How do bail and personal bonds work after an arrest?

Police bail and court bail

Bail allows a person to be released from custody while investigations or court proceedings carry on. Police bail is offered by the police or another enforcement agency after an arrest and before any charge. It often means you may be called back to the station as the investigation continues.

Court bail is set by the court once you are charged. The court can offer fresh bail or extend the police bail, and bail can be extended when the case is adjourned.

Which offences allow bail

Most offences are bailable. For offences treated as non-bailable, the police or court has discretion whether to release the person. Offences punishable with death or life imprisonment are not eligible for bail at all.

When setting the amount, the court looks at things such as how serious the offence is, the punishment it carries, the accused person’s character and standing, and whether they have previous convictions.

The bailor

A bailor, also called a surety, is the person who stands as guarantor that the accused will attend every investigation appointment and court date. Bail applications at the State Courts are handled by the Bail Centre at the Crime Registry.

Firms describe the bailor as someone over 21 who is not bankrupt and is not facing criminal proceedings themselves. There are also residency requirements, so check who qualifies before you go. The court can reject a proposed bailor.

One firm explains that for bail of $15,000 and below, personal property such as jewellery may be accepted as security, while bail above $15,000 must be backed by cash or cash equivalents such as fixed deposits. Another firm likewise describes cash or personal property being accepted generally up to $15,000.

Personal bonds

In some cases the police or court may release a person on a personal bond instead. Here the accused signs the bond for a sum of money themselves, without a third-party bailor, and is still bound to attend when called.

Conditions of bail

Common conditions include:

• surrendering your passport or other travel documents
• not leaving Singapore without permission
• attending investigations and court as required
• not committing any offence while on bail
• not interfering with witnesses

If the accused does not turn up

If the accused fails to attend, a warrant of arrest may be issued and the bail money may be forfeited. The bailor can try to show the court a good reason why it should not be forfeited.

A bailor who no longer wishes to act can apply to be discharged. The accused is then taken back into custody until someone else stands bail. If bail is refused or set too high, the decision can be taken to the High Court for review. This guide is general information only.