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This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. [2] On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this).
The court hearing such a bail application, when the offence is a Schedule 5 or 6 offence, must conduct a careful enquiry before deciding to release the accused on bail. [89] (There must be proper proof that the offence is indeed a scheduled offence. [90]) S v Rudolph [91] is a prominent example of the application of this onus.
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.
Unsecured bail. This is a release without a deposit but it differs from ROR in that the defendant must pay a fee upon breaching the terms of the bail. This is typically called an "unsecured appearance bond". [56] Percentage bail. The defendant deposits only a percentage of the bail's amount (usually 10%) with the court clerk. [56]
One example of a large bail requirement was a case in Texas where New York real estate heir Robert Durst received a bail of $3 billion. The Durst's lawyer appealed the bail to the Texas Court of Appeals. The court responded that "it could not find a case where bail was set, let alone upheld, at even 1 percent of any of the amounts against the ...
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A recognizance is a form of bail, in which an accused is released from pre-trial detention with an incentive to ensure that they will appear before the court to face charges on a certain day in the future. A person may be required to provide sureties, being another person who will guarantee the attendance of the accused and agree to forfeit the ...