TYPES AND LEVELS OF BAIL

Definition of terms

Bail is an agreement between an accused person or his/her sureties and also the court that the accused
person will attend court when required, which should the accused person abscond, additionally to the
court issuing warrants of arrest, a sum of cash or property directed by the court to be deposited, are
going to be forfeited to the court.

Bond is an undertaking, with or without sureties or security, entered into by an accused person in
custody under which he or she binds him or herself to adjust to the conditions of the undertaking and if
in default of such compliance to pay the quantity of bail or other sum fixed within the bond.

Bond and surety. In other instances, the court may require you to provide sureties. Surety are presented
in court and examined to make sure they understand their obligation and responsibility towards the
suspect. The one that acts as surety is charged with ensuring the suspect appears in court. The one that
agrees to be surety is required to sign a document where they conform to forfeit a specific amount of
cash if the suspect absconds.

TYPES OF BAIL

1. Pre- trial bail. This applies where an accused person is arrested pending a charge or
arraignment in court to take plea. At the station, a suspect could also be released on cash bail,
with or without sureties, or personal (free) bond or recognizance. The police force Standing
Orders require the officer in charge of a the station [OCS] to release suspect arrested on a
minor charge on the security of cash bail, as a general rule, unless the officer has good grounds
for believing that the arrested person won't attend court when required to do so. Where the
accused person violates bail or bond terms, the police are obligated to cancel the bail or bond,
re-arrest the accused person and take him or her to court.

2. Bail pending trial. This applies after an accused person is presented before court to take plea. If
the accused person takes a plea of ‘not -guilty’, the court releases the accused person on bail or
bond pending trial. In this case, the burden of proof lies on the prosecution to determine the
existence of compelling reasons that will justify the denial of bail, or the imposition of suitable
bail or bond terms and conditions.

3. Bail pending appeal. This applies after an accused person is found guilty of the charge(s)
preferred against him or her after trial and also the aggrieved party seeks to be released on bail
or bond pending hearing of their appeal. It’s only granted in exceptional situations because the
presumption of innocence does not exists. The burden is on the accused person to prove
chances of success in their appeal.

4. Anticipatory bail. It is given to an individual pending their arrest, provided the applicant
demonstrates that their right to liberty is probably going to be compromised or breached
unlawfully by an organ of the state that's purported to protect this right as enshrined in Article
258(1) and 165(3) (b) of the Constitution. Persons admitted to anticipatory bail are free from
any arrests but are mandated to report and cooperate with the investigative authorities.