A common question lawyers get asked a lot when someone is arrested is that “When can we bail the person out?”
So, what is Bail in UAE? Bail is a legal process that permits the release of an accused person while awaiting trial if he is not charged with a major crime.
Who has the authority to grant bail in UAE?
The authority to grant bail depends on the stage of the criminal proceedings. If the case is with the police, they may grant bail before transferring the case to the Public Prosecution. Once the case has been transferred to the Public Prosecution, they have the authority to grant bail before transferring the case to the court for trial. Lastly, if the case has already reached the court, the judge may grant bail before issuing the final judgment.
When can an accused get bail?
An accused person can get bail:
- By the public prosecution or the court If he is accused of a crime not punishable by death penalty or life imprisonment, and if he gets decision from the prosecution to release.
- If he provides security for bail.
- An accused may be granted bail by the public prosecution either by its own decision or upon a request put forward by the accused.
What sort of security must be provided in order to obtain bail?
If an accused is released on bail, he is required to submit a guarantee which will assure his presence during the investigation. It can be:
- Personal Security: The accused may be released by imposing travel ban on him.
- Financial Security: The accused may be required to keep some amount as a guarantee to get bail. There is no fixed amount as such but it is left to the discretion of the public prosecution or the court, as the case may be.
- Third party Guarantor– A third party can also be a guarantor on behalf of the accused, and can be asked to keep his passport for security.
Liabilities of Bail Guarantor:
To be released on bail, the accused and the bail guarantor must sign a bail bond. The information of the accused, the charges against him, and the bail guarantor are all contained in the filed bail bond. It also specifies the terms under which the accused is released on bond and the consequences for breaking those terms. The guarantor pledges to ensure the accused’s attendance at all times once the bail bond is signed. The guarantor will be held legally and criminally liable for the accused in the event that they flee or violate the terms of their bail.
The guarantor will be required to pay the legal amount if the accused is found to be in arrears and must pay any penalty. As a result, before accepting the role of guarantor, he or she must confirm that they are aware of the repercussions in the event that the accused defaults.
The Bail Guarantor gets released from his/her obligation, once the case is closed or dismissed. And at this point, the financial guarantees deposited for security are returned.
Seek legal advice right away.
It is important to seek the assistance of a competent lawyer who has experience in UAE law.
Keep in mind, this information that we have cited is general in nature and may not fit your situation exactly. Every case is different hence getting help from an attorney to deal with your particular case is crucial.
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