A person who is in custody because he or she has been charged with an offence or is involved in pending criminal proceedings, may apply to be released on bail. Bail is an agreement in which a person makes a written undertaking to the court. Normally in signing a bail agreement a person undertakes:
- to be present every time the matter is in court until the proceedings are finished,
- to comply with any conditions set out in the agreement as to conduct while on bail SEE CONDITIONS OF BAIL
- to forfeit a specified sum of money if the person fails, without proper excuse, to comply with any term or condition of the agreement.
Although a bail agreement is intended to continue until the court proceedings have ended one way or another, the authority granting bail or the court, can at any time vary the conditions of an agreement, or revoke it altogether (for example, where there is reason to believe that the person on bail does not intend to appear at court or because the person has committed a further offence).
In general terms the two authorities that may grant bail are the police and the courts.
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WHAT IS BAIL? : Last Revised: Wed Jun 16th 2004 |
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