Types of bail:
- Police bail: The release of a suspect from police station when investigation cannot be completed. The suspect will need to report to the police station at a later stage at the appointed date and time.
- Court bail: The release of a defendant from custody, who will need to appear at the court later at the appointed court hearing date. Failure to surrender to court later is a criminal offence.
For the purpose of a court bail, offences are classified as:
- Bailable offence: bail must be offered as of right. (ie: offences such as defamation or cheating)
- Non-bailable offence: the court has a discretion to grant bail. (ie: either-way offences such as theft, rape, assault causing bodily harms).
- Unbailable offence: bail cannot be offered can be offered under all circumstances. (ie: indicatable offences punishable with death or life imprisonment for instance drugs trafficking, murder, or kidnapping).
* For the complete list of bailable and non-bailable offences, please refer to Column 5 of the First Schedule of the Criminal Procedure Code.
Grounds and Factors for Bail Application:
A bail will not be granted if there are substantial grounds to believe that if released on bail, the defendant will:
- Fail to surrender to custody; OR
- Commit an offence while on bail; OR
- Interfere with witness/obstruct the course of justice while on bail.
After a bail being granted, the bail may still be revoked if there is clear evidence that the defendant commits or is likely to commit either offences listed above.
The court will take into account these factors when considering a bail application:
- The nature and seriousness of the offence;
- The strength of the evidence;
- The likely sentence;
- The defendant’s association and community ties;
- The defendant’s previous convictions (if any);
- The defendant’s character, employment status, and monetary conditions.
Conditions may be imposed in granting bail, such as requiring the accused to surrender passport, to remain at his residence under a curfew, and/or report to police station regularly. Failure to comply with the conditions imposed may result in the defendant being arrested and remanded in the police station until trial.
