There is a significant time gap between the arrest of a suspected person and the completion of trial. After getting arrested, the first and foremost question that arises in the mind is how to release from the prison on bail? Almost all the countries follow the same criminal jurisprudence regarding bail, which is based on the maxim that Bail is the rule, and jail is the exception. In this article, we will discuss the procedure to get a bail with the help of best criminal lawyers of UAE.
What is bail?
Bail is a legal procedure wherein the accused person is given a temporary release from the prison by making a financial deposit or passport guarantee till the completion of investigation or an order from the court. The concept of bail is governed by the provision of UAE Criminal Procedures Law Federal Law No. (35) of 1992. As per Article 111 of UAE Criminal Procedures Law, the bail can be granted in minor crime cases having minimal punishment, such as cheque bounce, drink & drive, etc. However, for severe and major offenses, such as rape or murder, getting a temporary release is not possible.
Procedure for getting a bail
At the outset, the arrested person should contact the best criminal lawyer of Dubai, and ask them to submit a bail petition to the Public Prosecution. The Public Prosecution is vested with the powers to grant bail at any stage of investigation. However, this power can only be exercised before the case is transferred to the court. Apart from Public Prosecution, the court is also conferred with the power of granting a bail before the issuance of final judgement.
While granting bail, it is always an apprehension that the accused might flee away or temper with the evidence. So, the accused is asked to fulfil certain conditions, such as giving suitable assurance that he will cooperate with the investigation and make his presence available every time demanded by the authorities. The accused is also required to surrender his passport. If the accused doesn’t have the same, the passport of any other family member will be taken into custody.
In addition to the aforesaid conditions, a solvent person undertakes to pay a certain amount, if the accused violates any of the bail conditions. If the bail is accepted, a bail document named “qafala” is given to the accused having conditional bail provisions. After the completion of the trial, the financial guarantor shall be released from the liability and the deposited amount is returned in full.
Whether a bail can be cancelled?
Though it is very unlikely and rare to witness such a case wherein a bail is cancelled, the statutory mechanism for the same is provided under Article 115 of the UAE Criminal Procedure Law. It can be done in any of the following scenarios-
- If the accused has breached the conditions stipulated in the bail document;
- New circumstances arose in the case that requires taking such measures, for example, if the accusation had been re-qualified to the other crime, that disables accused from bail release.
In short
Getting a bail is one of the immediate requirements after the arrest of the accused. In this process, it is very essential to draft a proper bail petition with the help of top criminal lawyers of UAE to get this done expeditiously. BSB legal is specialised law firm of UAE having best criminal lawyers with in-depth experience in this field.