Diploma in Police and Security Studies: The Bail Process in Singapore

This report provides a detailed overview of the bail process in Singapore, covering various aspects of the legal procedure. It begins with an introduction to bail, explaining its definition and purpose, and then delves into the authorities that can grant bail, including police and courts. The report clarifi...Read More

Running head: DIPLOMA IN POLICE AND SECURITY STUDIES
Diploma in Police and Security Studies
Name of the Student
Name of the University
Author Note

1DIPLOMA IN POLICE AND SECURITY STUDIES
Table of Contents
Introduction......................................................................................................................................2
The authority who can grant the bail...............................................................................................2
When the Bail can be granted..........................................................................................................3
The eligibility of the Bailor or Surety..............................................................................................3
The amount of bail...........................................................................................................................4
The steps of the bail bond proceedings............................................................................................4
Restrictions imposed on the accused who will release on Bail.......................................................5
Consequences of Breaching the Bail...............................................................................................6
Reference.........................................................................................................................................7

2DIPLOMA IN POLICE AND SECURITY STUDIES
Bail process in Singapore
Introduction
Bail is the process of a security, which is provided to a person who is known as surety or
bailor for the release of the accused person. The police or the court can offer the bail. It is only
able to proceed when the bailor can assured about regular attendance by the accused according to
the order of the court.
The accused has been released from the custody when the bailor takes the sureties about
to produce the accused person according to the order of the court. Therefore, the bailor will be
responsible for the attendance of the accused in the Court. The security for bail is accomplished
with the form of cash amount. The amount will be deposited in the property of the court, which
is pledged as guarantee or security amount by the bailor or the surety (Statecourts.gov.sg 2018).
However, in the offences of punishable like imprisonment for life or death, bail is not
granted on those matters. However, the most offenses are found bailable.
The authority who can grant the bail
The police, court or the person, other law enforcement officers and who is not ranked
below the sergeant are entitled with the powers to grant the bail. The bailor or surety can
provided the security amount to the court or to the police by ensuring that the accused person
was released according to the terms of bail. He or she will be returned to the court or police
station if any required doing so (Supremecourt.gov.sg 2018).

3DIPLOMA IN POLICE AND SECURITY STUDIES
When the Bail can be granted
The offenses can be divided into two ways, which are bailable and non-bailable offences.
The bail is a process where it offers the right for mostly bailable offences. The bail can be
granted if the accused has committed a bailable offense. It does not mean that bail is not granted
for the non-bailable offences (Statecourts.gov.sg 2018). When the court or police discretion the
decision, the bail can be granted. The basic facts are:
 When the gravity and nature of the offence has been changed
 When the court or police has found that there are enough reasonable grounds to grant the
bail
 The degree and severity of punishment may follow the circumstances
 The characteristics, nature and standing of the accused
 When the court found that granting the bail may provide adequate opportunity to prepare
his defense
According to the First Schedule of the Criminal Procedure Code, the offenses of bailable or
non-bailable have been referred (Statecourts.gov.sg 2018). The accused can be granted police
bail after the arrest procedure and before he was charged in the court proceedings. In this
process, until the case is being concluded, the police bail may be granted or court can ordered for
fresh bail. After the bail is granted, the accused will sign the bail bond by a surety or bailor. If
the bail is nor proceed within the same day, then the accused will be imprisoned again until the
next appearance of the proceedure to the court (Supremecourt.gov.sg 2018).
The eligibility of the Bailor or Surety
The person who will be stand as bailor must consisted with some requirements. Those are:

4DIPLOMA IN POLICE AND SECURITY STUDIES
 The person must be a Singapore citizen
 must be aged about 21 years
 Must not a suffered bankruptcy
 Does not have any pending criminal proceeding against that person
 The suitability of a security is subjected to the discretion of the court
The amount of bail
There is a fixed amount for the bail procedure. The police or the court who will grant the bail
for the accused has been processed it as per the discretion. When the bail has found as not be
punitive, the amount of bail must be enough which will secure the accused attendance in court. If
the accused cannot effort to put up the bail amount, then he will be remanded (Statecourts.gov.sg
2018). The court has been considered several factors where it can decide the amount of bail. The
factors are:
 The likelihood of the accused absconding if the amount is too low
 the gravity and nature of the offence
 the degree of punishment and severity where the conviction has been entitled
 the nature or character of the accused
 the nature of the offense
 whether the accused presented himself at police station and cooperate with the police
The steps of the bail bond proceedings
The bail sum does not exceed the amount of $15,000, in that matter the personal property
items may be used as proof of their presence. It may include the household things or jewellery,

5DIPLOMA IN POLICE AND SECURITY STUDIES
which must belongs to the bailor or the surety. However, in those cases, where the bail bond
amount exceeds $15,000, the bailor or surety will provide cash or the cash equivalents like fixed
deposits or saving accounts as security for bail (Statecourts.gov.sg 2018).
Restrictions imposed on the accused who will release on Bail
There are several mandatory conditions are applicable when the accused is released under a
bail surety. Those are:
 The accused must executed the bail bond and pay the amount according to the order by
the court or police.
 The conditions will be imposed on that accused where he or she will be released and will
present according to the mentioned date, time and place.
 The accused is not allowed to leave Singapore without the permission of the court or
police officers
 If the accused wants to take the permission, he or she will register the matter in writing in
the presence of the surety.
 the police or court can grant the bail if the accused surrender the travel documents
 must surrender himself or herself to the custody make himself available for the
investigation by the police or court
 Must not commit any offence while after he or she has been released under the bail bond
 Must not interfere with any of the witnesses who are related with the case investigations

6DIPLOMA IN POLICE AND SECURITY STUDIES
Consequences of Breaching the Bail
If the accused fails to satisfy the terms of bail bond, he or she may face the consequences.
If the accused fails to appear before the court or police officer within the stipulated time and date
then the court, will issues a warrant of arrest against the offender him or her
(Supremecourt.gov.sg 2018). The accused may get a notice to show case where the bailor or
surety will explain to the court the reasonable grounds regarding to the breach of the terms. If the
bail bond sums are provided to the court, then the court will proceed to recover the sum along
with the warrant attachment and may sale the property that is belongs to the bailor or surety. If
the sum has not recovered according to the terms, then the bailor or surety may be imprisoned for
next 12 months (Statecourts.gov.sg 2018).
However, for the statutory declaration when the accused is not able to surrender his or her
passport as per the condition of bail, then it has been produced through the First Schedule to the
Oaths and Declarations Act.

7DIPLOMA IN POLICE AND SECURITY STUDIES
Reference
Hwang, M. and Menon, D., 2016. Singapore Country Update. Asian Dispute Review, 18(4),
pp.202-210.
Lo, S.H., 2016. The criminal court system. Understanding Criminal Justice in Hong Kong.
Mohamed Faizal, M.A.K. and Lee, J.N., 2015. Criminal procedure, evidence and sentencing.
Singapore Academy of Law Annual Review of Singapore Cases, (Annual Review 2015), p.396.
Schmalleger, F., Donaldson, S., Kashiwahara, K., Koppal, T., Chase, S., Brown, A., Jarriel, T.
and Marash, D., 2014. Criminal justice today. Prentice Hall.
Statecourts.gov.sg. 2018. Bail matters. [online] Available at:
https://www.statecourts.gov.sg/CriminalCase/Pages/Bail-matters.aspx [Accessed 19 Jan. 2018].
Supremecourt.gov.sg. 2018. Bail. [online] Available at:
https://www.supremecourt.gov.sg/rules/court-processes/criminal-proceedings/types-of-criminal-
proceedings/bail [Accessed 19 Jan. 2018].