What is Bail

 

Bail is a security either in cash or by an undertaking given to the Court or to the police to ensure that the person released on bail (the accused) returns to the Court or to the police station as and when required to do so.

 

The person furnishing such a security is known as a bailor or a surety. When a person agrees to be a bailor or a surety, he is said to be 'standing bail'.

 

Depending on the amount, the Court or the police officer may allow more than one bailor for the person bailed.

 

 

When May a Person be Released on Bail

 

While most offences allow the accused the right to bail, some offences are non-bailable. However; a Magistrate or District Judge has the discretion to grant bail even though the offence is non-bailable unless the offence is one where the punishment is death or life imprisonment.

 

 

How Much is Bail

 

The amount of bail depends very much on the seriousness of the offence. Bail may be increased or reduced at any time by applying to the Court. If the police ask for bail in the sum of S$5,000.00 or more, the ability (means) of the bailor to stand bail will first of all have to be checked by the police and reported to the Court before granting the bail. A bailor may show his ability to stand bail by depositing cash, or producing fixed deposit certificates, bank passbooks, car log books, title deeds to a property, share certificates or valuables.

 

 

Bail Centre

 

In the Subordinate Courts, all bail applications are processed by the Bail Centre.

 

 

Conditions of Bail

 

The law requires that the person released on bail must not leave Singapore without the permission of the Court or the police officer. Sometimes, the accused may also be asked to surrender his passport to the police.

 

The bailor or surety must also give his consent before the Court or the police will allow the accused to leave Singapore.

 

If there is more than one bailor, then the consent of all the bailors or sureties must be obtained.

 

 

Consequences of 'Jumping Bail'

 

If the accused fails to appear at the designated time and place (this is also known as 'jumping bail'), a warrant of arrest may be issued against him.

 

Under such circumstances, unless sufficient reasons are given to the Court, the bail may be forfeited and/or the bailor may be ordered to pay a penalty.

 

Further, unless good reasons are given to the Court why the accused has 'jumped bail', he will not be offered bail again if he is arrested.

 

 

Return of Bail

 

The duties of the bailor cease when the Court has made a decision (e.g. when the accused is found to be not guilty of the offence ('acquitted'), or is found to be guilty of the offence ('convicted') and sentenced).

 

The bailor can then take back the items which he has deposited with the Court. This is processed by the Finance Section of the Subordinate Courts.

 

 

Withdrawal of Bailor

 

The bailor can withdraw from standing bail for the accused at any time before the case is completed. If the accused cannot find a substitute bailor, he will be remanded in prison until the date of his conviction or acquittal.