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People often get angry when they read news articles from people accused of serious crimes and then released on bail. In this article, we look at the factors that should be taken into account when the courts have to decide whether or not someone can be left out on bail. This will enable us to better understand why someone is being released on bail or not.

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A bail bond is used for insurance so that the person accused of crimes will attend all of the required court hearings regarding their case once they are released from jail, get it from here.

According to Article 35 (1) (f) of the Constitution [1], anyone arrested has the right to be released in the interest of justice permits, subject to reasonable conditions. This provision states that the law cannot arbitrarily remove freedom from an innocent person, but it is recognized that in certain circumstances it may be in the interest of justice to remove or restrict this freedom. 

  • The next question that arises is how we know when the refusal to grant bail is in the interest of justice. Section 60 (4) of the Criminal Procedure Act [3] states that the interest of justice does not allow the release from detention of an accused where one or more of the following grounds have been established:
  • Which likelihood exists for the accused, if he or she is released on bail, endangering public safety or any particular person would be insecure offenses;
  • That probation exists for the accused, if released on bail, to evade the trial; or
  • There is a likelihood that the accused if released on bail, will try to influence witnesses, hide intimidates, or destroy evidence; or
  • Where there is a likelihood that the accused if released on bail, will undermine or jeopardize the objectives or proper functioning of the criminal justice system, including the bail system; or

Where there is a likelihood that the release of the accused will disturb public order or public peace or security 

In considering the question of whether the above grounds have been instituted in (a) to (e), various factors set out in Articles 5-9 of the Criminal Procedure Act are taken into account which includes:

  • diemate of violence against others implied by the charge;
  • the accused’s connections with the place where his trial will take place;
  • the accused’s assets and travel documents;
  • the alleged relationship with the witnesses and the extent to which they can be influenced;
  • whether the accused provided false information during his arrest or bail proceedings;
  • any prior failure to comply with bail conditions or indications that he will not comply with any bail condition;
  • whether the nature of the offense or the circumstances under which the offense was committed is likely to cause a sense of shock or anger in the community; and
  • whether the shock or anger of the community can lead to public disorder if the accused is released. 

The court decides whether the accused should be released on bail by balancing the interest of justice against the right of the accused’s personal freedom and the detriment he or she is likely to suffer if he or she is detained, taking into account, among other things, the period that the accused has already been arrested; the probable period of detention until the end of the trial, if the accused is not released on bail; the reason for any delay in the trial and any debt on the part of the accused; any impediment to the preparation of the accused’s defense due to the detention of the accused; and the accused’s state of health. 

When the Court handles Schedule 5 and 6 offenses, the accused must be detained unless the accused can convince the court that it is in the interest of justice or that exceptional circumstances exist that allow his or her release. 

From this article we can see that the court has to weigh many factors against each other and although we do not always understand why accused have been released on bail, every person will want a fair bail application if they find themselves in the same position.