Bail

Bail

Let’s start by defining what a bail is; it is basically the release of the accused or an appellant but they are required to pay a certain amount that the court has specified to ensure that the accused will appear in court on the appointed date. There are basically four types of bails which include bond with surety without security, personal bond with security, bond with surety and with security, and personal bond without security.

Is the bail eligible for everyone?

Any person that has been accused of a crime shall be immediately entitled to a bail, in an event that a person is detained by a police officer without a warrant, and then they must be brought to court before they can be released on a bail. Such incidents where these cases usually happen will usually involve cheating, defamation and forgery. For cases where bails are applicable the court may impose certain terms and conditions before they grant the bail to the person that is being accused. For example the court can ask the accused to surrender their passport before they can be released. However you should take note that failure to comply with the conditions that have been imposed on the accused may result in the person being remanded until the actual trial.

Not all crimes can be bailed for example if the person has been accused of treason, culpable homicide, attempted rape, murder, attempted murder and rape. You can still post bail for such crimes as it is at the discretion of the Court that is currently handling your case or the police officer that is in charge of that particular police district. Exceptions also include any person that is under 16 years of age, any women or person that is sick or infirm that has been accused of an offense. However the bail can be refused if there are reasonable grounds to justify that the accused is guilty of an offence that is punishable by death or life imprisonment.

How bails are granted

There are also some conditions that are imposed onto an accused who is granting bail and these terms include the accused appearing at the appointed time and place with has been specified before being released. They must also not commit any offence while they are on bail and they are prohibited from interfering with the witnesses such as harassing them or otherwise obstruct the procedure of justice whether it is related to them or to another person. The accused must also be available just in case they are needed for further inquiries or a report has to be made in order to assist the courts with the offence that they are currently being charged of.

Breach in the bail condition

If for any reason the bail condition is breached then the bail that has been granted will then be revoked, if the accused has been found guilty of and of course with clear evidence that they have some how interfered with the witnesses or otherwise have obstruct the course of justice. This includes cases that are directly connected to them or any other cases as well.

The accused that have been granted bail but has failed without reasonable excuse to appear at the specific time and place that is required of them where they have been given due notice to do so or they have violated any other condition that has been imposed upon them as part of their condition for their bail then they will be liable to a conviction of penalties that may include a fine or being imprisoned again. A police officer will be able to arrest the accused without using a warrant if the police officer has any reasonable grounds to believe that the accused has broken, is currently breaking or is likely to break any of the conditions that have been imposed on them for the bail.

What happens to the money if there is a breach in the terms?

After, the accused or a cautioner has deposited the specified sum that has been determined by the court then the accused need to make sure that they comply with the terms and conditions that have been imposed on them. If for any reason the terms of the bail have been breached then the sum that was deposited to grant the bail earlier shall then be forfeited.

Factors that are taken into consideration

Whether or not the court will grant or refuse the bail will depend heavily on the question of the probability of the accused absconding or the likelihood of the repetition of the offense with which they have been charged while on bail. Other factors that the court will take into consideration when granting a bail may include whether there is an apparent probability of a conviction, the relations that the accused have with the community in which they live in, prior criminal record of the accused, the seriousness and nature of the offense that they have been charged with, the likeness of a sentence, the employment status of the accused as well as their reputation and the current financial status of the accused. The amount of the bond that has been placed on the accused should be sufficient to secure the attendance of the person that is being charged so that they are no tempted to runaway, however it should also not be financially burdening.

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