What is Bail?
A recognizance or bond taken by a duly authorized person, to obtain the release of an accused person ensuring their appearance at the appointed place, date and time
to answer the charge(s) laid against them.
Five Types of Bail
The Accused is allowed to sign the Bail Bond on his own behalf.
Bail with a named surety
The Magistrate allows and approves a named Bailor in court. This person must
present his/her National Identification Card, Drivers Permit or Passport.
In this instance, the Court allows a cash alternative as the surety. A certified cheque can also be made out to the Senior Magistrate of the relevant District Court, together with a valid form of identification.
Bail with a surety to be approved by the Clerk of the Peace
The Bailor must provide the following documents to the Court:
i. A Certified Copy the Deed to be used.
i. Most recent Land and Building Taxes Receipt.
iii. National Identification Card, Passport or Drivers’ Permit.
A Senior Police Officer decides that a person charged with a minor offence, may be granted bail.
This is usually done where a person is in custody during hours when the court is not sitting e.g. weekend and public holidays.
The magistrate will subsequently regularize the bail once the person attends court.
The right for an accused who has been denied bail to apply before a Judge in Chamber
Where an Accused is refused bail, he/she will be remanded to prison until the next
hearing. The Accused will be informed by the Court of his/her right to apply before a
Judge in Chamber, and also given reason for the Court’s refusal to grant bail.
The Bail Process
- A bail request is submitted to a Justice of the Peace (JP) by relative or friend and the JP forwards request to our Warrants Department.
- All warrants at the department pertaining to the inmate for bail are scrutinized to ensure that the inmate can be allowed bail.
- The Supervisor verifies the identity of the offender, checks the validity of the JP’s documents to ensure that the bailing process can be facilitated and further checks the warrants to determine whether there are any conditions set out by the Court.
- The offender is asked to identify the person accompanying the JP to identify him.
- The conditions of bail, if any, are pointed out to the Bailor. This could be done by asking the offender to repeat his bail conditions so that all stakeholders are aware.
- Documents, IDs etc. are returned to the relevant persons and the offender is released from custody.