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Section history

Section 95 — Exceptions to bail or release on personal bond

Consolidated view is experimental and may be broken for certain provisions.

Amendments
95.Exceptions to bail or release on personal bond

(1)An accused shallmust not be released on bail or on personal bond if —

(a)hethe accused is charged for an offence punishable with death, imprisonment for life or imprisonment for a term of 20 years or moredeath or imprisonment for life;

(b)having been previously released on bail or personal bond in any criminal proceedings, he had not surrendered to custody or made himself available for investigations or attended court, and the court believes that in view of this failure, he would not surrender to custody, or make himself available for investigations or attend court if released;the accused is accused of any non-bailable offence, and the court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court; or

(c)hethe accused has been arrested or taken into custody under a warrant issued under section 10, 2412 or 34 of the Extradition Act (Cap. 103)1968 or endorsed under section 33 of that Act.

Subsection (2) — Original text to 1 March 2012superseded

(2)Notwithstanding subsection (1), the court may direct that any juvenile or any sick or infirm person accused of such an offence be released on bail.

Subsection (2) — From 1 March 2012 (current)rewritten by Statutes (Miscellaneous Amendments) Act 2012

(2)NotwithstandingDespite subsection (1), the court may —

(a)direct that any juvenile or any sick or infirm person accused of such an offence be released on bail; or

(b)release on bail an accused charged with an offence referred tomentioned in subsection (1)(a), if —

(i)the offence is also punishable with an alternative punishment other than death or life imprisonment; and

(ii)the offence is to be tried before a District Court or a Magistrate’s Court.Court; or

(c)release on bail an accused who has been arrested or taken into custody under a warrant mentioned in subsection (1)(c), if the conditions prescribed in the Criminal Procedure Rules for such release are satisfied.

(3)In this section, “accused” includes a “fugitive” as defined in the Extradition Act.Act 1968.