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• Criminal Courts
• Police Investigation
• Arrest

WHAT HAPPENS WHEN A BAIL CONDITION IS BREACHED ?

Bail granted will be revoked if the accused is found, supported with clear evidence, to have interfered with witnesses or otherwise obstruct the course of justice whether in relation to himself or any other person.

An accused who have been granted bail fails without reasonable excuse to appear at the time and place appointed for any diet of which he has been given due notice or to comply with any other condition imposed on bail shall be guilty of an offense and will be liable on conviction to the penalties - a fine and or imprisonment.

A police officer may arrest without warrant an accused who has been released on bail where the police officer has reasonable grounds for suspecting that the accused has broken, is breaking or is likely to break any condition imposed on his bail.

Where an accused or a cautioner on his behalf has deposited a sum of money in court and if the accused fails to comply with any condition imposed on bail or fails to appear at the time and place appointed for any diet of which he has been given due notice, the court may, on conviction of an offence and on the motion of the prosecutor, immediately order forfeiture of the sum deposited.

WHAT FACTORS WOULD THE COURT CONSIDER IN GRANTING OR REFUSING BAIL ?

The discretion of the court on whether to grant or refuse bail depends primarily on the question of the probability of the accused absconding or the probability of repetition of the offense with which he is charged while on bail.

Factors which are considered by the court in granting bail include

• The seriousness and nature of the offense charged
• The apparent probability of conviction
• The likely sentence
• The ties of the accused to the community in which he lives
• The reputation of the accused and employment status
• The prior criminal record of the accused
• The financial conditions of the accused

The amount of bond placed upon an accused should be sufficient to secure the attendance of the person arrested and must not be excessive.