What is bail?
Bail is when an accused person is released from the custody of law enforcement officers and entrusted to the custody of a surety or sureties who are bound ensure the accused’s attendance in court and/or to produce the accused for the purposes of investigations when required.
The surety or a bailor is the person who furnished security for bail by either pledging some of a cash deposit with the court or property (collateral) pledged as a guarantee for the amount of bail. The person who executes this bail bond will be responsible for ensuring that the accused attends court and investigations when called upon.
What is the purpose of bail?
The primary purpose of bail is to balance two key factors: the presumption of innocence and the need to ensure the accused appears in court. Here’s why bail is important:
- Presumption of Innocence: Everyone is considered innocent until proven guilty. Bail allows individuals to maintain their daily lives while preparing their defense, rather than being held in jail.
- Ensuring Court Attendance: By requiring a financial commitment, bail motivates the accused to attend all court proceedings. If they fail to appear, they risk losing the bail money.
- Community Safety: In some cases, bail conditions may include restrictions on the accused, helping to protect the community while the case is ongoing.
Types of Bail in Singapore
In Singapore, there are two main types of bail:
- Police/Agency Bail: This type of bail is provided by law enforcement right after an arrest but prior to any formal charges being brought in court. It permits the accused to be released from custody, subject to certain conditions established by the police.
- Court Bail: After formal charges are filed, any bail previously granted by the police or agency is usually withdrawn. At this point, the court evaluates whether to grant bail and determines the conditions, taking into account factors such as the seriousness of the offense and the accused’s history.
What Offences can be bailed?
Bailable Offences Singapore
Bailable offences in Singapore generally involve less severe crimes. For these offences, the accused has a statutory right to be released on bail. This means that the court typically allows the accused to remain free while awaiting trial, provided certain conditions are met.
Examples of bailable offences include:
- Assault
- Voluntarily Causing Hurt
- Disobeying Quarantine Orders
- Dangerous Driving
- Cheating
- Misappropriation of Property
- Trespassing
- Housebreaking
- Forgery
Non-Bailable Offences Singapore
Non-bailable offences are considered more serious, and bail is not automatically granted. The court exercises discretion in deciding whether to release the accused on bail. The nature of these crimes often involves more severe legal consequences.
Examples are:
- Murder
- Rape
- Drug Trafficking
- Kidnapping
- Robbery with Hurt
The Bail Process
Posting bail as a bailor in Singapore involves specific steps that ensure the process is completed smoothly and efficiently. Here’s a detailed guide on what a bailor needs to do:
- Going to a Bail Centre:
The initial step is to visit a designated bail centre, typically located within court premises. It’s important to know the exact location and operating hours beforehand.
- Preparing Required Documents:
Before going to the bail centre, gather all necessary documents. These usually include the bailor’s ID (such as an NRIC or passport), proof of financial stability (like bank statements or payslips), and the accused’s charge documents.
- Meeting a Bail Officer:
At the bail centre, the bailor will meet a bail officer who will verify the documents, explain the bail conditions, and ensure the bailor understands their responsibilities. The bailor will fill out a bail bond form and can ask any questions about the process.
- Understanding the Bail Conditions:
The bail officer will explain the bail conditions, which might include travel restrictions for the accused, regular check-ins at a police station, and avoiding legal infractions. The bailor must understand and agree to these conditions, as they are responsible for ensuring the accused complies.
Who can be a surety/bailor?
In Singapore, a surety or bailor must meet certain criteria to be eligible:
- The surety must be a Singapore citizen or permanent resident, unless the court specifies otherwise.
- They must be at least 21 years old.
- The surety should not be bankrupt.
- They must not be a co-accused in the same case or have any pending criminal charges in the State Courts or the Supreme Court.
Even if these conditions are met, the court must be convinced that the surety can fulfil their responsibilities effectively before approving their application.
How is the bail amount decided?
The determination of bail amount in Singapore involves several key factors, each contributing to the court’s decision on what is appropriate for ensuring the accused appears in court. Here’s a list of these factors:
- Category of Crime: The nature of the charges significantly affects the bail amount. Offences that involve serious crimes, such as violent or drug-related charges, often lead to higher bail amounts compared to minor infractions.
- Severity of the Offence: This includes the likely sentence upon conviction. Serious crimes with severe penalties or mandatory minimum sentences typically result in higher bail amounts to reflect the increased risk to public safety and the potential for significant punishment.
- Number of Charges: The more charges an accused faces, the higher the bail amount may be. Multiple charges can suggest a pattern of behaviour that increases the perceived risk, thus requiring a larger financial assurance for release.
- Criminal History: The accused’s previous criminal record is closely examined. A history of previous offences can lead to higher bail, as it may indicate a greater risk of reoffending or non-compliance with bail conditions.
- Reputation of the Accused: The court considers the overall character of the accused, including their behaviour, reputation, and stability within the community. A positive assessment might lead to a more lenient bail amount.
- Personal Factors: These include the individual circumstances of the accused, such as their financial resources and the means available to post bail. The court seeks to set an amount that is significant yet fair, taking into account the accused’s ability to pay.
- Flight Risk: The likelihood that the accused may attempt to flee is a crucial factor. If there are indicators such as international ties or access to substantial resources, the court may impose a higher bail to discourage any attempts to escape jurisdiction.
Consequences and Procedures if the Accused Fails to Attend Court in Singapore
1. Bail Forfeiture Consequences:
- Financial Impact: The court may forfeit the bail amount, meaning the money or bond posted by the bailor is lost to the state.
- Bailor's Responsibility: The bailor faces financial loss and must ensure they were not negligent in their duties to potentially recover some of the funds.
2. Arrest Warrant Process
- Issuance of Warrant: The court will issue a warrant for the accused’s arrest, authorising law enforcement to detain and bring them to court.
- Increased Legal Difficulties: An arrest warrant complicates future bail attempts and may worsen the legal situation for the accused.
3. Legal Ramifications for the Accused
- Additional Charges: Missing a court date breaches bail conditions, potentially leading to more charges.
- Tougher Penalties: Future bail applications may be denied, and penalties could be harsher upon conviction.
4. Actions Required by the Bailor
- Immediate Steps: The bailor should contact the court, explain the situation, and attempt to locate the accused.
- Legal Assistance: Seeking legal advice can help mitigate financial losses and navigate bail forfeiture proceedings.
5. Exploring Legal Recourse
- Remission of Bail: The bailor may apply for a remission of the forfeited bail if they can demonstrate due diligence in ensuring the accused’s court attendance.
- Professional Guidance: Legal representation can assist in reducing financial impacts and guide the bailor through the process.
Understanding these steps and consequences is vital for both the accused and the bailor. Keywords like ‘court no-show Singapore’, ‘bail forfeiture consequences’, and ‘arrest warrant process’ are crucial for those looking to understand the legal implications of missing a court date.
Must I provide cash for the bail?
Generally, if the bail bond amount does not exceed $15,000, personal property items can be used as proof of their worth. These can be items such as jewellery or household items, which belongs to the bailor.
In the event the bail sum is more than $15,000, the bailor will be required to provide cash as security for the bail bond. Alternatively, cash equivalents such as your bank savings accounts or fixed deposits can be considered as security for bail.
What if the amount for bail is too high and I cannot afford it?
If the bail amount offered is too high and no one is able to post bail for the accused, the accused will be remanded at Changi Prisons. The accused is allowed to ask for a bail review, where the accused or his lawyer can ask the court to lower the bail amount or vary its conditions to include more bailors for the same sum.
What are my duties as a bailor?
The duties as a bailor is a very serious obligation, and all bailors must ensure the following:
The accused person who is released on bail must surrender to custody, or makes himself available for investigations or attends court on the day and at the time and place appointed for him to do so;
Keep in daily contact with the released person, be aware of his whereabouts. The bailor must lodge a police report within 24 hours of losing contact with him; and
That the accused person released on bail stays in Singapore unless he or she has been granted permission to leave the country by the court or the police.
Can I get out of my responsibilities as a bailor?
The simple answer is no. Any agreement you enter with the accused in relation to your obligations as a bailor is not valid. You are also not allowed to delegate your duties as a bailor to somebody else. As long as the bail bond is still valid and you remain as the bailor, you must ensure that the accused attends his court mentions and/or whenever he is called for investigations.
Must I follow the accused to court?
Not necessarily, you must, however, be aware of the court mentions that the accused has to attend, and you must ensure that the accused is attends. You do not have to accompany the accused to court, but if you think that there is a risk that he may not attend the court mention, then you must do everything that is necessary to ensure their attendance.
What if the accused jumps bail? Will I be penalised?
You will not be punished. But the first thing that will happen when an accused jumps bail is that the court will issue a warrant of arrest against the accused. The bail will also be revoked and will no longer be valid. The second thing is that the court will issue a “Notice too how to Cause” to you as the bailor.
This notice against you will ask you to attend court on a specified date to explain why you should not be ordered to pay in full the bail amount that was forfeited. At this hearing, the court will ask you for a reason/s why the accused did not attend court and what you have done to make sure that he attended.
For example, if the bail amount that you have executed for the accused is $5,000, the court will ask you to explain the reason/s why you should not be asked to pay the full $5,000.
I am a bailor for an accused person who is a troublemaker, what can I do?
Always remember your obligation to be a bailor is a voluntary one. If you are unable to exercise your duties as a bailor properly, or if the accused is making it difficult for you to exercise those duties, you can always apply to the court to have yourself discharged as a bailor. This application can be made at the next court mention or in writing. You must be present with the accused for you to discharge yourself a bailor.
Frequently Asked Questions (FAQs) on the Bail Process in Singapore
Can a bailor recover forfeited bail?Item #1
Yes, a bailor can apply for a remission of the forfeited bail if they can prove they took all reasonable steps to ensure the accused attended court.
What should a bailor do if the accused does not show up in court?
The bailor should immediately contact the court, explain the situation, and make efforts to locate the accused. Seeking legal advice is also recommended to understand their options and responsibilities.
How does the issuance of an arrest warrant affect the accused?
An arrest warrant authorizes law enforcement to detain the accused, complicating their ability to obtain bail again and potentially leading to harsher legal penalties.
What are the bail conditions that the accused must adhere to?
Bail conditions may include travel restrictions, regular check-ins with authorities, and avoiding any further legal infractions. These conditions ensure the accused’s compliance with the legal process.
Is it possible to appeal bail decisions in Singapore?
Yes, it is possible to appeal bail decisions in Singapore. If the accused or their legal representative disagrees with the bail terms set by a magistrate, they can file an appeal to have the decision reviewed by a higher court.
