Bail Act

Link to law: http://www.moj.gov.jm/laws/bail-act
Published: 2000-12-29

BAIL

THE BAIL ACT
ARRANGEMENT OF SECTIONS

1. Short title.

2. Interpretation.

3. Entitlement to bail.

4. Circumstances in which bail may he denied.

5 . Restrictions on conditions of bail.

6. General provisions relating to bail.

7. Record of decision as to bail.

8. Court to give reawns for granting or refusing hail.

9. Defendant to be informed of right of appeal.

10. Right of appeal.

11. Powers of Judge in Chambers.

12. Review of custody cases.

13. Bail after conviction.

14. Offence of absconding by person released on bail.

15. Penalty for absconding.

16. Liability to arrest for absconding or breaching conditions of bail.

17. Bail with surety.

1 S.

19.

20.

2 1. Regulations.

22. Procedure on arrest or detention.

Forfeiture ofsecurity or recognizances.

Release of surety or refund of payment.

Declaration of facility as bail centre.

SCHEDULE.

BAIL

THE BAIL ACT Acts
19 of 2000,
20 of2010.

[29th December, 2000.1

1. This Act may be cited as the Bail Act. Short title.

2 4 1 ) In this Act, unless the context otherwise requires- lnteVrem-
tion.

"bail centre" means any facility declared by the Minister
'pursuant to section 20 to be a bail centre for the
purposes of this Act;

"bail in criminal proceedings" means bail which may be
granted-

(a) in or in connection with proceedings for an
offence, to a person charged with or con-
victed of the offence;

(b) in connection with an offence, to a person
who is under &est for the offence or for
whose arrest a warrant (endorsed for bail)
has been issued;. .

"child" meahs a person under'the age of fourteen years;
.. .

"conviction" includes-

(a) a finding of guilt;

(b) a finding that a person, isnot guilty .by reason
. . of insanity;

(c) a conviction of an offence for which order
is made placing the defendant on probation or
discharging him absolutely or conditionally,

> - I
and "convicted" shall be construed accordingly;

"Court" includes a Judge or a Resident Magistrate;

' - "defendant" means a person charged with or convicted of
an offence;

- . . [lhe inclusionof .this authorized by L.N. 92~12012)

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Entitlement
to bail.

20120 10
S. 2.
Second
Schedule.

"Judge" means a Judge of the Supreme Court or the Court
of Appeal;

"offence" includes an alleged offence;
"police officer" means an arresting officer or an officer or

sub-officer'in charge of a police station or lock-up;
"surrender to custody" means, in relation to a person

released on bail, surrendering himself into the custody
of a court or the police at the time and place appointed
for him to do so;

"vary" in relation to bail, meahs imposing further con-
ditions after bail is granted or varying or revoking
conditions imposed in relation to the grant of bail;

"young person" means a person'who'has.attiined the age of
fourteen years and is under the age of seventeen years.

(2) References in sections 3 (3) and 4 (1) and (4) to
"imprisonment" does not include a committal in default of
payment of any sum of money,$or for w&t of sufficient distress
to satisfy any sum of money, or for failure to do or abstain
from doing anything requi&d to be done br left undone./-

3.-41) Subject to the provisions of this Act, every person
who is charged with an offence shall be entitled to be granted
bail by a Court, a Justice of the Peace or a police officer, as the

I a .

case may require.
(2) A person who is charged with & offence shall not

be held in custody for longer than twenty-four hours without the
question of bail being considered. ..

(3) Subject to section 4 (4), bail shall be granted to a
defendant who ,is charged with an offence which is not
punishable with imprisdnment.. . , I .

(4) A charged with' murder, treason or treason
felony may be granted bail only by a Resident Magistrate or a

4 . I )
Judge.

(4A) Bail shall be granted to a defendant in relition to an
offence specified in the Second Schedule, only if the defendant
satisfies the Court that bail should be granted. .

[The inclusion of this page is authorized by LN. 92~/2012]

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W r

N
I

( 5 ) Nothing in this Act shall preclude an application for
bail on each occasion that a defendant appears before a Court in
relation to the relevant offence.

4.-(1) Where the offence or one ofthe offences in relation to C ~ ~ C W -
which the defendant is charged or convicted is punishable with whichbail
imprisonment. bail may be denied to that defendant in the following
circumstances-

rtanies i n

(U) the Court, a Justice of the Peace or police officer is
satisfied that there are substantial grounds for believing
that the defendant, if released on bail would-

( i ) fail to surrender to custody;

(ii) commit an offence while on bail; or

(iii) interfere with witnesses or otherwise obstruct
the course of justice, whether in relation to
himself or any other person;

(6) the defendant is in custody in pursuance of the sentence
of a Court or any authority acting under the Defence
Act;

the Court is satisfied that it has not been practicable to
obtain sufficient information for the purpose of taking
the decisions required by this section for want of time
since the institution of the proceedings against the
defendant;

(d) the defendant, having been released on bail in or in
connection with the proceedings for the offence, is
arrested in pursuance of section 14 (absconding by person
released on bail);

( e ) the defendant is charged with an offence alleged to have
been committed while he was released on bail:

( c )

,The i n r l ~ ~ i ~ n 01 fhir 08gr I S su lhonxd by L N 3llW21

h

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(j') the defendant's case is adjourned for inquiries or a report
and it appears to the Court that it would be impracticable
to complete the inquiries or make the report without
keeping the defendant in custody.

(2) In deciding whether or not any of the circumstances
specified in subsection (1) (a) exists in relation to any defendant,
the Court, a Justice of the Peace or police officer shall take into
account-

(a) the nature and seriousness of the offence;

( b ) the defendant's character, antecedents, association and
community ties;

( c ) the defendant's record with regard to the fulfilment of
his obligations under previous grants of bail;

(d) except in the case of adefendant whose case is adjourned
for inquiries or a report, the strength of the evidence of
his having committed the offence or having failed to
surrender to custody;

( e ) whether the defendant is arepeat offender, that is to say,
a person who has been convicted on three previous
occasions for offences which are punishable with
imprisonment; or

any other factor which appears to be relevant including
the defendant's health profile.

U,

( 3 ) Bail may be denied to a defendant who is charged with
or convicted of an offence punishable mith imprisonment if the
Crurt, a Justice of the Peace or police officer is satisfied that the
defendant should be kept in custody for his own protection or:
where he is a child or young person, for his 0%- welfare.

[ i r e ~ n ~ I u ? ~ o n of >his page 13 u l ? a n i r d bv L V j :1002]

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(4) Bail may be denied to a defendant in relation to an offence
which is not punishable with imprisonment if-

(a) it appears to the Court or a Justice of the Peace that,
having been previously granted bail in criminal
proceedings, the defendant has failed to surrender to
custody in accordance with his obligations under the
grant of bail and there are reasonable grounds for
believing that, in view of that failure, the defendant, if
released on bail, would fail to surrender to custody;

(6 ) the Court or a Justice of the Peace is satisfied that the
defendant should be kept in custody for his own
protection or, where he is a child or young person, for
his own welfare;

( c ) the defendant is in custody in pursuance of a sentence of
a Court or any authority acting under the Defence Act;

(d) having been released on bail in or in connection with
the proceedings for the offence, the defendant is arrested
in pursuance of section 14.

(5) For the purposes of this section-

(a) references to previous grants of bail in criminal
proceedings include a reference to bail granted before
the 29th day of December, 2000:

(b) references to a defendant's being kept in custody or being
in custody include, where adefendant is achild or young
person. his being kept in a place of safety or a juvenile
correctional centre under the Juveniles Act;

(c) the question whether an offence is punishable with
imprisonment shall be determined without regard to any
enactment prohibiting or restricting the imprisonment
of young defenders or first offenders.

[Tlk inclusion of this i s nulhorired b) L Ir li2cO2l

x

(6) Where the matter referred to in subsection (2) ( e ) (repeat
offender) is taken into account in relation to a defendant, the offence
to which the bail application relates shall not be tried before the
Court which dealt with that application.

'3 5,-(1) Where a defendant is granted bail, the conditions ~, K-xric l io i is tin condi-
ha i l .
t i c u nr specified in subsections (2) and (3) of section 6 shall not be imposed

unless it appears to the Court, a Justice of the Peace or police officer
that it is necessary to do s-

(a) for the purpose of preventing the occurrence of any of
the events referred to in section 4; or

(b ) to enable inquiries or a report to be made into the
defendant's physical or mental condition.

(2) Subsection (1) shall apply to any application to the
Court to vary the conditions of bail or to impose conditions in
respect of bail which has been granted unconditionally.

(icllLXdl
pr,,, i\i,W5

6.+1) A person who is granted bail in criminal proceedings
shall surrender to custody. iclniin:

1r'h.iil.

(2) A Court. Justice of the Peace or police officer may. in
accordance with regulations made under section 21, require any
person to whom bail is granted to provide. at the person's option,
as a condition for hail before his release-

(a ) a surety to secure his surrender to custody: or

( b ) a payment of such amount as may be specified

( 3 ) A person to whom bail is granted may he required-

(0) to surrender his travel documents to the Court;

( b ) to inform the Court if he intends to leave Jamaica:

(L . ) to report at specified times and dates to a police station:
[ T h ,,,, , , l ,O" nr < h 9 ,pyr i> w l h o r . r 3 CL L U ::?001)

B.4lL

((I) to comply with such other requirements as appear to the
Court to be necessary to ensure that the persoii-

(i) surrenders to custody:

(ii) does not commit an offence while on bail:
(iii) does not interfere with witnesses or otherwise

obstruct the course of justice. whether in
relation to himself or any other person:

( e ) to attend at a bail centre at such times as the Court may
specify.

(4) The requirements referred to in subsection ( 3 ) (d) may
include the imposition of a curfew, in respect of any person to
whom bail is granted, between the hours specified by the Court.
requiring the person to remain within a specified locality during
the hours so specified.

(5) Where a parent or guardian of a juvenile consents to be
a surety for the juvenile for the purposes of this section, the parent
or guardian may be required to ensure that the juvenile complies
with any conditions imposed on him by virtue of subsection ( 3 ) ,
so, however. that-

(a) no condition shall be imposed on the parent or guardian
of ajuvenile by virtue of this subsection where it appears
that the juvenile will attain the age of seventeen years
before the time to be appointed for him to surrender to
custody; and

(b) the parent or guardian shall not be required to secure
compliance with any condition to which his consent does
not extend and shall not, in respect of those conditions
to which he gave consent, be bound in a sum greater
than fifty thousand dollars.

(4) Where a Court has granted bail in criminal proceedings,

(a) by or on behalf of the person to whom it was granted; or

(b) by the prosecutor or a police officer,

it may on application-

[The inchiion oi lhir pas' i6 .whorlred by L.N. I n W l l

8.4 I L

vary the conditions of bail or, where bail was granted
unconditionally, impose conditions.

(7) Where a person has been granted bail in criminal
proceedings. bail shall not be revoked unless such revocation is .7.,
justifiable by virtue of any provision of section 4.

7 . 4 1 ) Subject to subsection (2). w h e r e Recnrd uf
to hail.
decision a

(U) a Court or a police officer grants bail in criminal
proceedings;

(h) a Court or a police officer appoints a time or place or a
Court appoints a different time or place for a defendant
granted bail in criminal proceedings to surrender to
custody; or

(c) a Court varies any condition of bail or imposes conditions
in respect of bail in criminal proceedings,

that Court or police officer shall make a record of the decision
and, where requested to do so by the defendant, shall cause acopy
of the record of the decision to be given to him as soon as practicable
after the record is made.

(2) Where bail in criminal proceedings is granted by
endorsing a warrant of arrest, the police officer who releases on
bail the person arrested shall make the record required by subsection
(1) instead of the Judge or Magistrate who issued the warrant.

COll'l to

for grmring (a) refuses bail in criminal proceedings;

proceedings; or

varies any conditions of bail,

S.+l) Where a Resident Magistrate's Cow-
give reasons

ur refusing j bail (6) imposes conditions in granting bail in criminal . .

(c)

the Court shall, in order to enable the defendant to make an
application in the matter to a Judge in Chambers, give reasons for
refusing bail or for imposing or varying the conditions.

[The ~nclusion o i this page is wfhori lcd by L N 312D311

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, (2) A Court which is required by subsection (1) to give
reasons tbr its decisions shall include a note of those'reasons in

the record of the decision and shall give a copy of that note to
the defendant concerned or his representative within twenty-four
hours.

9. Where a Resident Magistrate's Court retuses to grant Iktkndant
to hc in- @ . bail tb a defendit who is not represented by counsel. the

Court shall inform him of the right of appeal conferred by sec- right or
tion 10. appeal.

' 10.--(I) A defendant to whom section 9 applies may appeal ~ i g h t of
to a Judge in Chambers. appeal.

( 2 ) h l e r e bail is granted to a defendant by a Court pur- 20!2010
suant to this Act. the prosecution ma?.. in the manner set S."h'.
out in subsection (3). appeal to a Judge of the Court of
Appeal in Chambers in respect of the decision.

(3) h;here the prosecution intends to appeal a decision
to grant bail to a defendant. the prosecution shall-

(0) at the conclusion of the proceedings in which the
decision was communicated and before the release
from custody of the defendant. give oral notice to
the Court of that intention: and

(6) give to the Court and the defendant. within twenty-four
hours after the conclusion of the proceedings referred - to in paragraph (a). a written notice of the appeal. set-
ting out the rehsons therefor. I

[The inclusion of 'this page is authorized by L.N. 92c/2012]

130wers of
Judge in
Chambers.

Review of
custody
cases.

BAIL
,

(4) subject1 to subsection (5);-upon the receipt of the
oral notice ieferred to in ' kbgectiod (3)(u); the ''co&' shall
remind the defendant inbbustody . . inti1 the ,. appeal .: is v . , d&t&&i&d. . . . . , .

(5) Where the prosecution fails to file a written - ,
notice of appeal in accordance with subsection (3)(b), the order . . . .
for the grant of bail shall take immediate effect. .

. .
(6) The hearing of an appeal under this section shall be

commenced within seventy-two ' hours (excludihg Saturdays,
. Sundays and days declared to be Public General . Holidays
under section 2 of the Holidays (Public General) Act), orsuch
longer period, as the Court may in any particular case consider
appropriate, after oral notice is given under subsection (3)(u). .

1 . '

I ' . .
1 1 . 4 1 ) Where a Resident Magistrate's Court.refuses bail in

criminal proceedings or imposes conditions on the grarit of bail
in criminal proceedings, the Judge in Chambers may grant or
refuse bail or vary the conditions.

(2) In granting bail under subsection ( I ) , the Judge
in Chambers may direct the defendant to appear at. a time
and 'place ! which;'the Resident Makistrate's Court could have
directed a n d t h e : ' reio~tiizince ; 'bf any 'sufet): shill be

. , , . . . . conditioned accordingly. ' ,
: 5:. . . : . . . . . . . . , . .

. . . . . 1 2 . 4 1) .Where,, appl.ication. for bail has been refused by
:.

a Justice o f the peace .:'oi"a police . dfficek, such refusal shall ....
be reviewed by the ~esident - ~ a ~ i s t r a t e oh. the ''defendant '
first appearance in Court i$ ielationto the relevant offence.

. .

. / . ^ . . . . . . . . . . . . . . . . . . .... - .................
. .

[ihe inclusion & this '@age is aethorized b$ . ~ .~ : ' - '92c /2012] .- - ,

BAIL 12.01

-' (2) A Resident Magistrate shall carry out, at least once
per week, a review .of cases involving defendants who were

granted bail but were unable to take up such bail.

1 3 . 4 1 ) A person who was granted bail prior to conviction Bailafter
and who appeals against that conviction may apply to the COnvic"'On~
Judge or the Resident Magistrate before whom he was con-
victed or a Judge of the Court of Appeal, as the case may be,
for bail pending the determination of his appeal.

(2) A person whose application is refused by a Resident
'Magistrate may appeal against such refusal to the Court of
Appeal.

1 4 . 4 1 ) A person who has been released on bail in criminal omence of
absconding proceedings and has failed to surrender to custody is guilty of an ,, ,

offence unless he has reasonable' cause for his failure to releasedon
surrender'to custody. bail.

(2) A person shall be guilty of an offence if-

(a) having been released on bail in criminal proceedings;
and

(b) having failed to surrender to custody with reasonable
cause therefor,

1 I

he fails to surrender to custody at the appointed.place as soon
after the appointed time asis*reasonably practicable:

[ f i e inclusion of this page is authorized by L.N. 92ct20121

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~ (3) It shall be for the defendkt to prove that -he had
reasonable cause for failure to surrender to custody. :

. r , ?'

(4) A failure to give to a person granted bail in criminal
.proceedings a copy of the record of the decision shall not con-
stitute a reasonable cause for that person's failure to surrender to '
custody. . .

(5) In any proceedings for an offence under subsection
(I), a document purporting to be a copy of any part of the pres-
cribed record which relates to the time and place appointed for
the person specified in the, record to surrender to custody' and
duly certified by the appropriate officer of the Court to be a
true copy of that part of the record, shall be evidence of the time
and place appointed for that person to surrexidei'tb custody.

';

(6) For the purposes of subsection (5)-

(a) "prescribed record" means the record of the decision of
the Court or police officer made p u r s h t to section
8;

I

(b) "duly certified" means certified by the appropriate - - -
officer ofthe Court or by the police officer who took
the decision or the police officer in charge of the
police - station from which the person to. whom the
record relates waq released:

. ,
[The inclusion of this page is authorized by LN. 92c/2012]

13

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(c) "appropriate officer of the Court" means-

(i) in the case of a Resident Magistrate's Court,
the Clerk of the Courts;

(ii) in the case of the Supreme Court, the Registrar
or Deputy Registrar.

15. A person who is guilty of anoffence under section 14 ( I ) is P C ~ ~ I Q for
liable on summary conviction before a Resident Magistrate to a absconding.
fine not exceeding five hundred thousand dollars or to
imprisonment for a term not exceeding two years.

14.+1) Where a person who has been released on bail in Liabili lyla
criminal proceedings and is under a duty to surrender to custody ~ ~ ~ c s ~ &
fails to surrender to custody at the time appointed for him to do so, or breach-

ing con-
ditions nf
bail.

the Court may issue a warrant for his arrest.
(2) Where a person who has been released on bail in

criminal proceedings absents himself from the Court without the
leave of the Court, at any time after he has surrendered to the
custody of the Court and before the Court is ready to begin or to
resume the hearing of the proceedings, the Court may issue a
warrant for his arrest.

(3) A person who has been released on bail in criminal
proceedings may be arrested without warrant by a police officer
where-

(a) the police officer has reasonable grounds for believing
that the person is not likely to surrender to custody;

(h) the police officer has reasonable grounds for-
(i) believing that the person is likely to breach

any of the conditions of his bail; or
(ii) suspecting that the person has breached any

of those conditions;
in the case where the person was released on bail with a
surety, the surety notifies the police officer in writing
that-

the person is unlikely to surrender to custody;
and

(c)

(i)

[The ~ n d u s i ~ n o t rhls p ~ g e is sulhorizcd by L N I!IM21

I '

I
.. .,

14

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(ii) for that reason, the surety wishes to be relieved
of his obligations as a surety.

(4) A person arrested in pursuance of subsection (3) shall
be brought as soon as practicable (being not later than twenty-four
hours after his arrest or at least the next sitting of the C o u r t F

(a) before a Resident Magistrate for the parish in which he
is arrested; or

(b) where he is arrested within twenty-four hours of the time
appointed for him to surrender to custody, before the
Court at which he is to surrender to custody.

(5) Where a Resident Magistrate before whom a person is
brought under subsection (4) is of the opinion that the person-

7

(a) is not likely to surrender to custody;

(b ) has committed or was about to commit another offence;
or

(c) has breached or is likely to breach any condition of his
bail,

the Resident Magistrate may remand him in custody or commit
him to custody, as the case may require, or grant him bail subject
to the same or different conditions, but where the Resident
Magistrate is not of any such opinion, the Resident Magistrate
shall grant him bail subject to the same conditions, if any, as were
originally imposed.

17.+1) This section applies where a person is granted bail in
criminal proceedings on condition that he provides surety for the

(2) In considering the suitability of a proposed surety

(a) regard shall be had to such factors as the Court thinks
fit, including-

the surety's profession, occupation, trade or
business;

Bail wiU,
SLITCQ

purpose of securing his surrender to custody. : >,
. . ./

referred to in subsection ( I j

(i)

[The in~120011

BAIL 15

(ii) his character and his previous convictions, if
any;

(iii) his proximity, whether of kinship, place of
residence or otherwise, to the person for
whom he is to be a surety; and

(b) the surety shall be required to make a declaration in the
form set out in the First Schedule. First

Schedule
(3) Where a surety is required, a declaration in the pres- 2012010

cribed form shall be made by a Justice of the Peace or a member S. 4.
of the. Jamaica Constabulary Force not below the rank of
Sergeant, a minister of religion or a principal of an educational
institution other than a pre-primary school, as to his knowledge
of that surety's address and good character.

,- (4) A Court, Justice of the Peace or police officer shall
/' not refuse a surety unless that surety is exempt pursuant to

regulations made under section 21 or is, in the opinion of the
Court, otherwise unsuitable for the purpose.

(5) Where a Court, Justice of the Peace or police officer
grants a person bail in criminal proceedings under subsection (1)
'but is unablelto release the person because no surety or no
suitable surety is available, the Court, Justice of the Peace or
police officer shall fix the amount in which the surety is to be
bound and subsections (6) and (7) shall apply for purpose of
enabling the recognizance of the surety to be entered into sub-
sequently.

(6) A recognizance of the surety under section (3) may
be entered into before such of the persons or description of
person as the Court may by order specify, or, if it makes no such
ord&, before any of the following persons-

(a) where the decision is taken by a Resident Magistrate's
Court, before any Resident Magistrate or Clerk of
Courts;

(b) where the decision is taken by the Supreme Court or the
Court of Appeal, before any of the persons specified in

fie i n c l u s i ~ o f t h i ~ . ~ a & is authorized by L.N. 92c/2012]

16 - BAIL

Forfeiture
of security
or recogni-
zances. '

paragraph (a) or where rules of Court provide otherwise,
before a person of such other description as is specified
in the Rules.

(7) Where a surety seeks to enter into his recognizance
before any person in accordance with subsection (6) but that
person declines to take his recognizance because he is not satis-
fied as to the surety's suitability, the surety may+apply to-

(a) the Court which fixed the amount of.the. recognizance
in which the surety was to be bound; or

(b) a Resident Magistrate's Court in the parish in which the
surety resides,

for that Court to take his recognizance and that Court shall, if
satisfied as to his suitability, take his recognizance.

'

(8) Where pursuant to subsection (6), -a recognizance is
entered into otherwise than before the Court that fixed the
amount of the recognizance, the recognizance shall have full
force and effect ai if it had been entered intd before that
Court.

f

(9) A person who in any declaration required under this
section, makes a statement, which he knows to be false in a
material particular shall be guilty of an offence'and liable on
summary conviction before a Resident Magistrate to a fine not
exceeding three million dollars or, to imprisonment for 'a .term
not exceeding two years or to both such fine and imprison-
ment.

18.-(1) Where a surety has provided a security for the
purpose of securing a person's surrender to custody and that
person fails to surrender to custody, the Court may order the
forfeiture of the security.

(2) Where a Court orders the forfeiture of security under
subsection (I), the Court may declare that the forfeiture extends
to such amount less than the full value of the security as it thinks
fit to order.

[The inclusion of this page is authorized by L.N. 92~120121

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(3) Security which has been ordered to be forfeited
under subsection ( 1 ) shall, to the extent of the forfeiture-

(a) where it consists of money, be accounted for and paid
in the same manner as a fine imposed by that Court
would be;

(b ) where it does'not consist of money, be enforced by such
Resident Magistrate's Court as may be specified in the
order.

(4) This section shall have effect in addition to any other
provision in any law relating to enforcement of recognizances
entered into in'criminal proceedings.

1 9 . - ( 1 ) A surety shall be released from obligation under Releaseof
the recognizance entered into by him, in the following circum- ::Ez:f
stances- . payment.

(a) where the Court grants such release on an application
made in accordance with subsection (2);

(b ) where the Court makes a no order or a nolle prosequi is
entered in relation to the defendant who provided the
surety;

(c) where- the matter in respect of which the surety was
provided is adjourned sine die or dismissed, as the case
may be;

(d) where the defendant concerned is acquitted or con-
victed, as the case may be.

(2) A surety who wishes to be released from his obliga-
tions under a recognizance-

(a) shall apply in writing for such release to the Court by
which such recognizance was taken; and

(b ) may attend before that Court for the hearing of such
application.

(3) Where a surety is released, the defendant concerned-

(a ) shall forthwith be notified of such release; and

[The inclusion of this page is authorid by LN. !Xh2012]

BAIL

Declaration
of facility
as bail
centre.

Regulations.

Procedure
on 'arrest .
or detention.

(b) may be taken into custody until he provides other surety
or sureties;

(4) Any amount paid pursuant to section 6 (2) (b) shall
be refunded in any of the circumstances specified in para-
graphs (a) to (d) of subsection (I), so, however,.that if a fine is
imposed on conviction of the defendant, that ainount may,
with the defendant's consent, be applied towards payment of
the fine. t

20. The Minister may, by order,declare facility to-be a
bail centre for the purposes of this Act.

*
. .

2 1 . 4 1 ) The Minister may make regul&ions 'ieerie;eially for
giving effect to the provisions and purposes of this Act.

, .

(2) Regulations made under this section shall be subject
to affirmative resolution.

. ,

~'22. Where a person who is arrested or detained is not
charged within twenty-four hours after such arrest or detention,
he shall be brought forthwith before a ~ i s i d e n t Magistrate
or a Justice of the Peace who shall order that the person
be released or make such other order as the Resident
Magistrate or the Justice of the Peace thinks fit, having regard
to the circumstances:

Provided that where an identification parade is required in
relation to that person, the person shall not be brought before
a Resident Magistrate or a Justice of the Peace but the matter

a
shall be referred to a Resident Magistrate or a Justice of the
Peace who shall make any such order in the absence of that
person.

' [me inclusion of this page is authorized by L.N. 92cJ20121

BAIL 1 9

20120 10 FIRST SCHEDULE (Section 1 7 ) S, ~ ( 0 ) .

THE BAIL ACT

Statutory Declaration to be made by a Sure@ or Sureties

Parish.. ...................................

1 the undersigned of ...................................................................
do solemnly and sincerely declare as follows:

]/*We have agreed to offer myself/*ourselves; as surety for.. ................
...................................... -ant in the case
R.v. .....................................................................

In this regard I/*we,acknowledge to owe to the Crown the sum of
........................................... to be levied on my/*our several movable
and immovable property if the said ....................................................
fails in the condition of the recognizance to be entered before
..................... ., .............. Magistrate / Justice of the Peace.

State property and value thereof, relied on in support o f sum specified
above.. ....................................................................................

I/*We hereby declare that no criminal charge is pending against meltus.
............................................................................ Signed:

I/*We make this declaration conscientiously believing the same to be true
and according to the Voluntary Declarations Act, and ]/*we amleare aware
that if there is any statement in this declaration which is false in fact which
]/*we know or believe to be false or do not believe to be true, ]/*we am/*
are liable to fine not exceeding $1 million dollars or to imprisonment not
exceeding 2 years or both.

.............................. ........................................ Signed: ..

~ e c l s e d before me this

20. ........
day of

Signed .....................................................
Magistrale, Justice of the Peace.

Clerk of Courts, Registrar ,,

*Strike whichever is inapplicable. . '

[The inclusion of this page is authorized by LN. 92d2012)

SECOND SCHEDULE (Section 3)

Offences Requiring Special Provision for the Grant of Bail
\

~ c

1. Murder. '

2. Any offence under sections 2 ,3 or 4 of the reason Felony Act.
3. Any offence under section 3 of the Malicious Injuries to Property Act

(arsbn of a dwelling house). s -
a

4. Any offence under section 42A of the Larceny Act (extortion).

5. Any offence under the following provisions of the Fire+s Act, . .
namely- .

(a) section 4 (importation, exportation and transshipm;nt of fire'arms
or ammunition); ~. " a " % , I- . -

(6) section 9'(manufacture or dealing in firearms or ammunition or
prohibited weapons); . -* r

(c) section 10 (acquisition or disposal of firearms or ammunition or
prohibited weapons); . I , s J

(6) section 20 (possession of firearms or ammunition, restricted or pro-
hibited weapons);

(e) section 24 (possession' of firearm or .ammunition with intent to ,
injure); or ' 6 . I *

V) section 25 (use or poskssion of firearm or imitlfion $rearm in cer-
tain circum'stances). I . J (

.
6. Any offence under-the following provisions of the Offences Against the

* , \ Person Act, namely-

(a) section 8 (conspiring or soliciting to commit murder);

(6) section 13 (administeriiig poison or wounding with intent to
murder); , .

(c) section 14 (destroying or damaging building with intent to
murder);

a
(6) section 15 (setting fire to ship, etc. with intent to murder); . ..
(e) section 16 (attempting to administer'poison, etc. with intent to

murder); or

u> section 17 (by other means attempting to commit murder); or

[Ihe inclusion of this page is authorized by LN. 92&012]

BAIL

SECOND SCHEDULE, contd. (Section 3)

(g) shooting or attempting to shoot or wound with intent to do grievous
bodily harm or with intent to resist or prevent the lawful
apprehension or detainer of any person; or wounding with intent,
using a firearm under section 20.

7. Any offence under the following provisions of the Dangerous Drugs
Act, namely-

(a) section 3 (import and export of raw opium and coca leaves);

(b) section 5 (cultivation of opium or coca leaves);

(c) section 6 (import or export of prepared opium);

(d) section 7 (manufacturing, selling, using, etc. prepared opium);

(e) section 7A (import or export of ganja);

V) section 7B (cultivation, selling or dealing in or transporting ganja);

(g) section 8 (hport or export of cocaine, or other applicable drug);

(h) section 8A (cultivating, selling or dealing in or transporting cocaine,
or other applicable drug);

( i ) section 9 (manufacture and sale of cocaine, or other applicable
drug);

(j) section 1 1 (trade in manufacture of new drugs); or

(k) section 21A (using the postal services for drugs).

8. Any offence under section 4 of the Trafficking in Persons (Prevention,
Suppression and Punishment) Act.

9. Any offence under section 10 of the Child Care and Protection Act
(trafficking of children).

10. Any offence under the following provisions of the Offences Against
the Person Act, namely-

(a) section 44 (rape);
(b) section 45, 47, 48 or 50 (procuring defilement of girl under

eighteen; defilement of female, etc.; carnally knowing girl under
twelve; or above twelve and under sixteen, respectively);

(c) section 53 (indecent assault, etc.);
(d) section 56 or 57. (forcible abduction or abduction of girl under

sixteen, respectively);
(e) section 58 (procuration);
( f) section 59 (procuring defilement of women by threats or fraud, or

administering drugs);

[The inclusion of this page is authorized by L.N. 92d20121

'BAIL

SECOND SCHEDULE, contd. (Section 3)

(g) section 60 (abduction of girl under eighteen with intent to have
carnal knowledge);

(h) section 61 (unlawful detention with intent to' have carnal
knowledge);

(3 section 69 (child stealing); or
( j ) .section 70 (kidnapping). .

1 1 . Perverting the course of justice.

[The inclusion of this page is authorid by L.N. 92c/2012]
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