Schedule 6 of the Criminal Procedure Act 51 of 1977 lists South Africa’s most serious offences, including premeditated murder, rape, and robbery with aggravating circumstances. Its function is bail: an accused charged with a Schedule 6 offence must prove exceptional circumstances before the court will even consider releasing them, a reversal of the ordinary rule that the State must justify detention. The list was amended as recently as 2023, and conspiracy, incitement, or attempt to commit any listed offence is treated the same as the offence itself.
This guide sets out what Schedule 6 currently contains, how its bail rule operates, and how it differs from Schedules 5 and 7. For the authoritative text, read the schedule against section 60 of the Criminal Procedure Act.
The Current Schedule 6 List
Offences against the state
- Treason and sedition
- Public violence
- Terrorism and related offences under the Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004
Offences against the person
- Murder, including where the death was caused during rape, robbery with aggravating circumstances, or escape from lawful custody
- Rape and compelled rape, in listed aggravating forms, including where the victim is under 16, disabled, or the rape was repeated or by multiple perpetrators acting together
- Sexual offences against children or mentally disabled persons
- Kidnapping
- Robbery with aggravating circumstances, including where a firearm is used, grievous bodily harm inflicted, or a motor vehicle taken
- Trafficking in persons and torture
Serious statutory offences
- Firearms and Explosives Act offences punishable by five years or more
- Offences under the Prevention of Organised Crime Act 121 of 1998 relating to racketeering, money laundering, and criminal gang activity
- Serious corruption, under the Prevention and Combating of Corrupt Activities Act 12 of 2004, above listed amounts
- Drug offences under the Drugs and Drug Trafficking Act 140 of 1992 involving listed quantities
- Sexual offences and offences involving children under listed Acts
Two catch-all provisions extend the schedule: any conspiracy, incitement, or attempt to commit a listed offence, and any Schedule 5 offence committed by a person previously convicted of a Schedule 5 or 6 offence, or while on bail for one.
The Exceptional Circumstances Rule
For ordinary offences, the State must show that the interests of justice require detention. For Schedule 6 offences, section 60(11)(a) reverses this: the accused must first satisfy the court that exceptional circumstances exist which, in the interests of justice, permit release. Only then does the court weigh the ordinary bail factors, the accused’s ties, the risk of interference with witnesses, and the strength of the case.
Exceptional circumstances are not defined, and courts have accepted ill health, the weakness of the State’s case on the point, and extraordinary personal facts. The bar is deliberately high, and most Schedule 6 applicants remain in custody until trial.
Schedule 6 vs Schedule 5 vs Schedule 7
| Schedule | Bail rule | Examples |
|---|---|---|
| 5 | State must justify continued detention | Murder without premeditation, attempted murder, serious assault, robbery |
| 6 | Accused must show exceptional circumstances | Premeditated murder, rape, robbery with aggravating circumstances, treason |
| 7 | Police may fix bail at the station | Common assault, petty theft, crimen injuria, culpable homicide |
Common Mistakes to Avoid
- Reading pre-2008 lists. The schedule has been amended repeatedly; verify the current text.
- Confusing the bail schedules with sentencing. Minimum sentences live in a different Act, the Criminal Law Amendment Act 105 of 1997.
- Assuming Schedule 6 means no bail. It reverses the burden, but bail remains possible on exceptional circumstances.
- Forgetting the repeat-offence clause. A Schedule 5 offence becomes Schedule 6 for repeat offenders or those on bail for serious offences.
Get help with a serious offence charge. Otrebski Attorneys’ criminal team in Sandton prepares Schedule 6 bail applications and defences. Call 060 500 3098 or book an appointment before the bail hearing.
Frequently Asked Questions
What offences are listed in Schedule 6 of the Criminal Procedure Act?
Schedule 6 lists the most serious offences, including treason, premeditated murder, rape in aggravating circumstances, robbery with aggravating circumstances, kidnapping, serious firearms and drug offences, racketeering and serious corruption, plus conspiracy, incitement or attempt to commit any of them.
What does exceptional circumstances mean for Schedule 6 bail?
Before a court may consider bail for a Schedule 6 offence, the accused must show exceptional circumstances permitting release in the interests of justice. The term is not defined, but courts have accepted grave ill health and an exceptionally weak State case. The ordinary bail factors apply only after that threshold is crossed.
Can a Schedule 6 accused get bail?
Yes, but the burden is reversed. The accused must prove exceptional circumstances first, which is why most Schedule 6 applications fail. A properly prepared application with verified facts is essential.
Does Schedule 6 set the sentence?
No. Schedule 6 governs bail procedure only. Prescribed minimum sentences are set by the Criminal Law Amendment Act 105 of 1997, which has its own schedules.
Disclaimer. This article is general information, not legal advice for a specific case. Confirm the current schedule against the Criminal Procedure Act 51 of 1977 and consult an admitted attorney about any bail matter.