Criminal Procedure Code

Section 1 Bail Bond

Art 63. Principle

(1) Whosoever has been arrested may be released on bail where the offence with which he is charged does not carry the death penalty or rigorous imprisonment for fifteen years or more and where there is no possibility of the person in respect of whom the offence was committed dying.

(2) No person shall be released on bail unless he has entered into a bail bond, with or without sureties, which, in the opinion of the court, is sufficient to secure his attendance at the court when so required to appear.

(3) Nothing in this Article shall affect the provisions of Art. 67.

Art.64.--Application for bail.

(1) A person under arrest may at any time apply for bail.

(2) The application shall be made in writing and signed by the applicant. It shall contain a summary of the reasons for making the application and the nature of the bail bond the applicant is prepared to enter into.

(3) An application for bail may be granted by any court.

Art.65. -- Court may direct by endorsement on warrant security to be taken.

(1) Any court issuing a warrant for the arrest of any person may, in its discretion, direct by endorsement on the warrant that if such person enters into a bail bond on the terms laid down by the court, the police officer to whom the warrant is directed by the court shall take such security and shall release such person from custody.

(2) The endorsement shall state:

(a) The amount to be guaranteed and the guarantors. If any; and

(b) The time at which the person released is to attend before the court.

(3) Where a bail bond is entered into as required under this Article, the police officer to whom the warrant is directed shall release the arrested person and forward the bond to the court.

Art.66. -- Decision on application for bail.

Any court to which an application for bail is made shall consider it without delay and shall call upon the prosecutor or the investigation police officer in his absence for comments and recommendations. It shall make its decision within 48 hours.

Art.67. -- Bail not allowed

An application for bail shall not be allowed where:

(1) the applicant is of such nature that it is unlikely that he will comply with the conditions laid down in the bail bond;

(2) The applicant, if set at liberty, is likely to commit other offences;

(3) The applicant is likely to interfere with witnesses or tamper with the evidence.

Art.68 -- Bail allowed.

Where the application is allowed, the court shall fix the conditions on which bail is granted.

Art.69.-- Amount to be secured.

(1) The choice of the guarantors and the amount to be guaranteed shall be in the discretion of the court.

(2) The court shall decide such matter having regard to:

(a) the seriousness of the charge: and

(b) the likelihood of the accuser's appearance: and

(d) The resources of the accused and his guarantors.

(3) Any decision granting or refusing the application shall be in writing and shall give reasons.

Art.70.—Obligations of guarantors.

(1) Unless otherwise expressly provided in the bail bond the guarantor shall be responsible for securing the appearance of the person released on bail at any time and place to which during the course of the proceedings the hearing may from time to be adjourned.

(2) Nothing herein contained shall affect the provisions Art. 77 and 78.

(3) Where the guarantor of a bail bond dies, his guarantee shall lapse. Any recognizance which has been deposited shall be returned to the guarantor’s personal representative. The person released on bail may be required to produce new sureties.

Art.71.—Duration of bail bond.

(1) The bail bond shall be in the form prescribed in Third Schedule to this Code.

(2) The bail bond shall remain in force for such period as shall be fixed by the court but may be extended from time to time by the court.

(3) Where the charge against the person released on bail is withdrawn the court shall discharge the bail bond.

Art.72.—Release.

When the bail bond has been entered into and all formalities complied with, the accused shall be released from custody.

Art.73.—Mistake or fraud.

(1) If through mistake, fraud or otherwise, insufficient sureties have been accepted the court may issue a warrant for the arrest of the person released on bail and when such person appears, the court may order him to find sufficient sureties.

(2) Where he refuses or is unable to do so, the court shall order that he be remanded.

Art.74.—New facts.

Where certain facts are disclosed which were unknown when bail was granted, the court may at any time of its own motion or on application reconsider the conditions on which bail has been granted and may order the released person to produce new, sureties or to be remanded.

Art.75.—Application to court of appeal where bail refused.

(1) Where bail has been refused by a court, the accused may apply in writing within twenty days against such refusal to the court having appellate jurisdiction under Art. 182(1) to grant bail. The application shall set forth concisely the reasons why bail should be granted .

(2) The court of appeal after considering the application shall dismiss the application or grant bail on such conditions as it shall fix. No appeal shall lie against a decision given by the court of appeal under this Article.

LawCodes

BOOK II 8

BOOK II 8