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Basic Facts You Need To Know About Bail - Crime - Nairaland

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Basic Facts You Need To Know About Bail by TyLegal: 5:44pm On Dec 16, 2015
In law, it is presumed that everyone is innocent until found guilty. However, in this age of social media trial, the reverse seems to be the case. Even though a person is alleged to have committed an offence, it does not necessarily mean he actually committed the offence. It also does not mean he did not commit the offence. It is left for the courts to determine whether or not he committed the offence.

A person who has been accused of a crime is still entitled to bail pending when the courts actually decides on his innocence or otherwise.

Bail is simply when a person who is arrested for allegedly committing a crime is released on short term but must make himself available whenever his presence is required. The bail is a form of security/undertaking/guarantee and the person is usually delivered to another person known as the surety who will make sure that he (the accused) is always available whenever needed. The security is usually in the form of a cash deposit or a bond.

The general rule is that anyone who is arrested must be brought before a court within a reasonable time or be released on bail. Reasonable time is 24 hours after arrest if the court is within 40kilometers from the police station and 48 hours if the court is far from the police station.

When a person is granted bail, it does not mean the person has been set free. It is simply to grant him his freedom and release him from police/prison custody but also ensure that he is present in court for his trial. This is because investigations at the police station or court trials usually take a long period of time so bail is necessary so that the person’s constitutional right to freedom of movement is not violated. It also reduces congestion of prisons and does not allow innocent people or those awaiting trial to be imprisoned unnecessarily.

The freedom granted by bail is temporary; it will only last while the police investigations, the court case or the appeal is ongoing. The bail expires once the case is over so the accused either goes to prison (if he is found guilty) or walks free (if he is innocent). If the accused person fails to come to court for his trial, the bail can be withdrawn and a bench warrant will be issued to arrest the person.

But if the accused can prove that he was absent from court due to no fault of his, the bail may not revoked. For example, if the accused person was kidnapped while on bail and was unable to attend court, it is clearly not his fault and the bail will not be revoked.

Bail conditions should be given such that the accused will find it difficult to run away. Still, the bail conditions should not be so stiff that it is difficult for the accused to meet the conditions. There was a case where the bail conditions included getting a first class traditional ruler as a surety, it was considered to be a very stringent condition.

The main essence of granting bail is to give the accused his freedom pending when it is determined that he is actually guilty. So if the bail conditions are very stiff and stringent, it would seem that the court is denying him his constitutional right; giving out with one hand and taking back with the other hand.

It is advisable to get a lawyer when applying for bail so if the bail conditions are too stiff, the lawyer can appeal for a review of the bail conditions.
[url][/url]www.tylegal.com

1 Like

Re: Basic Facts You Need To Know About Bail by ksstroud: 5:45pm On Dec 16, 2015
Alright
Re: Basic Facts You Need To Know About Bail by Drniyi4u(m): 5:47pm On Dec 16, 2015
OKAY
Re: Basic Facts You Need To Know About Bail by Lattop(m): 5:51pm On Dec 16, 2015
Now I Knw Why Dopepeksi Will Remain In Jail grin
Re: Basic Facts You Need To Know About Bail by minifuworld: 5:56pm On Dec 16, 2015
TyLegal:
In law, it is presumed that everyone is innocent until found guilty. However, in this age of social media trial, the reverse seems to be the case. Even though a person is alleged to have committed an offence, it does not necessarily mean he actually committed the offence. It also does not mean he did not commit the offence. It is left for the courts to determine whether or not he committed the offence.

A person who has been accused of a crime is still entitled to bail pending when the courts actually decides on his innocence or otherwise.

Bail is simply when a person who is arrested for allegedly committing a crime is released on short term but must make himself available whenever his presence is required. The bail is a form of security/undertaking/guarantee and the person is usually delivered to another person known as the surety who will make sure that he (the accused) is always available whenever needed. The security is usually in the form of a cash deposit or a bond.

The general rule is that anyone who is arrested must be brought before a court within a reasonable time or be released on bail. Reasonable time is 24 hours after arrest if the court is within 40kilometers from the police station and 48 hours if the court is far from the police station.

When a person is granted bail, it does not mean the person has been set free. It is simply to grant him his freedom and release him from police/prison custody but also ensure that he is present in court for his trial. This is because investigations at the police station or court trials usually take a long period of time so bail is necessary so that the person’s constitutional right to freedom of movement is not violated. It also reduces congestion of prisons and does not allow innocent people or those awaiting trial to be imprisoned unnecessarily.

The freedom granted by bail is temporary; it will only last while the police investigations, the court case or the appeal is ongoing. The bail expires once the case is over so the accused either goes to prison (if he is found guilty) or walks free (if he is innocent). If the accused person fails to come to court for his trial, the bail can be withdrawn and a bench warrant will be issued to arrest the person.

But if the accused can prove that he was absent from court due to no fault of his, the bail may not revoked. For example, if the accused person was kidnapped while on bail and was unable to attend court, it is clearly not his fault and the bail will not be revoked.

Bail conditions should be given such that the accused will find it difficult to run away. Still, the bail conditions should not be so stiff that it is difficult for the accused to meet the conditions. There was a case where the bail conditions included getting a first class traditional ruler as a surety, it was considered to be a very stringent condition.

The main essence of granting bail is to give the accused his freedom pending when it is determined that he is actually guilty. So if the bail conditions are very stiff and stringent, it would seem that the court is denying him his constitutional right; giving out with one hand and taking back with the other hand.

It is advisable to get a lawyer when applying for bail so if the bail conditions are too stiff, the lawyer can appeal for a review of the bail conditions.
[url][/url]www.tylegal.com
thanks! So in the case of dokpesi who was ask to deposite 40m is the money refoundable after the case whether the person is guilty or not
Re: Basic Facts You Need To Know About Bail by kossyablaze(m): 5:58pm On Dec 16, 2015
So d bail money,who dey pocket am?
Re: Basic Facts You Need To Know About Bail by TyLegal: 7:04pm On Dec 16, 2015
'Bail money' is not paid until the accused jumps bail. But as long as the accused is always present in court and does not escape, there will be no need to pay any money. If the accused runs away, the person that stood as a surety for him will have to forfeit any money or property he used as a guarantee. So the accused has the task of ensuring that the accused does not run away.
Re: Basic Facts You Need To Know About Bail by Codeblues(m): 4:25am On Dec 17, 2015
Good info.
Re: Basic Facts You Need To Know About Bail by rifasenate11(m): 5:15am On Dec 17, 2015
there are 2 major types of bail

1) the bail you are granted at the law court.
2) the bail that Nigerian police grants innocents that they arrested unlawfully,

if you are granted bail by the court, you are free, if you are granted bail by the police, there are 4 thing involved....

1) the bail that you "buy" (without receipt) after they came to your street and arrest 260 guys because, someone was killed 300 miles away, they will be calculating 5k per head by 260 guys

2) the bail that you "buy"(without receipt) when someone falsely accused you and called police for you and after everything they discovered that you are innocent, but you still have to bail yourself out.

3) the bail that you "buy" when you are doing your white wedding or traditional occasion and the police happens to be passing-by the venue, they will enter and eat your food,drink your wine and still you will find something for them.

4) the bail that you buy by giving them #20 roger at the checkpoint for driving under Air-condition, while they are standing under the scorching sun purposely waiting for drivers that are driving with AC on a very hot afternoon.

5) don't know if i have to continue or stop..

2 Likes

Re: Basic Facts You Need To Know About Bail by dotsdavidson(m): 10:57am On Jul 14, 2016
I am a suretee to a sister who has absconded. What will happen to me? Will I be arrested? The bail bond is #500,000.
Re: Basic Facts You Need To Know About Bail by doskie(m): 8:13pm On Nov 13, 2016
TyLegal:
In law, it is presumed that everyone is innocent until found guilty. However, in this age of social media trial, the reverse seems to be the case. Even though a person is alleged to have committed an offence, it does not necessarily mean he actually committed the offence. It also does not mean he did not commit the offence. It is left for the courts to determine whether or not he committed the offence.

A person who has been accused of a crime is still entitled to bail pending when the courts actually decides on his innocence or otherwise.

Bail is simply when a person who is arrested for allegedly committing a crime is released on short term but must make himself available whenever his presence is required. The bail is a form of security/undertaking/guarantee and the person is usually delivered to another person known as the surety who will make sure that he (the accused) is always available whenever needed. The security is usually in the form of a cash deposit or a bond.

The general rule is that anyone who is arrested must be brought before a court within a reasonable time or be released on bail. Reasonable time is 24 hours after arrest if the court is within 40kilometers from the police station and 48 hours if the court is far from the police station.

When a person is granted bail, it does not mean the person has been set free. It is simply to grant him his freedom and release him from police/prison custody but also ensure that he is present in court for his trial. This is because investigations at the police station or court trials usually take a long period of time so bail is necessary so that the person’s constitutional right to freedom of movement is not violated. It also reduces congestion of prisons and does not allow innocent people or those awaiting trial to be imprisoned unnecessarily.

The freedom granted by bail is temporary; it will only last while the police investigations, the court case or the appeal is ongoing. The bail expires once the case is over so the accused either goes to prison (if he is found guilty) or walks free (if he is innocent). If the accused person fails to come to court for his trial, the bail can be withdrawn and a bench warrant will be issued to arrest the person.

But if the accused can prove that he was absent from court due to no fault of his, the bail may not revoked. For example, if the accused person was kidnapped while on bail and was unable to attend court, it is clearly not his fault and the bail will not be revoked.

Bail conditions should be given such that the accused will find it difficult to run away. Still, the bail conditions should not be so stiff that it is difficult for the accused to meet the conditions. There was a case where the bail conditions included getting a first class traditional ruler as a surety, it was considered to be a very stringent condition.

The main essence of granting bail is to give the accused his freedom pending when it is determined that he is actually guilty. So if the bail conditions are very stiff and stringent, it would seem that the court is denying him his constitutional right; giving out with one hand and taking back with the other hand.

It is advisable to get a lawyer when applying for bail so if the bail conditions are too stiff, the lawyer can appeal for a review of the bail conditions.
[url][/url]www.tylegal.com
you wrote precisely about court bail. What about police station bail.
Re: Basic Facts You Need To Know About Bail by ifyan(m): 12:32am On Nov 14, 2016
This is one of the reasons I love NL.

Thank you guys

(1) (Reply)

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