Bail – is the amount of money that a person who has been accused of a crime pays to a law court so that they can be released until their trial. Payment is a way of making certain that a person will return to court for trial
Bond – is a written promise to pay or forfeit money or perform some acts upon the occurrence or non-occurrence of a specified act or passage of a specified amount of time
Releasing suspects on bail means that the court can order them to deposit money with the court in exchange for their freedom.
There are three types of bail. Pre-trial Bail – given to an accused person before trial, Bail Pending Appeal – given to a person who was already sentenced and is waiting for the hearing of an appeal.
There’s also anticipatory bail – given to a person pending their arrest, provided the applicant demonstrates that their right to liberty is likely to be compromised or breached unlawfully by an organ of the state that is supposed to protect this right.
Bond, on the other hand, is when the court asks the accused to deposit security or surety for release rather than pay cash.
Security can be in many forms; land title deeds, salary payslips, car logbook or share certificates.
Bond can also be classified further into a personal bond that is self-defining, or a bond with surety.
Surety is a person who binds themselves to ensure that an accused will attend court and comply with court conditions.
Both bail and bond are issued to ensure that a suspect attends court when required.
However, if a court finds that there are compelling reasons for your freedom of movement to be limited, then it shall inform you of those reasons.
If a suspect released on cash bail or bond attends all court sessions as required, the amount is refunded after the conclusion of the case.
All offences are bailable under the new constitution.
In the event that two individuals from different economic backgrounds commit a similar offence, the court can conduct a social enquiry into the background of an economically disadvantaged person, to determine the amount that they can afford.
|When a person is arrested for a crime the judge has discretion in setting the amount of money that must be paid for the defendant to be released from jail||It’s an undertaking with or without sureties or security entered into by an accused person in custody under which he or she binds him or herself to comply with the conditions of the undertaking and if in default of such compliance to pay the amount of bail or other sum fixed in the bond|
|It involves payment of cash to bail yourself out(free yourself)||It involves payment of cash to bond yourself to appear in court when required|
|No refunding of any sort instead one pays to be set free||Money paid is refunded to you incase you attend all your court appearances faithfully|
|Once you pay you won’t be analised in the cells but you have to appear in court or forget the bail amount||Appearance in court is mandatory and if one fails to appear the he or she is deprived the item left as security|
|Mode of payment is cash only||One may use other means e.g. car logbook or documents of tittle|
|No presence of a third party involved||A third party agrees to be responsible for the debt and obligation of defendant|
|Is an agreement in nature||Is an undertaking in nature|
|Issuing a warrant of arrest is necessary||No issue of warrant of arrest|
|There is no condition one must comply with||Specific conditions must be complied with|