3.6 Delays in decisions to grant bail In 2010 the JCPS cluster reported that the category of inmates for whom the courts had not yet decided to grant bail stood at 37 865 at the end of May that year. This category placed enormous strain on the DCS, as it was impossible to divert them in terms of Sections 62 and 63 of the Criminal Procedure Act. Only in cases where the accused pose a threat to society, or pose a flight risk, should bail be denied