A person who has been arrested can make a bail application to any police officer who is of or above the rank of sergeant or who is in charge of the police station. However, a person is not eligible to apply for bail while being detained for purposes related to the investigation of an offence pursuant to the Summary Offences Act, 1953. In that case, before applying for bail, he or she must wait until detention for that purpose has finished or until charged with an offence. Where the application for bail is unsuccessful an application may be made for a review of the decision, see refusal and review of bail decisions. If a person has been arrested on a warrant issued by a court, and the warrant contains a clause prohibiting bail, then bail cannot be granted by a police officer.

A person who is not released on bail by the police, must be brought before a court as soon as reasonably practicable on the next working day after the arrest, but in any event not later than 4.00pm. on that day. The person may then apply to the court for bail or for review of the refusal of bail.