reset a phone, edit metadata, crop screenshots to remove context, alter photographs, overwrite a document, discard receipts or access someone else's account. Do not remove or copy police docket material through an unofficial route.
Preserve the original file or device and make a working copy where lawful. Record:
- what the item is;
- who supplied it;
- when it was received or created;
- where the original is held; and
- whether anything was changed in the copy.
Tell the lawyer about material that may disappear, such as CCTV, access logs, location data or workplace records. The lawyer can advise on a lawful preservation step. The criminal-court preparation pack helps maintain a controlled case file.
7. Do not publish the defence or attack people online
Avoid social-media posts, voice notes, livestreams, crowdfunding descriptions or group messages about the alleged facts. Do not name or insult the complainant, witnesses, police, prosecutor or judicial officer. Do not publish an alibi or ask the public to contact someone.
Online material can be copied, misunderstood, used to locate a witness, or relied on as evidence of contact, hostility, coordination or non-compliance. Removing a post later may not remove saved copies.
The safe alternative is a private administrative update that reveals no merits: custody location, confirmed court date, verified lawyer contact and lawful support arrangements.
8. Do not pay anyone promising influence or guaranteed release
Bail is not a private purchase of freedom or an acquittal. Do not pay a police officer, court runner, “fixer,” family intermediary or person claiming special influence. Do not send funds to an unverified account because someone says release is guaranteed.
If the court grants monetary bail, confirm the authorised payment location, amount and reference. Obtain and preserve the official receipt. State the true amount the family can afford and its lawful source.
Section 60(2B) requires an affordability enquiry when money is considered after release is found permissible. A higher amount does not remove statutory risks. The bail-application service page identifies the relevant professional-help route.
9. Do not offer conditions that cannot be obeyed
Avoid proposing an address where the accused cannot lawfully stay, a reporting schedule that transport makes impossible, a no-contact term that conflicts with an unavoidable shared workplace, or surrender of a passport that cannot be located. Do not promise supervision from someone who has not agreed.
Test every proposed condition before court:
- Is the address real and available?
- Can reporting happen on the stated days and times?
- Can work, treatment and childcare continue lawfully?
- Does anyone affected understand the arrangement?
- Is proof of compliance practical?
- What must happen if circumstances change?
The court may impose conditions to manage identified risks. Breach can lead to cancellation, arrest or forfeiture. A realistic condition is safer than an impressive but impossible promise.
10. Do not miss court or rely on an informal date
Confirm the next appearance from an official paper, the lawyer or the court route—not only a family chat. Record the court, courtroom if known, date, expected time, custody transport position and who will appear.
If the accused is released, preserve the bail receipt and every written condition. Plan transport early and arrive as instructed. If illness or another emergency threatens attendance, contact the lawyer immediately and retain genuine proof. Do not simply stay away.
The Department of Justice explains that an accused released on bail must attend court until the matter ends. The criminal-law hub gives the broader service context.
11. Do not confuse a postponement with defeat
A court can postpone bail proceedings for up to seven days at a time on statutory grounds, including the need for more information or material evidence. Do not react to a postponement by contacting witnesses, creating documents or paying an intermediary.
Instead, obtain:
- the new date;
- the reason recorded or explained;
- the accused's custody location;
- the evidence or verification still required; and
- the lawyer's next preparation deadline.
A postponement is not a grant or refusal. It is a controlled stage requiring accurate follow-through.
A safe pre-court rule
Before any action, ask:
- Does this preserve an original fact or change it?
- Does it involve a complainant, witness or co-accused?
- Is the person receiving money or documents officially authorised?
- Has the lawyer advised on the statement, affidavit or condition?
- Can the action be proved later with a date and source?
If the action changes evidence, pressures a person, hides a fact or depends on unofficial influence, stop and obtain advice.
FAQs
Can the family ask a complainant to support bail?
Not on its own initiative. Direct or indirect contact may create safety or interference concerns. Tell the lawyer about the situation and preserve any incoming contact without engaging on the case.
Should damaging messages be deleted before court?
No. Preserve them in original form and disclose them privately to the lawyer. Deletion or alteration can create additional evidential and credibility problems.
Can the accused refuse every police request?
The accused has rights to silence and legal representation, but must not lie, obstruct or disobey a lawful order. Record the request and obtain prompt case-specific advice.
Is it safe to promise strict conditions to improve the application?
Only propose conditions that are lawful, relevant and practically sustainable. An impossible promise can lead to later breach and cancellation consequences.
Related Lexuno paths
Source notes
Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.