PART II
PROCEDURE RELATING TO CRIMINAL INVESTIGATIONS

B. - Powers and Duties of Police Officers when Investigating Offences

(f) Release and Bail

64.-(1) Without prejudice to the provisions of any other written law for the time being in force relating to the grant of bail by police officers, a person brought under the custody of a police officer on reasonable suspicion of having committed an offence shall be released immediately, where–

(a) the police officer who arrested him believes that the person has in fact committed no offence or has no reasonable grounds on which to continue holding that person in custody;

(b) the police officer who arrested him believes that he arrested the wrong person; or

(c) after twenty-four hours after the person was arrested, no formal charge has been laid against that person unless the police officer in question reasonably believes that the offence suspected to have been committed is a serious one.

(2) Where a formal charge has been laid against any person under the custody of the police, a police officer in charge of a police station may, upon that person executing a bond, with or without sureties, to appear before a court if so required, release the person where–

(a) the person, though subject to prosecution, was arrested without warrant;

(b) after due inquiry, insufficient evidence in his opinion is disclosed upon which to proceed with the charge;

(c) the offence, though arrestable, is not of a serious nature; or

(d) it appears that further inquiries must be carried out, and they cannot be completed within a reasonably short time.

(3) Where the person arrested is under the age of fifteen years, that person may be released after his parent, guardian, relative or any other reliable person has entered into a recognisance on his behalf.

(4) Notwithstanding any other written law for the time being in force relating to the grant of bail by police officers, no fee or duty shall be chargeable upon bail bonds in criminal cases, recognisance to prosecute or to give evidence or recognisance for personal appearance or otherwise issued or taken by a police officer.

(5) Every police officer arresting a person reasonably suspected of committing any offence shall inform that person of his right to bail under this section.


65. Matters relevant to the granting of bail by a police officer to a person charged with an offence are–

(a) the probability of the person appearing in court in respect of the offence if granted bail, that is to say–

(i) the background and community ties or the residence, employment and family situation and his police record, if known; and
(ii) the circumstances in which the offence was
committed, the nature and seriousness of the offence, the strength of the evidence against the person and other information relevant to the likelihood of his absconding;

(b) the interests of the person, that is to say–

(i) the period that the person may be obliged to spend in custody if bail is refused, and the conditions under which he would be held in custody;
(ii) the needs of the person to be free to prepare for his appearance before the court, to obtain legal advice and for other purposes; or
(iii) the need of the person for physical protection, whether the need arises because he is incapacitated by intoxication, injury or the use of drugs or arises from other causes; and

(c) the protection of the community, that is to say, the likelihood of the person interfering with evidence through intimidating witnesses or hindering police inquiries in any other way.


66. A person shall be entitled to be granted police bail if–

(a) he undertakes in writing to appear before a specified court at a specified time and place, or at such other time and place as is notified to him by a police officer;

(b) he undertakes in writing to observe specified requirements as to his conduct while released on bail, not being requirements with respect to the giving of security, the depositing of money or the forfeiture of money;

(c) another person acceptable to the police officer acknowledges in writing, that he is acquainted with the person charged and regards him as a responsible person who is likely to appear in court to answer the charge;

(d) the person charged, or another person acceptable to the police officer, enters into an agreement, with or without security, to forfeit a specified sum of money if the person charged fails to appear in court to answer the charge; or

(e) the person charged, or another person acceptable to the police officer, deposits with the police officer, a specified sum of money to be forfeited if the person charged fails to appear in court to answer the charge.


67.-(1) Where a police officer refuses to grant bail he shall record in writing the reasons for so refusing.

(2) Where a police officer refuses, under section 64, to grant bail to a person charged with an offence or grants bail but the person is unable or unwilling to comply, or arrange for another person to comply, with any of the conditions subject to which bail was granted, the person shall be brought before a magistrate to be dealt with according to law as soon as it is practicable to do so and not later than the first sitting of a court at a place to which it is practicable to take the person for that purpose.

(3) A person who is waiting in custody to be brought before a magistrate in accordance with subsection (2) may, at any time, request a police officer for facilities to make an application to a magistrate for bail and, if he does so, the police officer shall, within twenty four hours, or within such reasonable time as it is practicable after he makes the request, bring him before a magistrate.


68. Where a police officer in charge of a police station believes on reasonable grounds that a person who has been released on bail granted under section 64–

(a) is absconding; or

(b) has failed to comply with, or is about or likely to fail to comply with an undertaking given by him as a condition of his release,

the police officer may revoke the bail and the person may then be arrested by a police officer.


69.-(1) Subject to subsection (2) where a person who has been released on bail granted by a police officer wilfully and unreasonably fails to comply with an undertaking given by him as a condition of his release, the person is guilty of an offence and shall be liable, on conviction, to a penalty not exceeding the maximum penalty that could be imposed on him upon conviction for the offence in respect of which he was arrested and then released on bail.

(2) Where a person who has been released on bail granted by a police officer in respect of two or more offences wilfully and unreasonably fails to comply with an undertaking given by him as a condition of his release, subsection (1) shall apply as if the reference to the offence in respect of which he was released on bail was a reference to the offence in relation to which he failed to comply with the undertaking or if he failed to comply with the undertaking in relation to two or more offences, to the more or most serious of those offences .