The bestselling author of The Bounce Back Book shares tips for how to understand the way bails work in criminal defence in Singapore. Read on…
As with other inheritors of English Common Law, Singapore has a legal system that guarantees that accused individuals can remain free while awaiting trial—under certain conditions.
It’s important to remember that not every offence is bailable in the city-state, particularly capital offences like murder, rape, or terrorism.
Furthermore, even if an offence is bailable, it is ultimately the court’s decision whether or not bail is granted.
The last point is critical. Quite often, the quality of the accused’s legal team is the main factor in determining if bail is granted, especially in contentious cases. Should you find yourself embroiled in a criminal trial, assembling the best experts in criminal defence in Singapore is your best bet for maintaining your freedom before you are actually sentenced.
While you may already know what bail means for the accused, you may not necessarily understand the finer points of the practice.
For example, in Singapore, the accused cannot use their own money or property to secure bail for themselves. The security bond has to be from another party called a ‘surety’ who is held accountable for holding the accused in remand.
Should you become a surety for an accused individual, you must understand the legal implications before accepting responsibility.
These and other important parts of the Singapore bail process can be confusing for most laypeople.
Here, we’ll walk through some of the main points regarding the city-state’s bail process and its role in criminal defence.
Bail serves as a guarantee that an accused person will appear in court on appointed dates and whenever else they are required. It involves a surety (usually a friend or family member) pledging a court-mandated sum of money or property to secure the accused’s temporary release from custody. Should the accused fail to appear in court, the surety may lose their pledged asset.
The system serves several purposes. The first is to strongly discourage the flight of an accused person before they are tried in court. The second purpose is to ensure that the accused can maintain their daily life and responsibilities while awaiting trial, thereby upholding the principle of innocent until proven guilty. Bail conditions can also be set to protect other individuals who are involved in the case, such as witnesses, victims, and court officers.
There are two primary types of bail in Singapore: agency bail and court bail.
Agency bail is granted by law enforcement agencies while court bail is dictated by the judicial system. In the case of agency bail, the presiding judge may extend the existing bail or create new conditions under court bail. While both agency bail and court bail permit temporary liberty, agency bail is more tied to the investigation phase while court bail is connected to the court proceedings.
Bail always comes with a set of conditions designed to mitigate the risk of flight, reoffence, or interference with the judicial process. Bail bonds are the primary condition but there may be other requirements as well. A typical one is the surrender of passports and other travel documents to prevent the accused from leaving Singapore. The accused may also have to report to the police or avoid contact with people connected to the crime. Other common conditions include curfews and specific geographic restrictions.
Not everyone is eligible to be a surety (sometimes called a ‘bailor’) in Singapore. Singapore courts and law enforcement agencies have a set of criteria to ensure that only suitable individuals are appointed.
The most basic are age and citizenship requirements. Only citizens and permanent residents over the age of 21 qualify. The surety must also be financially capable of fulfilling their duties (i.e., they must be able to cover the bail amount if the accused breaks their conditions). The bail issuers will also assess the surety’s relationship with the accused and their credibility in guaranteeing the accused’s compliance with the bail conditions.
If the accused person fails to comply with any of their bail conditions, there will be an immediate issuance of a warrant for their arrest. This is not only extremely disruptive for the accused but it may also nudge the court toward a guilty verdict or cause it to mete out harsher penalties
For the surety, a forfeiture of the bail sum may be a consequence of non-compliance. However, this is not necessarily immediate. The court may call the surety to a “Show Cause” hearing, where they have the opportunity to explain why their pledged assets should not be forfeited. In Singapore, large amounts or high-value assets are typical for serious crimes, which means such forfeitures can cause serious financial impacts for the surety. Non-payments of bail sums can also lead to imprisonment and other penalties.
The process of becoming a surety in Singapore involves a detailed application procedure at a designated Bail Centre. The potential surety must gather all necessary documentation, including their IDs and any required security, such as cash or property documentation.
Once the documentation is prepared, a Bail Centre officer will brief the surety on the conditions of the bail and their duties. The officer will also have the surety’s capacity to meet bail conditions. Later, the assigned magistrate will review the surety’s application to confirm their suitability. If the magistrate approves the application, the accused will released and put under the surety’s supervision. If not, the accused must remain in custody until trial or when a qualified surety is found.
A surety may discharge themselves from their responsibilities before the case is concluded if they experience a change in personal circumstances or lose their capacity to guarantee the accused’s compliance with their bail conditions. To do this, the surety must file a formal application to the court at the accused court hearing or reach out to the State Courts at an earlier date. In these cases, the accused must be present, since the court must keep them in custody or under supervision. The surety’s legal obligations end the moment the discharge is approved.
Apart from being merely a reflection of Singapore’s British colonial heritage, the country’s bail system is a reflection of the firm yet pro-social attitudes that form the foundation of modern Singaporean society. Unlike some other bail systems where the bail sum is the only condition for temporary liberty, Singapore’s courts and law enforcement agencies tend to take extra steps to ensure that the accused cannot flee justice or cause problems for other people involved in the case. Regardless, the system still provides both the accused and their surety some measure of flexibility and freedom. Whether you are an accused individual or a potential surety, knowing these points and the purpose of bail should help you navigate the city state’s bail process more effectively.
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