Our criminal justice system operates under the premise that you are innocent until proven guilty by a judge or by a jury of your peers. This means that once you are charged with an offence, you are presumed to be innocent until proven guilty. The presumption of innocence forms the basis of your "Right to Bail" and so, in principle you have a right to be released from custody until the day of your trial. However, there are certain considerations that the police and judges have to take into account before releasing you on bail.

Bail and the Police:

Once you are charged with an offence and taken into custody by the police the question of bail should be considered within 24 hours. It is your right to be granted bail if you are charged with an offence, which is not punishable with imprisonment. This gives rise to "Station Bail".

Station Bail can be granted by the police officer in charge or an inspector; and is usually offered for lesser offences. However, there are offences, such as murder which will have to be considered by a court.

Bail and the Court:

You can also be granted bail by the court (whether Resident Magistrate's Court or Supreme Court). As I mentioned before, there are certain factors that judges consider when deciding whether or not to grant bail, these are as follows:

The seriousness of the offence

Your character, whether or not you have any previous convictions

Whether or not it is reasonably believed that you will interfere with the witnesses or the investigation in any way

If it is reasonably believed that you are a flight risk, or that you will commit an offence if released.

If it is believed that you should be kept in custody for your own protection and welfare.

If you are denied bail by a court on your first appearance, you can have your attorney apply on your behalf for bail at your next court appearance. Bail ought to be considered by the court at each of your appearances, if you are still in custody. If bail is refused, judges are now obligated to tell you why bail is being refused.

What to do when Bail is granted:

If you are granted bail, you will more than likely need someone to bail you. This person is referred to as your "Surety". He/she must have the following to produce to the court's office:

A valid picture ID

One passport sized picture signed by a justice of the peace

Two letters of recommendation from a pastor, JP or senior police officer.

Proof of address: utility bill, or bank statement can be used

Collateral: cash, land title, motor vehicle title or bank statement to cover the bail amount (bail is usually given in a certain amount and your surety must have some form of collateral).

The right to bail is closely linked with the right to liberty which I discussed in last week's column. It is for the prosecutor for the state to prove that you deserve to be in custody as opposed to you having to prove that you are to be granted bail.

Our criminal justice system is fraught with lengthy delays and yet time and time again many accused persons are denied bail. We have the right to be protected against arbitrary arrest and detention. We also have a right if charged, to be tried within a reasonable time or released.

Bail is a right and for us to protect our rights, we have to first know our rights.

Matters of Justice where Justice Matters.