What is Bail?
Bail is a provisional release of an accused person from police custody while they await trial.
The Court, police sergeants, and other law enforcement officials can grant bail if someone (Surety) provides the bail amount ordered by the Court.
The Court exercises power to deny bail even on reasonable grounds if particular circumstances arise –
- The charges against the accused are not fine-only penalties.
- The Court is apprehensive of the accused person’s availability and willingness to surrender once released.
Bails differ from a personal bond in terms of the requirement for a third party acting as Surety.
The accused can sign the bond themselves and process the bail amount necessary.
The guilty person can avail of any or both options as presented to them.
What type of security may be furnished?
For securing the bail amount, the Surety can produce either cash or assets.
If the amount exceeds $15,000, then the Surety is liable to provide money or cash equivalent to secure bail address to the Court Registrar.
Otherwise, jewellery or furniture are viable options for securing bail amounts below $15,000.
The Surety needs to declare these assets to the Court. If the accused person fails to appear before Court on scheduled dates, the Surety may lose their entire bail money.
Who can be a Surety?
Once the Court releases an accused person on fulfilment of the bail amount, the Surety is liable to ensure their availability and appearance in Court or for interrogation whenever deemed necessary by the Court or police.
In Singapore, the criteria for a person to be a surety are –
- Singapore citizen
- Aged 21 or above
- Financially stable
- No standing criminal charges against them
- Prepared to secure the amount of bail as ordered by the Court
For Minors
For cases against minors, the parents or guardians are suitable choices as Surety. The final decision for eligibility lies with the Court.
How do a surety bail and accused person?
An accused person has the provisional to contact one person as their Surety once the court grants bail.
The Surety needs to reach the Bail Centre at the State Courts. After verifying the eligibility criteria, the Surety learns the crime details and court events.
After that, they may furnish the bail amount and acknowledge the conditions of Bail with the Magistrate.
The Magistrate can reject the Surety if they sense any incompetency.
What if the accused person breaches bail?
Breach of bail or failure to appear before the Court on the stipulated date and time invites an arrest warrant for the accused.
The Court may request a show cause and interrogate the Surety regarding the issue. If there are no reasonable grounds, the Court seizes the bail amount.
Attempting to leave Singapore during the trial period or resides outside the country without legal authorization does not excuse the accused.
If found guilty of a breach, the accused can face penalties and imprisonment for three years.
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