Bail Agreement Definition

The first consideration is the need to protect the victim from actual or perceived physical violence. “It does not follow, however, that wherever there is a genuine or reasonably perceived need to protect a victim, bail must be refused” (cf. R v Dunstan [2010] SASC 12 and Bail Act 1985 (SA) s 10 (4)). Bail is not a punishment in itself. Rather, it is a means of obtaining a defendant`s consent to compliance with certain conditions and to return to court. In this sense, bail is like a guarantee that is left to the court to ensure that the accused returns upon release from prison for the remaining parts of the criminal proceedings. If the defendant fails to appear or violates the conditions of release, he or she may lose the amount paid. If the defendant has filed a loan, the surety company will lose the money, as described below. It is important that the applicant is in the dock before the bail application begins.

A surety guarantee is a serious and binding obligation and a guarantee is exempted from an obligation only in extreme circumstances. A surety may ask the court to modify the conditions of the surety guarantee or to withdraw it at any time [see 7, paragraph 4]. The Crown argues that the applicant should be denied bail because of a long history of the offence. . . .