- Bail involves a third party (a surety or bailor) guaranteeing the accused’s court attendance by pledging a sum of money.
- Personal Bond is when the accused personally pledges the money without a surety.
Eligibility for Release
- Bailable offences: The accused has a right to be released on bail, personal bond, or both—unless specific conditions apply (e.g., flight risk).
- Non-bailable offences: Release is at the discretion of the police or court. No bail is granted for offences punishable by death or life imprisonment.
To check if an offence is bailable, refer to the First Schedule, Criminal Procedure Code.
Types of Release for Bailable Offences
- Bail – with surety.
- Personal Bond – without surety.
- Both – bail plus personal bond.
Even in bailable cases, release may be denied if the court believes the accused might flee, interfere with justice, or skip court.
Non-Bailable Offences
- Bail can still be granted based on factors such as:
- Offence severity,
- Likelihood of guilt,
- Risk of absconding,
- Accused’s background,
- Length of detention, etc.
- Offence severity,
- If the offence is punishable by 7 years or less and the prosecution consents, the accused may be released on personal bond.
If there’s no reasonable belief the accused committed the offence, they must be released.
Determining the Bail Amount
- Set by police or court and should ensure court attendance without being punitive.
- Factors include flight risk, offence seriousness, cooperation, and criminal history.
Posting Bail or Personal Bond
- Done at the Bail Centre in State Courts.
- Non-monetary bail (≤$15,000): Personal property like jewelry can be pledged.
- Monetary bail (> $15,000): Cash or equivalents (e.g., fixed deposits).
- Certain items like credit cards, CPF funds, or property cannot be used as security.
Who Can Be a Surety?
- Must be a Singaporean or PR, 21+, not bankrupt, and have no ongoing court cases.
- Co-accused persons cannot act as sureties.
If no surety is found, the accused remains in custody but can keep searching.
Surety Responsibilities
- Ensure the accused attends court, cooperates with investigations, and stays in Singapore.
- Must report lost contact within 24 hours.
- Cannot sign contracts to be indemnified for their obligations—doing so is a criminal offence.
Sureties can apply to be discharged; the court may arrest the accused and require new sureties.
Accused’s Obligations After Release
- Must attend all court appointments.
- Must surrender passport and stay in Singapore unless approved.
- May request passport return by applying to the authorities or court with justification.
Other standard release conditions:
- No new offences,
- No witness interference,
- Possible electronic monitoring (if imposed).
Appealing Bail Decisions
While there’s no formal appeal, the accused can apply to vary bail conditions or amount if:
- Circumstances change, or
- New information arises.
Consequences of Jumping Bail
- The accused may be arrested and charged.
- Forfeiture of the entire personal bond or surety’s pledged amount.
- Sureties and accused may face fines or jail if they fail to meet obligations or pay the forfeited amounts.