A bail is a form of property deposited or pledged by a bailor, either with the police or the courts to secure the release of an accused from remand prison on the understanding that he/she will ensure that the Accused will return to the court for hearing until the final completion of the case or forfeit the bail.
What types of bails are there?
There are two common types of bails. They are:
- Police Bail – bail granted by the prosecuting agency, like the Singapore Police Force.
- Court Bail – bail granted by the courts
Bail After Being Charged in Court – Court Bail
The amount of bail is at the Court’s discretion. When bail is offered by the Court, the Prosecuting Officer may suggest an amount for the bail sum. If the accused or his counsel is of the view that the amount is too high, he/she may make a counter-proposal. The Court may proceed to hear arguments from both sides before determining the amount.
Conditions to fulfill before bail can be offered
The following conditions may be imposed by the court:
- The Accused’s passport must be surrendered
- The Accused can only leave at and/or shall return to his home by a certain time
- The Accused must report to the Investigation Office (‘IO’) on certain days of the week
- The Accused must furnish more than one bailor
Where the bail sum does not exceed $15,000, personal property items may be used as proof of their worth. These include jewellery or household items, which must be fully paid up and belong to the surety. Where the bail sum is greater than $15,000, the surety is required to provide cash or cash equivalents such as fixed deposits or savings accounts as security for bail.
The situations when such conditions are imposed vary from case to case.
Who can be a bailor?
A person cannot be his own bailor except in circumstances where the Courts direct otherwise.
A bailor has to fulfill the following requirements:
- Aged 21 years and above
- Not a bankrupt
- No pending case in the courts
- A Singapore Citizen or a Permanent Resident of Singapore
- Prepared to accept the responsibilities of a bailor until the case is over
- Prepared to pledge security whether in cash or in personal properties for the amount of bail as ordered by the Court.
If there is no suitable bailor, an accused shall have to remain in remand pending the hearing of his case.
If a person agrees to be the bailor, he/she would have to go to the Bail Centre (Crime Registry, Level 1, State Courts) during its processing hours. The accused would be released from remand once the bail is furnished.
For more information, please contact our criminal lawyer in Singapore, Ray Louis at 90908288