What is Court Bail?- Between the time a person is charged in court for a crime and when their court case is concluded, an accused person can only be released from custody on court bail. Court bail acts as a security for the accused person’s attendance to court.
- Court bail can be obtained by providing a sum of money (cash bail) or by securing a bailor (surety). A bailor is someone who is willing to provide security for the amount set by the court.
- The magistrate determines the amount required for cash bail or the number of bailors necessary to secure court bail.
Additional Conditions- The magistrate may set additional bail conditions for the accused person to follow, such as:
- To surrender their passport
- To report to the arresting law enforcement agency
- Not to contact or approach witnesses either directly or indirectly
- Not to commit any offences whilst out on bail
Who can be a bailor?- Must be a citizen or Permanent Resident of Brunei Darussalam above the age of 18.
- Must be employed and receives a fixed monthly income or owns property or motor vehicles that can be used as security.
- Is not declared bankrupt or facing any criminal charges.
- Approval of a bailor is subject to the magistrate’s discretion.
Responsibilities of a bailor- Must ensure that the accused person attends court proceedings on the set date and time fixed by the court.
- Must ensure that the accused person complies with all of the bail conditions ordered by the court.
- Must keep track of all the dates and time for which the accused person is required to attend court. If unsure, they must go to court to inquire of the next court date.
What happens if an accused person fails to attend court or breaches a bail condition?- If an accused person fails to appear for their court date, this is known as ‘absconding’. The court will issue a Warrant of Arrest against the accused.
- If the accused person breaks any of the bail conditions, the court will determine whether there was a reasonable excuse for his actions.
- If there is no reasonable excuse provided for absconding or for breaching bail conditions, the court will revoke the accused person’s bail and have them remanded in prison until the conclusion of the case.
- If the accused person was released on cash bail, the court may order for the forfeiture of all of the cash bail.
- If the accused person has a bailor, the court will hold a Show Cause Hearing to determine whether the bailor made reasonable efforts to carry out their duties and ensure the accused person complies with the bail conditions.
- If the court determines that the bailor failed to uphold his duty, the court may order for the forfeiture of the money or the property pledged as security for bail.
Can a bailor discharge himself?- A bailor can apply to discharge himself from his duties at any time before the court case is concluded.
- The bailor can apply to the court at the next court date or apply for an earlier court date by writing to the Subordinate Court Criminal Section or by emailing bsbsubordinatecourt.criminal@judicial.gov.bn.
- The written application must include the accused person’s name, court case number and reasons for discharging themselves.
- The bailor can only be discharged upon the approval of the magistrate.x
Can the bail conditions be varied?- Only the court can vary any bail conditions.
- The accused person can apply at the next court date or apply for an earlier date by writing to the Subordinate Court Criminal Section or by emailing bsbsubordinatecourt.criminal@judicial.gov.bn.
- The written application must include the accused person’s name, court case number, the bail condition they wish to vary and reasons for the application.
How to claim for cash bail?- After a case is completed, the accused person or a representative can apply for the cash bail to be returned.
- The following documents are required for the claim:
- Vendor Form
- Copy of accused person’s identity card
- Bank account details
- Once all documents are submitted, a Payment Voucher will be issued and a TAFIS account will be created. Payment will be made by the Ministry of Finance & Economy directly to the bank account number given.
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