CHAPTER 8:05
BAIL GUIDELINES

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Application

   3.   Bail guidelines

8 of 2000

An Act to provide for guidelines to be followed by the police and courts when granting bail in criminal cases

[17TH JULY 2000]

1.   Short title

   This Act may be cited as the Bail (Guidelines) Act.

2.   Application

   This Act shall apply to all criminal cases where the granting of bail is considered by the police and courts under section 118 of the Criminal Procedure and Evidence Code.

3.   Bail guidelines

   In considering whether to grant or refuse bail, a police officer or a court, as the case may be, shall be guided by the principles, factors and other matters, constituting Guidelines on Bail, specified in the Schedule.

SCHEDULE

GUIDELINES ON BAIL

PART I
BAIL BY THE POLICE

   1. Where a person has been arrested, whether with or without warrant, but the most Senior Police Officer at the police station where he or she is detained is not satisfied that there is sufficient evidence to charge him or her, then the most Senior Police Officer should release him or her either unconditionally or on bail.

   2. Where a person has been arrested and is then charged at the police station, the most Senior Police Officer must decide whether to keep him or her in custody till he or she can be brought before the court or to release him or her on bail.

   3. Bail should not be granted to a person arrested for an offence punishable with death such as treason, murder, rape, armed robbery and burglary.

   4. Where a person has been remanded in custody by a court, the police should not grant bail to that person.

   5. The principles which the police should take into account in deciding whether or not bail should be granted include—

   (a)   the likelihood of the accused failing to appear for further inquiry or for his or her trial;

   (b)   the likelihood of the accused committing an offence while on bail; and

   (c)   the likelihood of the accused interfering with witnesses or tampering with evidence or otherwise obstructing the course of justice.

   6. In considering whether the principles stated above have been established, the police shall take into account the following factors—

   (a)   the nature and the seriousness of the offence;

   (b)   the strength of the evidence against the accused;

   (c)   the sentence which the offence may carry upon conviction;

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