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Bail Act 2000 - Granting Bail

WHO CAN GRANT BAIL SECTION 3(1) of the Act lists the persons who are capable of granting bail and these persons are: A Court i.e. Judge or Resident Magistrate A Justice of the Peace Police Officer SECTION 3(2) of the Act stipulates that no person shall be held in custody for longer than twenty-four hours without the question of bail being considered. It is clear from this section that although bail may be considered there is no guarantee bail will be granted. The Judge, Justice of the Peace or Police Officer has a discretion to grant or refuse bail. BAIL SHOULD BE GRANTED WHERE: 1. Defendant is not charged with an offence punishable by imprisonment. 2. Note that there are exceptions – eg. Defendant is a juvenile or safety of the defendant is threatened WHEN MAY BAIL BE DENIED? It is important to note the language of section 4(1) as it says bail “may be” not “shall be” denied. The authorities have a discretion to exercise. And this is understandable because circumstances in cases...