What is Bail and how is it offered?
What is Bail?
This is the temporary release of the accused from prison, in exchange for security given for his/her appearance at a later hearing in Court.
This is the temporary release of the accused from prison, in exchange for security given for his/her appearance at a later hearing in Court.
How to apply for bail
- The accused applies for bail orally in the Chief Magistrates Court.
- In the High Court, the accused applies by presenting a Notice of Motion in court
- The Notice of Motion must be supported by an affidavit stating clearly the grounds on which the application is based.
- The application will be served on the prosecutor who then files an affidavit in reply.
- The application will be heard and court will go ahead to either grant or deny the accused bail.
- Court may either grant cash or non cash bail.
Cash bail requires that the accused deposits a specified sum of money in court before he can be released on bail.
Under Non cash bail, the accused will be required to pay the specified amount of money in the event that he/she does not appear in court on a date he/she is required in court.
Who can apply for bail?
The accused person can apply for bail.
Where should a bail application be filed?
In the court that is trying the accused person.
Within what period should one apply for bail?
One may apply for bail at any stage of the proceedings before Judgment is passed.
Note: The accused should have sureties ready before he/she presents the application for bail. Sureties are people who undertake before court, to present the accused in court on a date that he/she is required.