Law library · Sierra Leone · The Bail Regulations, 2017
Section 1: In these Regulations unless the context otherwise requires–
Status not yet checkedThe Bail Regulations, 2017, Sierra Leone
“Act” means the Criminal Procedure Act, 1965;
“bail” means an agreement between a defendant, his
surety and the Court or a defendant and the Court,
that the defendant will attend Court as and when
required and if he fails to attend Court, a sum of
money deposited into the Court or property put up
as security shall be forfeited to the Court in addition
to the Court issuing a bench warrant;
“bail report” means a document used by the Court to
assess-
(a) the likelihood of the defendant appearing for
trial; and
(b) bail conditions to be imposed;
“child” means a person under the age of eighteen
years;
“Court” includes a Judge of the Superior Court of
Judicature or a Magistrate or Justice of the Peace,
Short title.
Interpretation.
(2) A Court shall not reject a surety unless in the opinion
of the Court he is unsuitable for the purpose.
(3) Where a Court grants a person bail under subregulation (1) but is unable to release the person because no surety
or no suitable surety is available, the court shall fix bail conditions
that are reasonable and proportionate to the offence for which bail is
granted and take into account the individual circumstances of the
defendant.
11. The Court shall ensure that sureties understand their
obligations and the risks they assume when they undertake to serve
as sureties.
12. The Court may accept any of the following security
documents–
(a) passport or other travelling documents;
(b) national identity card, voter identity card or
National Social Security and Insurance Trust
card;
(c) proof of employment;
(d) bank statement;
(e) proof of residence;
(f) title deeds; or
(g) a testimonial from a Chief, a Tribal Authority,
a community leader or somebody who is
vested with authority in the community.
13. Where a defendant applies for a review of the conditions
of bail, the surety shall be informed of the application and the nature
and likely consequences of the variation sought.
Obligations
of sureties.
Security
documents.
Review of
conditions.
vested with powers to act in connection with
proceedings before that Court;
“defendant” means a person charged with an offence;
“primary caregiver” means a person who bears primary
responsibility for a child;
“security” includes a sum of money or any security
document as specified in regulation 12 pledged in
exchange for the release of a defendant as a
guarantee of the defendant’s appearance for trial;
“surety” means a person who undertakes to ensure
that a defendant appears in Court and complies with
bail conditions.
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