Law Wisdom
Bail
A bail bond is an agreement by a criminal defendant to appear for trial or pay a sum of money set by the court. The bail bond is co-signed by a bail bondsman, who charges the defendant a fee in return for guaranteeing the payment.
The bail bond is a type of surety bond. The commercial bail bond system exists only in the United States and the Philippines. In other countries, bail may entail a set of restrictions and conditions placed on criminal defendants in return for their release until their trial dates.
A bail bond is an agreement by a criminal defendant to appear for trial or pay a sum of money set by the court. The bail bond is co-signed by a bail bondsman, who charges the defendant a fee in return for guaranteeing the payment.
The bail bond is a type of surety bond. The commercial bail bond system exists only in the United States and the Philippines. In other countries, bail may entail a set of restrictions and conditions placed on criminal defendants in return for their release until their trial dates.
Types of bail
Station bail: A person arrested and brought to a Garda station can be charged by way of charge sheet and released on station bail to appear before a court at a specific date and time. They may be required to lodge money before being released from Garda custody.
District Court bail: When a person is brought before the court, the judge may release them on bail and set conditions attached to the bail. The person may be required to lodge money before being released from court.
The court may decide that an independent surety is required to guarantee the appearance of the accused person. An independent surety is a person who makes him or herself responsible for the appearance of the accused person in court. He or she promises to pay a sum of money to the court if the accused person does not appear as agreed. The court must approve the independent surety.
High Court bail: When a person is charged with treason, war crimes, murder, attempt to murder, conspiracy to murder or piracy and genocide, the District Court does not have the power to grant them bail. Certain offences under the Offences Against the State Act, 1939 and the Official Secrets Act, 1963 also rule out the granting of bail in the District Court. In those cases, the accused person or their legal representative must apply to the High Court for bail.
Appeal to High Court
A person refused bail in the District Court may appeal to the High Court. A person may also appeal to the High Court to reduce the amount of bail or to contest a condition of the bail set by the District Court.
Refund of bail
Bail money is returned when the case is completed in court and all conditions set by the court have been complied with. It is not returned if the accused person fails to appear in court. In that case the bail amount is estreated (or forfeited).
If you fail to comply with any of the bail conditions, the judge will issue a bench warrant. The warrant gives An Garda Síochána power to arrest you and bring you before the court to answer all charges relating to the bail. A breach of bail may also result in an additional charge against you.