Bail Laws in Different Countries

Due to its very nature, the bail bond industry is popular and much-needed in several countries across the world. However, bail laws vary greatly in different countries. Here is an attempt to compare laws with respect to bail bonds currently prevalent in USA, UK and Canada.United States of America:The Bail Reform Act of 1966 states that a non-capital defendant is to be released before his trial on his personal recognizance or on personal bond. If the judicial officer determines that these incentives will not ensure his attendance in the trial, he may choose from an alternative list of conditions. In the case of capital crimes, detaining or releasing a suspect on bail prior to trial is left to the judge’s discretion.Additionally, the United States Code, Title 18, Sections 3141-3150 allows pre-trial detention of defendants based upon their danger to the community.San Bernardino bail bonds, Los Angeles bail bonds – the bail law and types of bonds vary greatly across different locations in the United States. However, some common forms of temporary release offered in the country are:• Recognizance
• Citation Release
• Surety Bond
• Property bond
• Cash
• Combinations
• Order of Protection
• Conditions of releaseUnited Kingdom:In UK, three types of bail can be granted as briefly explained below:• Police bail enables a suspect to be released without being charged as long as he returns to the police station at a specified time.
• Police to court bail may be granted to a suspect, the condition being that he must attend his first hearing as specified by the Court.
• Court bail is when a suspect who has already been to court is released on bail until the case is closed.The nature and seriousness of the default, the defendant’s character and past record and the strength of the evidence are taken into account while deciding his eligibility to get bail. Bail may be refused if either the police or the Court has substantial grounds to believe that the defendant would abscond, commit further offences or interfere with witnesses if released on bail.Canada:The Bail Reform Act gave the police new powers to release individuals charged with a criminal offence, created detailed procedures for bail reviews and placed the onus for justifying detention of the defendant on the prosecutor. The Canadian Charter of Rights and Freedoms also gives a defendant the right “not to be denied reasonable bail without just cause.”Unlike in many other jurisdictions, Canada has no bailsmen or bail insurance policies. Instead, summons, appearance notice, recognizance, undertaking and promise to appear are commonly prevalent.
The above study shows us that bail laws may vary, but the purpose of the bond remains the same irrespective of the country – to get a loved one out of jail while he awaits trial.