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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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