BAIL GUIDELINES

CHAPTER 8:05
BAIL GUIDELINES

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Application

    3.    Bail guidelines

8 of 2000

    An Act to provide for guidelines to be followed by the police and courts when granting bail in criminal cases

1.    Short title

    This Act may be cited as the Bail (Guidelines) Act.

2.    Application

    This Act shall apply to all criminal cases where the granting of bail is considered by the police and courts under section 118 of the Criminal Procedure and Evidence Code.

3.    Bail guidelines

    In considering whether to grant or refuse bail, a police officer or a court, as the case may be, shall be guided by the principles, factors and other matters, constituting Guidelines on Bail, specified in the Schedule.

s .3

SCHEDULE

GUIDELINES ON BAIL

PART I
BAIL BY THE POLICE

1.    Where a person has been arrested, whether with or without warrant, but the most Senior Police Officer at the police station where he or she is detained is not satisfied that there is sufficient evidence to charge him or her, then the most Senior Police Officer should release him or her either unconditionally or on bail.

2.    Where a person has been arrested and is then charged at the police station, the most Senior Police Officer must decide whether to keep him or her in custody till he or she can be brought before the court or to release him or her on bail.

3.    Bail should not be granted to a person arrested for an offence punishable with death such as treason, murder, rape, armed robbery and burglary.

4.    Where a person has been remanded in custody by a court, the police should not grant bail to that person.

5.    The principles which the police should take into account in deciding whether or not bail should be granted include—

    (a)    the likelihood of the accused failing to appear for further inquiry or for his or her trial;

    (b)    the likelihood of the accused committing an offence while on bail; and

    (c)    the likelihood of the accused interfering with witnesses or tampering with evidence or otherwise obstructing the course of justice.

6.    In considering whether the principles stated above have been established, the police shall take into account the following factors—

    (a)    the nature and the seriousness of the offence;

    (b)    the strength of the evidence against the accused;

    (c)    the sentence which the offence may carry upon conviction;

    (d)    the character, antecedents, associations and community ties of the accused;

    (e)    the safety and protection of the accused; and

    (f)    the state of health of the accused, as certified by a medical practitioner.

7.    Where the accused is a juvenile the police shall, in addition, consider the following factors—

    (a)    the welfare of the juvenile;

    (b)    whether it is necessary in the interest of the juvenile to remove him or her from association with any undesirable person; and

    (c)    whether the release of the juvenile will defeat the ends of justice.

8.    Any bail conditions given to the accused should not be unreasonable.

9.    In all cases where bail is granted or refused the police shall record that fact.

10.    Where bail is refused, the police shall—

    (a)    give the accused reasons for the refusal; and

    (b)    inform the accused of his or her right to apply to a court for bail.

PART II
BAIL BY THE COURTS

1.    A person arrested for, or accused of, the alleged commission of an offence is entitled to be released, with or without bail, at any stage preceding his or her conviction in respect of the offence, unless the court finds that it is in the interests of justice that he or she be detained in custody.

2.    In bail proceedings the court shall deal with such proceedings expeditiously but may postpone the proceedings to allow the accused or the prosecutor to adduce evidence or further information.

3.    If reliable or sufficient information is not before the court, the court may order its production.

4.    The principles which the court should take into account in deciding whether or not bail should be granted include the following—

    (a)    the likelihood that the accused, if released on bail, will attempt to evade his or her trial; and in considering this principle the court may, where applicable, take into account the following factors—

        (i)    the nature and the seriousness of the offence for which the accused is to be tried;

        (ii)    the strength of the case against the accused and the temptation that he or she may in consequence attempt to evade his or her trial;

        (iii)    the nature and the severity of the punishment which is likely to be imposed should the accused be convicted of the offence against him or her;

        (iv)    whether the accused is in custody…