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What are the conditions or considerations for granting bail?
In deciding whether bail should be granted or not, the Court takes into account the following matters.
Must money be paid before one is released on bail?
The accused is bound to pay a sum of money fixed at the discretion of the court if he or she fails to appear for trial. The sum can be in cash or bond. Where the sum fixed is in a bond form, then no cash is paid but in case the accused fails to appear before court, he is bound to pay the bonded sum on his or her arrest. Where money is paid in cash, a receipt must be given.
What happens if bail is not granted?
The reasons for refusing bail must be given and the applicant informed of the right to apply to the Chief Magistrate or High Court.
Must bail be granted with sureties?
Courts have power to grant bail with or without sureties. In addition to sureties, the Court may ask the accused to deposit with it an important document such as a passport, a land title or any article it deems valuable or important enough to compel the owner to turn up for trial
Who is a surety?
A surety is a person who gives a guarantee to court that the accused will turn up for his or her trial if released on bail. He accepts the responsibility to pay a fixed sum of money to government if the accused does not appear. He must be an adult of sound mind and of good standing in society.
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