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The Bail Framework in Singapore Criminal Law — Will I be granted bail and on what terms?

SINGAPORE CRIMINAL LAW

Getting arrested is disorienting. Knowing whether bail is typically offered and the terms on which bail is offered often depends on rules most people have never had to think about. These are technical matters within the knowledge of Singapore criminal lawyers.  

In this article, Singapore criminal lawyers break down how Singapore’s bail framework works: the difference between bailable and non-bailable offences, who can actually decide to grant bail (Police, Magistrate, District Judge, or the High Court), and what a surety is signing up for when they stand bail for someone else.

WHAT IS BAIL?

You have probably come across this term on popular television shows such as “Law and Order”. However, this term encompasses an entire framework that determines the conditions required for your release. After an arrest, the Singapore criminal law has supplied the bail framework to release the defendant instead of remaining in custody throughout the entire court proceedings.

Bail is a legal arrangement that allows the defendant to be released from custody on the condition that they be available for investigations, court hearings, and comply with all other bail conditions imposed by the police or the court.[1] Failure to comply will incur repercussions for them and their surety. Under the Criminal Procedure Code, bail is granted to balance an individual’s liberty and rights prior to conviction against the need to ensure court attendance and the fair administration of justice.[2]

This article by Singapore criminal lawyers delves into how bail works in under Singapore criminal law, who may qualify for it, the responsibilities of the bailor and the accused, and what happens if bail terms are breached.

BAILABLE VS NON-BAILABLE OFFENCES UNDER SINGAPORE CRIMINAL LAW

1. Bailable Offences under Singapore criminal law

To start off, a Singapore criminal lawyer must identify, based on the operative criminal law, if the offence is bailable. An offence is considered bailable if listed as such in the First Schedule of the Criminal Procedure Code, indicating that the defendant reserves a statutory right to be granted bail.[3] Bailable offences are typically more minor with sentences of up to 3 years imprisonment or a fine [4] (although there do exist bailable offences with sentences of more than 3 years).  

Bailable offences include:

  • Common public order offences
  • Simple theft
  • Assault
  • Voluntarily causing hurt
  • Cheating and forgery
  • Dangerous driving
  • Minor misappropriation of property
  • Trespassing and housebreaking

2. Non-bailable offences under Singapore criminal law

Under Singapore criminal law, non-bailable offences are offences where the accused does not have a statutory right to bail. This means that whether any bail is offered is subject to the police’s or court’s discretion. In other words, each non-bailable offence will be reviewed on a case-by-case basis.

Non-bailable offences are much more severe, usually with sentences of more than 3 years of imprisonment.

Such offences include:

  • Serious sexual offences
  • Drug trafficking under the Misuse of Drugs Act
  • Organised crime offences
  • Terrorism-related offences

However, while non-bailable offences are not automatically granted the right to bail, the Court still retains the statutory power and discretion to grant bail.[5] Hence, being granted bail and the terms of such bail ultimately boils down to the specific circumstances of the case.

3. Offences where bail is prohibited under Singapore criminal law

Singapore criminal law and the Criminal Procedure Code generally prohibits bail for offences punishable by death or life imprisonment.[6]

Some offences include[7]:

  • Murder
  • Drug trafficking above the capital threshold
  • Kidnapping for ransom
  • Unauthorised use or attempted use of firearms
  • Waging or attempting to wage war, or abetting the waging of war, against the Government

CONSIDERATIONS FOR GRANTING BAIL

The following considerations may be considered by a court when determining whether to grant bail:[8]

  • Whether there are reasonable grounds for believing the accused is guilty of the offence;
  • The nature and gravity of the offence charged;
  • The severity and degree of punishment that might follow;
  • The danger of the accused absconding if released on bail;
  • The accused’s character, means and standing;
  • The danger of the offence being continued or repeated;
  • The danger of witnesses being tampered with;
  • Whether the grant of bail is essential to ensure that the accused has an adequate opportunity to prepare his defence; and
  • The length of the period of detention of the accused and the probability of any further period of delay.

WHO DECIDES BAIL?

Bail may be granted either by the court or the police. Depending on the stage of proceedings, bail may be granted by:

  • The Police / investigating officer (police bail): immediately after one’s arrest, before the accused is formally charged in court.[9] Usually for less serious and bailable offences, and for those without flight risks.
  • The Magistrate or District Judge (court bail): after being formally charged, the prosecution will suggest a bail amount, and the defence can make submissions as to why a lower bail amount is appropriate in the circumstances. The Magistrate or District Judge will make the final decision.
  • The General Division of the High Court (court bail): has the power to grant bail in respect of criminal proceedings before the General Division of the High Court, and also to review any decision on bail made by a Magistrate or District Judge in respect of proceedings before the State Courts[10].

Who is responsible for a bail?

A surety or a bailor bears serious legal responsibilities under Singapore criminal law. Under section 104 of the Criminal Procedure Code, by standing bail, the surety is effectively assuring the authorities that the accused will:

  • Attend court when required;
  • Cooperate with investigations;
  • Comply with all bail conditions;
  • Communicate daily with the surety and lodge a report within 24h of losing contact with them; and
  • Not abscond unless permitted by the police officer mentioned in section 92 or 93 or the court to leave Singapore.

If the accused does not honour these terms, the bailor may be required to explain what steps were taken to supervise the accused and may risk forfeiture of the bail amount.

OBLIGATIONS OF THE SURETY

Asurety’s duties are personal to the surety and cannot be avoided by delegating them to another person. By delegating a surety’s duties to another person, he risks breaching his duties if the accused fails to attend court.[11]

Under s 104(1)(b) of the Criminal Procedure Code, a surety has a statutory duty to lodge a police report within 24 hours of losing contact with the accused.[12]

When the accused is travelling, a surety’s omission to obtain from the accused details that would allow the surety to contact or locate him demonstrates the surety’s negligence. [13]

DETERMINATION OF BAIL BOND AMOUNT

According to section 96 of the Singapore Criminal Procedure Code, the bond amount must be fixed with the case’s circumstance in mind, to sufficiently secure the accused’s attendance.[14]

Factors that influence the amount include:

  • The nature, number and seriousness of the accused’s charges.
  • The accused’s criminal history and overall character.
  • The likelihood of the accused abiding to bail conditions, turning up for future court hearings, and flight risk (fleeing the country).
  • The severity of the punishments prescribed for the offences the accused is charged with.

With the aforementioned factors in mind, the typical bail ranges from S$2,000 for minor crimes such as small theft or public order to S$500,000 for capital offences such as murder.

Conditions of bail

The standard conditions imposed for bail are:[15]

  • The accused must surrender their passport.
  • The accused must not commit any offence while released on bail or personal bond.
  • The accused must not interfere with any witness or obstruct the course of justice.
  • The accused must surrender to custody, be available for investigations or attend court hearings whenever required.
  • The bailor must not be a co-accused in the same case.

Additionally, the court may impose other conditions in consideration of the nature of the case. It is mandatory for these conditions to be kept, as breaching these conditions will result in:

  • Immediate arrest, warranted or unwarranted[16]
  • Revocation of bail
  • Forfeit of bail bonds
  • Being treated as a separate offence[17]
  • Refusal to grant future bail application

THE BAIL PROCESS

Police bail is granted by the investigating officers after an arrest, but before the court’s formal charge, whereas the court bail process requires a formal application after the formal charge of the accused.

For the court bail process, the general steps taken are:

1. Before posting bail

2. When posting bail

3. After posting bail

4. When the case concludes

  • If bail conditions were kept until the end, and the bail was not forfeited, the surety will be refunded everything they posted as bail when they are discharged as a surety or when the case concludes.
  • Bail refund. 

Conclusion

The process of applying for bail is not always straightforward, and can be complicated, as it is granted largely based on the nature of the offence and other circumstantial factors. Before applying for bail, it is vital to understand, with the assistance of Singapore criminal lawyers the bail framework, and the conditions and requirements expected of the accused and the surety.

Here at Eugene Thuraisingam Asia LLC, we as Singapore criminal lawyers understand that things may be challenging if you are unfamiliar with the bail or the bail review process. As experienced Singapore criminal lawyers, we are present and here to help you navigate this difficult time with our experience and expertise.[18]

For further enquiries, feel free to reach out to us at +65 6557 2436. Our experienced Singapore criminal lawyers will assist you as soon as we can.

RELATED READING

If you have any questions or comments on this article, please contact:

Johannes Hadi

Director & Singapore Criminal Lawyer

Lai Zu En

Associate & Singapore Criminal Lawyer

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[1] Criminal Procedure Code 2010 (“CPC“), Section 94.

[2] Public Prosecutor v Loqmanul Hakim bin Buang [2007] 4 SLR(R) 753at [53]

[3] Section 2(1) of the CPC

[4] Section 2(1) of the CPC

[5] Section 95 of the CPC

[6] Section 95 of the CPC

[7] Section 2(1) of the CPC

[8] Public Prosecutor v Yang Yin [2015] SGHC 3 at [44]

[9] Section 92 of the CPC

[10] Section 97 of the CPC

[11] Cher Ting Ting v Public Prosecutor [2017] 3 SLR 1009 (“Cher Ting Ting“) at [36(b)].

[12] Cher Ting Ting at [36(c)].

[13] Cher Ting Ting at [36(e)].

[14] Section 96 of the CPC

[15] Section 94 of the CPC

[16] Section 103(1) of the CPC

[17] Section 104(5) of the CPC

[18] We thank the assistance of Samuel Chong, Jolene Tian, and Wu Xiangshan for preparing the first drafts of this article.

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