The Criminal Procedure Act 51 of 1977 contains eight schedules of offences, each attached to different powers: Schedule 1 governs arrest without warrant, Schedules 5 and 6 set the bail burdens for serious offences, Schedule 7 lists offences for police bail, and Schedule 8 lists offences for which prosecutors may oppose bail. The higher the schedule, the heavier the procedural consequences, from Schedule 5’s interest-of-justice test to Schedule 6’s requirement of exceptional circumstances before bail is granted.
This guide maps all eight schedules so you can see which one matters for a given offence, and clears up the most common confusion, which is between the arrest schedules and the bail schedules.
The Schedules at a Glance
| Schedule | Attached to | What it does | Typical offences |
|---|---|---|---|
| 1 | Sections 40, 42 | Arrest without warrant; written notice to appear | Treason, murder, rape, robbery, theft, fraud, arson |
| 2 | Sections 33, 38 | Prosecution by indictment in Superior Courts; cancellation of warrants | Indictable offences tried in the High Court |
| 3 | Section 38 | Withdrawal of charges after committal for trial | Indictable offences |
| 4 | Sections 128, 309 | Appeal and review procedures for summary trials | Offences tried summarily |
| 5 | Section 60 | Bail: State must show interests of justice permit release | Murder without premeditation, robbery with aggravating circumstances, serious assault, drug dealing |
| 6 | Section 60 | Bail: accused must show exceptional circumstances | Premeditated murder, rape, treason, planned robbery |
| 7 | Section 59 | Police bail may be fixed at the station | Common assault, petty theft, crimen injuria, culpable homicide |
| 8 | Section 60(11), bail process | Offences for which the prosecutor may oppose bail and request a hearing | Treason, sedition, murder, rape, robbery, serious assault |
The Two Families of Schedules
Arrest and prosecution schedules (1 to 4)
These schedules are about police and prosecutorial procedure. Schedule 1 empowers arrest without a warrant for its listed offences, which is why a shoplifting or assault suspect can be arrested on the spot. Schedules 2 to 4 deal with how charges proceed through indictments, withdrawals, and appeals. They say nothing about bail or punishment.
Bail schedules (5 to 8)
These determine how hard it is to get bail. Under Schedule 5, the State must show that the interests of justice require continued detention. Under Schedule 6, the positions reverse: the accused must prove exceptional circumstances before the court even considers the ordinary bail factors. Schedule 7 allows the police to fix bail at the station for minor offences, and Schedule 8 governs prosecutor-led bail opposition.
The Same Offence, Different Schedules
Offences appear on more than one schedule serving different functions. Murder, for example, sits on Schedule 1 for arrest purposes, Schedule 6 for bail if premeditated or Schedule 5 if not, and Schedule 8 for bail opposition. Common assault sits on Schedule 7 for police bail and nowhere in the bail-heavy schedules. Never infer seriousness from a schedule number alone: read which section the schedule is attached to.
Common Mistakes to Avoid
- Treating Schedule 1 as a seriousness ranking. It is an arrest-power list, and it includes treason and murder alongside theft.
- Confusing Criminal Procedure Act schedules with sentencing schedules. Minimum sentences live in the Criminal Law Amendment Act 105 of 1997, a different Act with its own schedules.
- Assuming Schedule 6 means no bail. It means the burden reverses, not that bail is impossible.
- Reading outdated lists. The schedules have been amended repeatedly; always check the current text of the Criminal Procedure Act.
Frequently Asked Questions
What are the schedules of offences in the Criminal Procedure Act?
The Criminal Procedure Act 51 of 1977 has eight schedules. Schedules 1 to 4 govern arrest and prosecution procedure, while Schedules 5 to 8 govern bail: Schedule 5 reverses the bail burden to the State, Schedule 6 requires exceptional circumstances for bail, Schedule 7 allows police bail, and Schedule 8 governs prosecutor bail opposition.
What is the difference between Schedule 5 and Schedule 6 offences?
Both are bail schedules. For a Schedule 5 offence, the State must show the interests of justice justify keeping the accused in custody. For a Schedule 6 offence, such as premeditated murder or rape, the accused must first prove exceptional circumstances before bail is even considered on the ordinary factors.
What is Schedule 7 of the Criminal Procedure Act?
Schedule 7 lists less serious offences, including common assault, petty theft, crimen injuria and culpable homicide, for which police bail may be fixed at the police station under section 59 without a court application.
Do the Criminal Procedure Act schedules set sentences?
No. The CPA schedules govern procedure, arrest and bail. Prescribed minimum sentences are set by the schedules of the Criminal Law Amendment Act 105 of 1997, a separate statute.
Disclaimer. This article is general information, not legal advice for a specific case. Confirm the current schedules against the Criminal Procedure Act 51 of 1977 as published, and consult an admitted attorney or the South African Police Service about a specific matter.