BAIL

WHAT IS BAIL?

  • It is a security made either in cash or by an undertaking given to the Court or to the police to ensure that the accused (released on bail) returns to the Court or to the police station as and when required to do so.
  • The Person giving such a security is called a “Bailor” or a “Surety”.
  • All bail applications in the Subordinate Courts are processed by the Bail Centre.

NOT ALL OFFENCES ARE BAILABLE.

  • The accused may have the right to bail for most offences, but some offences are non-bailable. The Prosecution may object to bail if the accused person is a flight risk or if he is a foreigner.
  • Bail is not granted for offences where the punishment is death or life imprisonment.

BAIL QUANTUM.

  • The quantum depends on the seriousness of the offence.
  • Bail amount can start from $2,000 onwards being the minimum sum.
  • For very serious offences, the bail amounts can run in dollars of thousands, hundred thousands, and a few millions.
  • Bail amount may be increased or reduced at any time by applying to the Honourable Court. There are times the Prosecution will ask for an increase in bail if the Accused wants to leave jurisdiction.

Conditions of Bail.

  • The law states that the accused released on bail must not leave Singapore without the permission of the Honourable Court or the Investigating Officer (IO) The IO may ask that the Accused surrenders his passport to the police.
  • The Bailor has to ensure that the Accused is present in Court or the police station when he is required to do so.
  • The Bailor can withdraw from standing bail before the completion of the case. The accused will be remanded in prison if he is unable to secure a suitable Bailor.

What happens if the Accused absconds or “Jumps Bail”.

  • A Warrant of Arrest may be issued if the accused absconds or “jumps bail”.
  • The bail amount may also be forfeited. The Bailor has to show cause to the Court.

When does the Bailors duties Cease?

  • The Bailor is free from his duties when the Honourable Court, has made a decision either when the accused “acquitted”, or is “convicted” and sentenced.
  • The money/ items deposited with the Court are then returned to the Bailor.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s