Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded.
In other countries, such as the United Kingdom, bail is more likely to consist of a set of restrictions that the suspect will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge.
For minor crimes, a defendant may be summoned to court without the need for bail, or may be released on recognizance (promising to appear in court, with no bail required) following arraignment. For serious crimes, or for suspects who are deemed likely to fail to turn up in court, they may be remanded (detained) while awaiting trial. A suspect is given bail in cases where remand is not justified but there is a need to provide an incentive for the suspect to appear in court. Bail amounts may vary depending on the type and severity of crime the suspect is accused of; practices for determining bail amounts vary.
Bail bond
In the United States, it is common for bail to be a cash (or other property) deposit. Cash bail in other countries is more limited. Known as a bail bond or cash bail, an amount of money is posted so that the suspect can be released from pre-trial detention. If the suspect makes all of their required court appearances, this deposit is refunded.
In 46 US states, a commercial bail bondsman can be paid to deposit bail money on behalf of a detained individual. This practice is mostly illegal in the rest of the world. In Germany, the use of bail bondsmen is legal if the court allows it in its decision to grant cash bail. Illinois, Kentucky, Oregon and Wisconsin have outlawed commercial bail bonds, while New Jersey and Alaska rarely permit money bail.
Worldwide
Australia
Bail laws in Australia are similar to the laws of New Zealand and Canada, but are different in each state. Each state holds that there is a prima facie entitlement to bail for most charges upon application by a defendant. However, there is an exception when the charges are especially serious, such as drug trafficking, family violence or murder. In such cases, there is no entitlement to bail, and it must be argued as to what circumstances exist that justify a grant of bail.
In Victoria, bail may be refused to a defendant who faces a more serious charge unless the defendant demonstrates compelling reasons why bail should be granted. Compelling reasons may generally be established by demonstrating that jail is an unlikely outcome for the charge, or that bail conditions can be imposed that make re-offending unlikely. In cases where a defendant is charged with murder, terrorism or offending with a moderately serious charge while on bail, to become eligible for bail the defendant must prove exceptional circumstances. Exceptional circumstances are difficult to demonstrate, but may arise as a consequence of significant delay in a criminal prosecution.
Canada
As in other Commonwealth nations, people charged with a criminal offence in Canada have a prima facie right to reasonable bail (known in Canada as 'judicial interim release') unless there is some compelling reason to deny it. These reasons can be related to the accused's likelihood to skip bail, or to public danger resulting from the accused being at large. Unlike many other jurisdictions granting a constitutional right to bail, in Canada the accused may be denied bail because the public confidence in the administration of justice may be disturbed by letting the individual go free pending the completion of the trial or passing of sentence (Criminal Code, s. 515 (10)(c)). Sureties and deposits can be imposed, but are optional.
Czech Republic
Notable Czech bail cases
Radovan Krejčíř
charged with fraud (2004) bail denied, following Krejčíř's complaint bail set at CZK 40 million (~ € 1.6 million), then denied by appellate court following state prosecutor's complaint David Rath charged with accepting bribe (2012) bail set at CZK 14 million (~ € 560,000)