When a person is arrested for a crime, they may be held in remand until their court date unless the Court or the police releases them on their own recognizance, or allow them to post a bail bond. Bail will allow the accused to be temporarily released from remand pending the investigations or court proceedings. Depending on the nature of the alleged offence, bail can be put up by way of cash deposit or personal property.
How is the Bail Amount Set?
The Court or the police decides on the amount of bail to be set. The key objective in setting the appropriate bail is to secure the accused’s attendance in investigations or court proceedings. A number of factors will be considered in determining the appropriate amount, including but not limited to the following:
- The nature and gravity of the offence;
- The past conduct and attendance of the accused during investigations or court proceedings;
- The likelihood of the accused absconding.
Other conditions that may also be attached to the bail:
- To surrender travel documents;
- To surrender custody or make himself available for upcoming investigations or to attend court;
- To not commit any offence while on bail;
- To not interfere with any witness or tamper with any evidence while on bail.
How to Post a Bail Bond?
You may ask a family member or a friend to post bail. The person who executes this bond is called a “bailor” or a “surety”. Your bailor must be a Singapore citizen or permanent resident, over the age of 21, and have no criminal record nor be in bankruptcy. The bailor must also carry out the responsibilities prescribed under section 104 of the Criminal Procedure Code.
The bailor must go to the Bail Centre to execute the bond during operating hours. If the bail amount is over $15,000, the bailor is required to put up a monetary bail. In this case, they must pledge cash or a cash equivalent (such as savings account or fixed deposit).
If the bail amount is less than $15,000, the bailor can pledge personal property as bail, such as jewellery, household items or other valuable possessions. The surety must sign a declaration form attesting that the property is fully paid for, belongs to the bailor, and that the value of the item is sufficient to cover the amount of bail.
After the bailor has posted bail, the accused will be released.
What are the Responsibilities of a Bailor?
Once the accused has been released, the bailor must keep in touch with the accused on a daily basis and ensure that they attend their court proceedings. They must also ensure that the accused does not leave Singapore without permission from the court or the police.
If a bailor loses contact with the accused, they must lodge a police report within 24 hours. If the accused does not show up for the court proceedings, the bail provided by the bailor may be forfeited unless they can show the court reasons why they ought not to lose the monies or properties executed in the bail bond.
If bailor duly performs all his duties and upholds all his responsibilities, the money will be returned to the bailor at the conclusion of all the proceedings, even if the accused is found guilty of the crime.