Part 2 - Granting of bail and admission to bail - Misc final provisions Flashcards
16 - Extension of bail
(1) every bail undertaking can, with the consent of any persons offering themselves as sureties, contain provisions for extension without any further surety consent upon such postponements/adjournments directed from time to time.
This is without prejudice to the right of any person offering himself as surety to elect to be bound with respect to undertaking which may be extended only with his consent given at time of extension.
No BDM shall refuse to admit person to bail only on ground that the person offering themselves as surety has so elected.
(2) Where hearing is adjourned/postponed the time/place for commencement of sitting of adjourned date shall be stated openly in court. Court (a) with surety consent (b) without consent of surety, if undertaking so provides, court can extend bail and then person shall be bound to attend at that new time without fresh undertaking and sureties bound accordingly, OR, court can make such order as to bail and as to remand of person charged in custody until bail forthcoming as court thinks fit.
(3) where person remanded in custody/safe custody during adjournment or released on bail and court’s satisfied
(a) if A remanded in custody/safe custody, the A is by reason of illness, accident or other sufficient cause unable to attend personally, or
(b) if A released on bail, the A is not present for sufficient cause,
on required date of attendance, court can in absentia order further remand/safety custody as court thinks fit and can order undertaking to be extended so as to require the attendance of the A at every time/place to which A is remanded or hearing adjourned.
(4) endorsement on undertaking to effect it’s been extended by Court pursuant to provisions of section and stating revised time and place for attendance and signed by the person constituting the court shall be proof until contrary shown that bail was extended.
16A written notice of extension of bail
Court extending bail must give written notice to accused/sureties:
(a) re bail extension in absentia (b) date/time/place at which accused is bound to attend (c) consequences of failure to attend at time and place.
16B Capacity of child to enter into undertaking
If in BDM’s opinion, the child doesn’t have capacity/understanding to enter undertaking, the child may be released on bail if the child’s parent/some other person enters undertaking, in any amount BDM thinks fit, to produce child at venue of court to which hearing adjourned or to which child is committed for trial.
17 Written notice of conditions of bail
(1) A BDM admitting an A to bail shall give the A notice in writing setting forth obligations of the A re: his bail conditions and consequences of non-compliance and shall be satisfied before releasing the A that he understands the nature/extent of the conditions of his bail and the consequences of non-compliance.
(2) A BDM admitting A to bail with sure(ties) for attendance and surrender into custody shall cause to be given to them notice in writing of the obligations of the A concerning bail conditions and consequences of non-compliance and shall be satisfied before releasing the A that the sure(ties) understand the nature/extent of the accused’s obligations under bail conditions and consequences of non-compliance.
