What Are Schedule 7 Offences? | List Under the Criminal Procedure Act

Schedule 7 of the Criminal Procedure Act 51 of 1977 is a list of offences, midway in seriousness, that determines how bail works for an accused who is in custody. It covers offences such as culpable homicide, assault with grievous bodily harm, arson, housebreaking, theft, fraud and drug possession below the R20 000 threshold, plus any conspiracy, incitement or attempt to commit them.

The label matters because the police cannot fix bail at the station for a Schedule 7 offence. Bail is decided by the court at a first appearance, or beforehand by a senior prosecutor under section 59A. This guide sets out the full current list, where Schedule 7 sits among the other bail schedules, and what it means in practice for someone in custody.

The Full List of Schedule 7 Offences

The list below follows the current text of the Criminal Procedure Act 51 of 1977, as substituted in 2007 and amended with effect from 5 August 2022. Monetary thresholds are part of the schedule itself, so an offence drops out of Schedule 7 when the amount involved exceeds the threshold.

• Public violence.
• Culpable homicide.
• Bestiality, as contemplated in section 13 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007.
• Assault, when a dangerous wound is inflicted, when it involves the infliction of grievous bodily harm, or when a person is threatened with grievous bodily harm or with a firearm or dangerous weapon as defined in the Dangerous Weapons Act 15 of 2013.
• Arson.
• Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence.
• Malicious injury to property.
• Robbery, other than robbery with aggravating circumstances, if the amount involved does not exceed R20 000.
• Theft, and the false-statement offences referred to in section 264(1)(a), (b) and (c), if the amount involved does not exceed R20 000.
• Any offence under any law relating to the illicit possession of dependence-producing drugs.
• Any offence relating to extortion, fraud, forgery or uttering, if the amount or value involved does not exceed R20 000.
• Any conspiracy, incitement or attempt to commit any offence listed above.

Where Schedule 7 Sits Among the Bail Schedules

Schedule	Examples	Who decides bail and on what basis
Schedule 1	Minor common-law and statutory offences	Police bail at the station under section 59, or prosecutor bail; ordinary court bail
Schedule 7	Culpable homicide, assault GBH, arson, housebreaking, theft under R20 000	No police bail. Court at first appearance, or a prosecutor under section 59A; State must show why release is refused
Schedule 5	Robbery with aggravating circumstances, drug dealing, corruption	Court only, and the accused must satisfy the court that the interests of justice permit release
Schedule 6	Planned murder, rape, aggravated robbery where limbs are involved	Court only, and the accused must show exceptional circumstances before bail can be considered

The pattern is the onus. For Schedule 1 and Schedule 7 offences the State must persuade the court that the interests of justice require continued detention. From Schedule 5 upwards, the burden shifts onto the accused, which is why the schedule label on a charge carries so much weight.

How Bail Works for a Schedule 7 Offence

An arrested person must be brought to court within 48 hours. At the first appearance the accused may apply for bail under section 60, and the court weighs the interests of justice, including the likelihood that the accused will flee, interfere with witnesses, or endanger particular people.

Before or at that stage, section 59A allows a Director of Public Prosecutions, or a prosecutor authorised in writing, to authorise release on bail for a Schedule 7 offence in consultation with the investigating officer. This prosecutor route has been part of the Act since the 2021 amendments took effect, and it can shorten a stay in custody.

There is also a release valve for unaffordable bail. Under section 63A, a Head of Prison may apply to the court for an accused charged with a Schedule 7 offence, who was granted bail but cannot pay it, to be released on warning instead, or to have bail conditions amended.

Why the Schedule Label Matters

The charge sheet does not always tell the full story. The same conduct can be charged in different ways, and the DPP may issue a written confirmation, before the accused pleads, that a Schedule 5 or 6 offence is intended, which changes the onus regardless of what the charge sheet says.

Schedule 7 also feeds other parts of the Act, such as the section 63A overcrowding provision above. Family members trying to arrange bail should establish the schedule early, because the answer dictates whether to approach a prosecutor, prepare for a formal bail hearing, or gather evidence of exceptional circumstances.

Common Mistakes to Avoid

• Waiting at the station for police bail. Police bail under section 59 is for Schedule 1 offences. For Schedule 7 the matter goes to court or to a prosecutor under section 59A.
• Assuming the charge sheet is final. The State may raise the charge to a Schedule 5 or 6 offence, which puts the onus on the accused.
• Ignoring the R20 000 thresholds. Theft or fraud of R25 000 is not a Schedule 7 offence, and treating it as one leads to wrong expectations about bail.
• Arriving at the bail hearing unprepared. A fixed address, employment details, and a surety make release far more likely.
• Assault read as common assault. Only the aggravated forms listed in the schedule qualify. Plain common assault stays a Schedule 1 offence.
• Forgetting attempts count. A conspiracy, incitement or attempt to commit a listed offence is itself a Schedule 7 offence.

Frequently Asked Questions

What are Schedule 7 offences in South Africa?

Schedule 7 of the Criminal Procedure Act 51 of 1977 lists mid-seriousness offences including public violence, culpable homicide, bestiality, aggravated assault, arson, housebreaking with intent to commit an offence, malicious injury to property, and theft, fraud, extortion, forgery or robbery below the R20 000 threshold, plus any conspiracy, incitement or attempt to commit them.

Can the police fix bail for a Schedule 7 offence?

No. Police bail at the station under section 59 is only available for Schedule 1 offences. For a Schedule 7 offence, bail is decided by the court at the first appearance, or beforehand by a Director of Public Prosecutions or an authorised prosecutor under section 59A in consultation with the investigating officer.

Is a Schedule 7 offence more serious than a Schedule 1 offence?

Yes. Schedule 7 offences are generally more serious than the Schedule 1 offences for which the police may fix bail, but less serious than Schedule 5 and Schedule 6 offences, where the accused must satisfy the court that bail should be granted, and in Schedule 6 cases show exceptional circumstances.

Who carries the onus in a Schedule 7 bail application?

The State does. Because a Schedule 7 offence is not listed in Schedule 5 or 6, the ordinary section 60 procedure applies at the first appearance, and the State must show that the interests of justice do not permit release. The accused does not carry the reverse onus that applies to Schedule 5 and 6 offences.

What happens if bail is set but the accused cannot pay it?

An accused charged with a Schedule 7 offence who was granted bail but cannot afford it may be assisted by section 63A, which allows the Head of Prison to apply to the court for release on warning in lieu of bail, or for amendment of the bail conditions, when prison overcrowding threatens the accused’s dignity, health or safety.

Disclaimer. This article is general information, not legal advice for a specific case. Bail outcomes depend on the facts, and anyone in custody should confirm the current schedule and procedure with an admitted attorney without delay.