What happens at your first court appearance?
By Shephard Dube, LLB · 9 min read · ·
It is usually short. The charge is put to you, bail is considered, and the matter is postponed for investigation or so that a Legal Aid attorney can be appointed. You are not normally expected to plead or to run a trial on the day.
Key points
- A first appearance is usually brief. The charge is put, bail is considered, and the matter is postponed.
- You are not normally asked to plead at the first appearance and you should not explain the facts.
- Say out loud that you want a lawyer and cannot afford one if that is the case.
- Bring proof of address, proof of income and a possible surety, because bail turns on those facts.
- Write down the next court date before you leave the building.
Your first court appearance is usually short, often only a few minutes on the record. The charge is put to you, the question of bail is raised, and the matter is postponed, most commonly for the investigation to be completed or for a Legal Aid attorney to be appointed. It is not a trial. Nobody decides whether you are guilty on that day.
You must be brought before a court within 48 hours of your arrest, and if that 48 hours expires outside ordinary court hours or on a day that is not a court day, it extends to the end of the first court day after that. The rights that apply are those in section 35 of the Constitution of the Republic of South Africa, 1996, and the procedure comes from the Criminal Procedure Act 51 of 1977. Legal Aid South Africa is on 0800 110 110.
What actually happens, step by step
You are brought up from the cells or you arrive from home. If you were released on police bail or warned to appear, you come in through the public entrance. Arrive early and go to the court on your notice.
Your matter is called. Court rolls are long and you may sit for hours before your name is read out. That is normal.
Your details are confirmed. Your name, identity number and address. Answer these accurately.
The charge is put to you. The prosecutor states what you are alleged to have done. Listen carefully. This is the first clear statement of the case against you.
Legal representation is dealt with. The magistrate asks whether you have a lawyer. If you do not and cannot afford one, say so plainly. This is where the Legal Aid process starts.
Bail is dealt with. Bail is granted, or the state opposes it, or the matter is postponed for a formal bail application.
The matter is postponed. A date is given. Write it down.
Who is in the room
The magistrate presides, decides bail, and controls the proceedings. Address the magistrate as "Your Worship".
The prosecutor represents the state, puts the charge and tells the court what the state's attitude to bail is.
The interpreter is there if you need one. You are entitled to follow proceedings in a language you understand, so say so at the start.
The clerk and the court orderly handle the record and the dock.
Your legal practitioner, if you have one, or the Legal Aid practitioner based at the court.
What you will be asked, and what to say
You will be asked to confirm your identity, whether you have or want legal representation, and, in some matters, whether you are applying for bail.
You will not usually be asked to plead at the first appearance in a matter that is being postponed for investigation. Do not volunteer an explanation of what happened. Nothing you say about the facts helps you at this stage, and it can be used later. If a magistrate asks you something about the merits and you have no lawyer, it is entirely proper to say that you would prefer to answer once you have legal representation.
Three sentences carry most people through a first appearance. "I want a lawyer and I cannot afford one." "I am applying for bail." "I would prefer not to say anything about the facts until I have a lawyer."
Bail at the first appearance
For less serious matters where the state does not oppose bail, the magistrate may deal with it on the day and you can go home. For serious matters, and where the state opposes release, the matter is usually postponed for a formal bail application so that the investigating officer can put up an affidavit and the defence can prepare.
The court is asking whether the interests of justice permit your release on reasonable conditions. Where the charge falls under Schedule 5 of the Criminal Procedure Act 51 of 1977, you must satisfy the court that the interests of justice permit your release. Under Schedule 6, you must show exceptional circumstances. Both are harder, and both are a reason to have a lawyer. See how to apply for bail.
Children are dealt with differently. A child in conflict with the law falls under the Child Justice Act 75 of 2008, which provides for a preliminary inquiry and for diversion instead of an ordinary first appearance in many cases.
A worked example
The names and facts here are illustrative only.
Kagiso is arrested on a Wednesday night for malicious damage to property. He appears on the Friday morning. He sits in the holding cells from seven and his matter is called at half past eleven.
The prosecutor puts the charge. The magistrate asks whether he has a lawyer. Kagiso says he wants one and cannot afford one, and a Legal Aid practitioner takes his instructions in the cells during the adjournment.
His sister is in the gallery with his identity document, a municipal account, an affidavit from their landlord confirming where he lives, and a payslip. The state does not oppose bail but asks that Kagiso stay away from the complainant. The magistrate sets an amount, imposes that condition, and postpones the matter for further investigation to a date about six weeks later.
Kagiso is out by mid afternoon. Nothing clever happened. His sister brought the right paper, and he said the right three sentences.
What to do in the first 48 hours
- Establish exactly what the charge is and write it down.
- Tell the court you want a lawyer and cannot afford one if that is true. Out loud, on the record.
- Ask a family member to collect the bail bundle below and to be in court with it.
- Do not discuss the facts with the police, with other detainees, or in the dock.
- Ask for an interpreter at the start if you are not comfortable in the language being used.
- Do not contact the complainant or any witness, for any reason.
- Ask what the matter has been postponed for, so you know whether the next date is for a bail application, for a decision on the docket, or for a plea.
- Write down the next date, the court number and the case number before you leave the building.
What to take or send to court
- Your identity document, and one for any proposed surety
- Proof of residential address: a municipal bill, a lease, or an affidavit from the owner of the property
- Proof of employment or income, such as a payslip or an employer's letter
- Birth certificates or proof of dependants in your care
- Your passport, if you have one, in case the court asks for it to be handed in
- Chronic medication and a prescription
- A working cellphone number for you and for a family member
- A pen and paper, or a phone, to write down the next date
Bring originals and copies. A photograph of a document on a cracked screen is harder for a court to accept than paper.
A realistic timeline
The day itself. Expect to be at court from early morning. Long waits are normal.
The appearance itself. Frequently under ten minutes on the record.
A postponement for a Legal Aid attorney. Usually a short postponement, often a week or two.
A postponement for a formal bail application. Commonly days to a couple of weeks, depending on the roll and on the investigating officer's affidavit.
A postponement for further investigation. Typically several weeks, and more than one is ordinary.
These are ranges, not promises. Court rolls and the complexity of the investigation move them.
Common mistakes and what they cost
Not saying you cannot afford a lawyer. If the court does not know, the Legal Aid process does not start.
Explaining yourself in the dock. People try to clear things up and instead put an admission on the record. Say nothing about the facts.
Coming without proof of address. The most common reason a bail application stands down to another day.
Missing the next date. A warrant can be issued for your arrest and bail money can be forfeited. Failing to appear is an offence on its own.
Not asking what the postponement is for. You arrive at the next date unprepared, and another postponement follows.
Arriving late. If your matter is called and you are not there, the consequences start immediately.
Your rights and the court's powers, side by side
You have the right to be brought before a court within 48 hours as extended, to be told the charge, to remain silent and not to be compelled to give evidence against yourself, to legal representation of your choice, to a legal practitioner at state expense where substantial injustice would otherwise result, to an interpreter and to follow proceedings in a language you understand, to apply for bail and to be released on reasonable conditions where the interests of justice permit, to be presumed innocent, and to a fair and public trial without unreasonable delay.
The court may put the charge, decide whether to grant bail and on what conditions, postpone the matter for investigation, for a bail application or for legal representation to be arranged, order that you be held in custody in the meantime, and issue a warrant if you fail to appear. A court may not require you to answer questions about the merits, and it may not treat your silence as proof of guilt.
If you cannot afford an attorney
Tell the magistrate. Say that you want a lawyer and cannot afford one. This is the trigger for everything that follows.
Legal Aid South Africa on 0800 110 110 represents accused people in criminal matters, subject to a means test based on your income and household circumstances, under the Legal Aid South Africa Act 39 of 2014. Legal Aid practitioners are often based at the court, so ask the clerk where to find them. See Legal Aid and do I qualify for legal aid in a criminal case.
University law clinics in most cities give free advice. Phone your nearest law faculty.
The Independent Police Investigative Directorate, under the Independent Police Investigative Directorate Act 1 of 2011, handles complaints about police misconduct. That is separate from what happens in court.
If you are considering paying privately, what a criminal matter costs sets out how fees usually work.
Frequently asked questions
People ask whether they have to plead at the first appearance, and usually they do not, because the matter is postponed. They ask whether family may attend, and criminal courts are ordinarily open to the public, with exceptions in particular kinds of case. They ask whether they can go home the same day, and that depends entirely on bail. They ask how long it takes, and the appearance is short but the wait is long, so plan for the whole day.
What it typically costs
Updated Oct 2026| Item | Typical range |
|---|---|
| Initial consultation Some firms give a free first meeting. Urgent after hours advice when someone is in custody costs more. | R0 – R2 500 |
| Bail application in the district court An unopposed application for an ordinary offence, usually a single morning in court. | R3 500 – R15 000 |
| Opposed bail application in the regional court Schedule 5 and Schedule 6 applications are effectively mini trials, with affidavits, cross examination and the investigating officer testifying. | R15 000 – R60 000 |
| Attorney's daily trial rate Per day in court. Junior practitioners at the lower end, senior specialists in the major metros at the top. | R8 000 – R30 000 |
| Briefing an advocate, per day Counsel's brief fee is separate from the attorney's. Senior counsel in a High Court matter sits well above this range. | R12 000 – R60 000 |
| Plea and sentence agreement Negotiating with the prosecutor, drafting the agreement and appearing when it is placed before the court. | R12 000 – R50 000 |
| Defending a district court trial to finality Assumes several appearances and two or three days of evidence. Postponements add cost. | R25 000 – R90 000 |
| Defending a regional court trial to finality Longer trials, more witnesses and usually counsel. Serious matters run well past the top of this range. | R80 000 – R350 000 |
| Expungement application You can apply to the Department of Justice yourself at no cost. Pay only where eligibility is genuinely unclear. | R0 – R6 000 |
Estimates only. Actual fees vary by attorney and complexity.
When you need an attorney
You should speak to an attorney if:
- the state is opposing bail, or your charge falls under Schedule 5 or Schedule 6
- you were asked questions about the facts and answered them without legal advice
- your matter has been postponed several times without progress
- you are being asked to plead and you do not understand the charge
- a child has to appear in court, because the Child Justice Act 75 of 2008 process is different
Frequently asked questions
Do I have to plead guilty or not guilty at my first appearance?
Can my family come to court?
Will I go home on the same day?
How long does the appearance take?
What if I do not understand the language used in court?
What happens if I miss the next court date?
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