Police Bail of Suspect

Police Bail of Suspect

Section 64 of the Criminal Procedure Act governs the circumstances under which a suspect in police custody may be granted police bail, emphasizing the suspect’s rights and the duties of arresting officers. Under subsection (1), a suspect must be immediately released if (a) the arresting officer believes the person did not commit an offence or lacks reasonable grounds to continue custody, (b) the officer realizes the wrong person was arrested, or (c) after 24 hours, no formal charge has been filed unless the alleged offence is deemed serious. This ensures that detention without charge is limited, preserving the suspect's liberty.

Subsection (2) allows the officer in charge of a police station to grant bail to a person already formally charged, provided certain conditions are met. These include situations where the arrest was made without a warrant, insufficient evidence exists, the offence is not serious, or further inquiries are needed but cannot be completed quickly. In such cases, bail is granted through a bond with or without sureties, and the suspect must promise to appear before a court when required.

Subsection (3) gives special consideration to juveniles (persons under 15 years), allowing for their release on bail if a parent, guardian, relative, or any reliable person enters into a recognizance on their behalf, reflecting the protective approach for minors.

Under subsection (4), the law expressly prohibits charging any fee for bail bonds, recognizances to prosecute, to give evidence, or for personal appearance. This prevents financial discrimination and upholds equal access to bail, regardless of a suspect’s economic status.

Finally, subsection (5) mandates that any arresting officer must inform the suspect of their right to bail under this section. This provision protects the suspect’s right to be informed and promotes transparency and accountability in law enforcement procedures.