In South Africa, you may appeal a decision to refuse you bail and a bail decision that imposes particularly onerous conditions on you. This must be made on the basis of the same facts as the original application.
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An Indian court found that the principle of res judicata (i.e. the rule that the same case cannot be heard twice) does not apply to bail application. For that reason, the accused could make a second application to the same court without any new evidence.
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This webpage by the South African government provides information for beginners on what bail is and how to apply for it. It’s a good place to start your research if you’re in South Africa.
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The ECtHR found that there was a violation of the right to liberty when the amount of bail money the accused had to pay was set too high and had not taken into account whether the accused would be able to pay.
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Mr Piruzyan was held in detention without bail for one year and two months when he was released due to a lack of evidence. Mr P’s detention was not based on a court decision and guarantees under Armenian law had not been followed. For this reason, there was a clear violation of the right to […]
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(3) The Court may impose any condition which the Court considers necessary – (a) in order to ensure that such person shall attend court; or (b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is […]
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The article analyses and presents a critical review of the bail regime in South Africa.
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In the Philippines, the following types of bail are common: Corporate bond: The bail security is covered by the company of the accused; Property bond: The accused has to put up property as a guarantee for bail; and Cash deposit: The accused has a pay an amount of money that they will get back if […]
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The Pakistan Code of Criminal Procedure distinguishes between bailable and non-bailable offences. Bailable offences are less serious offences where a person has a right to bail, as long as they can meet the conditions that are attached to bail (bail conditions are discussed below). The non-bailable offences are split into two categories: (1) Offences not falling […]
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The Indian Supreme Court ruled that the basic rule is bail, not jail, except where there is a risk the accused may flee from justice, interfere with the course of justice, repeat offences or intimidate witnesses.
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