Bail refers to the sum of money a bailor or surety provides as security in order to procure the temporary release of an accused person from remand while waiting for trial. The bailor has a responsibility to ensure that the accused attends court and complies with other bail conditions.
If the accused complies with all of the court’s directions, the bail amount will be returned to the bailor after the case is concluded. If the accused fails to comply, the bailor may lose part or all the security that was deposited by him.
Alternatively, an accused can offer a personal bond, which means that the accused himself will offer money or personal belongings as security.
When will bail be offered?
There are two stages at which bail may be offered. Following an arrest and before formal charges are filed, the accused may be offered police bail.
Once the accused has been formally charged in court, the court may offer court bail at the criminal mention.
What are the conditions for bail?
When bail is granted, the court may attach conditions to it. Depending on the nature of the matter, the court may impose further conditions, but standard conditions typically include:
- The surrender of the accused’s passport.
- A prohibition on committing any offence while on bail.
- A requirement to remain available for investigations and attend all court hearings as required.
- A prohibition on interfering with witnesses or obstructing justice.
- The bailor must also be a suitable person. For example, he cannot be a co-accused in the same case.
How much bail is necessary?
The judge will hear arguments from both parties before deciding on the bail amount, taking into account factors such as:
- How many charges the accused is facing.
- Whether the accused had a criminal history and is a serial offender.
- The accused’s general disposition and character.
- Whether the accused would breach the conditions of bail.
- Whether the accused would fail to turn up for hearings.
- Whether the accused is a flight risk and would flee the country.
- How severe the alleged offence was and the punishment applicable.
After posting bail, when will the accused be released?
The police or the court grants bail, the accused will be released once a suitable bailor comes forth and posts bail.
If no bailor appears for the accused, then the accused will have to remain in custody.
The bail process
