bail and bond poster copyncaj.go.ke/wp-content/uploads/2019/10/bail-and-bond...bail and bond are a...
TRANSCRIPT
POLICE STATION
HARAMBEE
TITLEDEED
All persons are entitled to Bail.
Who qualifies for Bail?
4.
• Personal bond (Free bond)• Bond with surety.
What are the forms of Bond
3b.
• The Court • Officer Commanding Police Station
Who grants Bail?5.
• Land title deeds• Salary payslips• Car logbook• Share Certificates etc.
What forms of securitycan one offer forrelease on Bond?
15.
Bail and bond are a legitimate part of the legalprocess and should not be mistaken for a bribe or afine.
is bail or bond a bribeor a fine?
16.
The court.
Who decides whether ornot it is in the interestof public security?
12.So most people should get Bail?11.
Yes.
Under Article 49 (1)(h) of the Constitution, every person arrested or accused of an offence shall have the right to be released from detention with or without bail unless there are compelling reasons.
1. As soon as possible afterarrest at the policestation or at your firstappearance in court.
When should I get Bail?
6.
1.
On what conditionsis Bail granted?
7.
Bail or bond shall be granted to persons on reasonable conditions unless there are compelling reasons not to.
1. What is release on Bail or Bond?
This is provisional release while awaiting trial.
What is Bail?2a.This is an agreement between a suspect or accused person with the police/court that the suspect/accused person will attend police station/court when required, and that should he/she fail to appear, the court may issue warrants of arrest, and order forfeiture of the amount deposited.
What are the Bail types?2b.• Bail pending investigations • Bail Pending Trial• Bail Pending Appeal• Anticipatory Bail
What is Bond?3a.Bond is an undertaking entered into by an accused person to comply with conditions set by the court as a condition for his/her release while awaiting outcome of investigations or continuing with trial.
What is Personal Bond?
3c.
It is a written agreement in which a person who has been arrested agrees to appear at all required court dates and promises to abstain from breaking the law while the personal bond is in force.
If Bail is granted,what happens?
14.
You can go home and carry on with your life until the date when you must return to court for the next mention or hearing.The security posted is left with the court as assurance of court attendance.
8. What are the reasonsto grant Bail?
• Person has a permanent physical address
• Person has close ties with the community
• Person is not a flight risk• Person shall not fail to attend court.
What are the reasonsto deny Bail?
9.
• Interference with investigations• Witness interference• Public interest• Protection of accused person• Endangering the public and the
victim.
ABOUT BAIL AND BOND
What if I’m denied Bail?10.
• You have a fixed abode and can prove strong community links
• You can call someone to stand surety • You can live away from where the
crime was committed• That you will show up for your trial.
Ask for review in the same court or appeal the decision. You have to satisfy the court that for instance:
What are the consequencesof failing to attend Court?
13.
The accused person may be re-arrested without warrant. Bail previously issued would then be forfeited as directed by the court.
For more info, send an email to: [email protected]
Or visit www.judiciary.go.ke
Mar
ch 2
019
Funded by the European Union
UNODCUnited Nations Office on Drugs and Crime