Conditions of Police Bail

Conditions of Police Bail

Section 66 of the Criminal Procedure Act sets out the specific conditions under which a suspect may be granted bail by the police. These conditions are designed to ensure the suspect’s return to court and to maintain order and compliance during the period of release pending trial.

Under paragraph (a), the accused must give a written undertaking to appear before a specified court at a specified date, time, and place—or at another time and place later communicated to them by a police officer. This ensures accountability and confirms the accused's willingness to cooperate with the judicial process.

Paragraph (b) requires the suspect to provide a written promise to comply with certain behavioral requirements while on bail. These do not involve financial conditions but may include conduct rules such as not interfering with investigations or avoiding certain individuals or locations.

Paragraph (c) allows the police to accept a written acknowledgment from a third party—someone who knows the suspect and deems them responsible and likely to appear in court. This third party acts as a character reference and adds credibility to the bail request.

Under paragraph (d), the accused or another acceptable person may enter into a financial agreement (with or without providing security), agreeing to forfeit a specified sum if the suspect fails to appear in court. This serves as a financial incentive to ensure attendance.

Paragraph (e) allows for a direct monetary deposit with the police. The amount, agreed upon with the officer, will be forfeited if the accused fails to comply with court obligations. This provides a straightforward financial guarantee for court attendance. 

Refusal to Grant Police Bail

Section 67 of the Criminal Procedure Act provides guidance on the procedures that must be followed when police bail is refused. It ensures transparency, accountability, and the protection of the suspect’s right to be brought before a court promptly.

Under subsection (1), if a police officer decides not to grant bail, he is legally required to record the reasons for the refusal in writing. This provision promotes accountability by ensuring that the decision is documented and can be reviewed if necessary.

Subsection (2) addresses the situation where bail is refused under Section 64 or where the suspect is granted bail but cannot or does not comply with the set conditions. In such cases, the police must take the person before a magistrate to be dealt with according to the law. This must be done as soon as reasonably practicable and not later than the first sitting of a court that is reasonably accessible.

Subsection (3) reinforces the right of the suspect to apply for bail before a magistrate even while still in police custody. If the person requests assistance from the police to make a bail application, the police officer is required to take the suspect to a magistrate within 24 hours or within a reasonable time thereafter, depending on practicality.

Revocation of Police Bail

Section 68 of the Criminal Procedure Act empowers a police officer in charge of a police station to revoke bail previously granted under Section 64 if there are reasonable grounds to believe that the person released on bail is either absconding or has failed—or is likely to fail—to comply with the conditions of their release. In such cases, the police officer may order the revocation of the bail, and the suspect may be re-arrested. This provision ensures that bail is not abused and that suspects adhere to the conditions of their release, maintaining the integrity of the criminal process.

Breaches of Conditions of Bail

Section 69 outlines the consequences of breaching police bail conditions. Subsection (1) states that if a person who has been released on bail willfully and unreasonably fails to comply with the terms of their bail undertaking, they commit an offence. Upon conviction, the person may be penalized up to the maximum punishment applicable to the original offence for which they were arrested and granted bail. Subsection (2) provides for cases where the person was granted bail for multiple offences. If the breach relates to more than one offence, the penalty is aligned with the most serious of those offences. This section acts as a deterrent against non-compliance and reinforces the seriousness of adhering to bail conditions.