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Basic Facts You Need To Know About Bail

Toyin Omoniyi
5.12k views;
Posted on December 16, 2015;

In law, it is presumed that everyone is innocent until found guilty. However, in this age of social media trial, the reverse seems to be the case. Even though a person is alleged to have committed an offence, it does not necessarily mean he actually committed the offence. It also does not mean he did not commit the offence. It is left for the courts to determine whether or not he committed the offence.

A person who has been accused of a crime is still entitled to bail pending when the courts actually decides on his innocence or otherwise.

Bail is simply when a person who is arrested for allegedly committing a crime is released on short term but must make himself available whenever his presence is required. The bail is a form of security/undertaking/guarantee and the person is usually delivered to another person known as the surety who will make sure that he (the accused) is always available whenever needed. The security is usually in the form of a cash deposit or a bond.

The general rule is that anyone who is arrested must be brought before a court within a reasonable time or be released on bail. Reasonable time is 24 hours after arrest if the court is within 40kilometers from the police station and 48 hours if the court is far from the police station.

When a person is granted bail, it does not mean the person has been set free. It is simply to grant him his freedom and release him from police/prison custody but also ensure that he is present in court for his trial. This is because investigations at the police station or court trials usually take a long period of time so bail is necessary so that the person’s constitutional right to freedom of movement is not violated. It also reduces congestion of prisons and does not allow innocent people or those awaiting trial to be imprisoned unnecessarily.

The freedom granted by bail is temporary; it will only last while the police investigations, the court case or the appeal is ongoing. The bail expires once the case is over so the accused either goes to prison (if he is found guilty) or walks free (if he is innocent). If the accused person fails to come to court for his trial, the bail can be withdrawn and a bench warrant will be issued to arrest the person.

But if the accused can prove that he was absent from court due to no fault of his, the bail may not revoked. For example, if the accused person was kidnapped while on bail and was unable to attend court, it is clearly not his fault and the bail will not be revoked.

Bail conditions should be given such that the accused will find it difficult to run away. Still, the bail conditions should not be so stiff that it is difficult for the accused to meet the conditions. There was a case where the bail conditions included getting a first class traditional ruler as a surety, it was considered to be a very stringent condition.

The main essence of granting bail is to give the accused his freedom pending when it is determined that he is actually guilty. So if the bail conditions are very stiff and stringent, it would seem that the court is denying him his constitutional right; giving out with one hand and taking back with the other hand.

It is advisable to get a lawyer when applying for bail so if the bail conditions are too stiff, the lawyer can appeal for a review of the bail conditions.

http://www.tylegal.com

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