The Magistrates Court - Right to Bail

UNCONDITIONAL BAIL

The defendant has a right to unconditional bail i.e. bail subject to a duty to surrender to the custody of the court at the time and on the date specified. Failure to surrender is an offence.

CONDITIONAL BAIL

No conditions shall be attached to a defendant's bail unless the court is satisfied that it is necessary in order to

a. prevent the defendant from absconding

b. prevent the defendant from committing further offences

c. prevent the defendant from interfering with witnesses or otherwise obstructing the course of justice

d. ensure that enquiries or reports are made

PRE - RELEASE BAIL CONDITIONS

Surety

A condition of surety can be imposed to secure the attendance of the defendant. The court should consider the suitability of the proposed surety with reference to:

* his or her financial resources

* his or her character

* his or her proximity to the defendant

Security

The court may require the deposit of a security if it feels that the defendant is unlikely to remain in the country. A security may be given by the defendant or another person on his or her behalf. There is no limit to the amount which may be ordered.

POST - RELEASE CONDITIONS

Reporting to the police

Imposed to ensure attendance at court.

Residence

Imposed to prevent absconding or, where the defendant usually lives with or near a witness, to prevent the commission of further offences or protect witnesses.

When imposing a condition that the defendant resides elsewhere than his usual address the court must ensure that the person at whose address the defendant resides agrees to the imposition of the condition.

Curfew

Used to prevent the commission of further offences and usually combined with a condition of residence.

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