• +66 2259 8100

How many types of order for provisional release?

There are 3 types as follows:

  1. release without bail which is a release on bail without bail bond and security. In this case, the accused or the defendant shall be required to make, before being released, an oath or affirmation undertaking that he/she shall appear as appointed or according to the summons;
  2. release with bail: when provisional release has been granted with bail, the applicant shall be required, before release taking place, to sign the bail bond under the conditions that the accused or the defendant shall follow the court instruction and appear for trial or writ of summons, if the accused or the defendant fails to comply such conditions the applicant will be fined for the amount set under bail bond and the court may order further conditions;
  3. release with bail and security: when provisional release has been granted with bail and security, the applicant shall be required, before release taking place, to sign the bail bond under the conditions that the accused or the defendant shall appear and follow the provisional release conditions or writ of summons, and also surrender to redeem such security if there is any breach of bail bond.

Is there a case where the provisional release has been granted without bailor or an applicant?

If there is no bailor or applicant, the court shall, normally, not order provisional release of the accused or defendant. However, if the accused or defendant is a juvenile, the juvenile and family courts shall have a power to grant provisional release where there is no bailor or applicant as the court deems expedient under the grounds as follows:

  1. the juvenile is in custody at the juvenile observation and protection center or any other places entrusted to keep the juvenile in custody;
  2. the court may, if it deems expedient, release the juvenile without bail, with bail, with bail and security or entrust the juvenile to the care of parents, guardian, the person with whom the juvenile is residing or to the person or institution the court deems expedient;
  3. before the court has an order to entrust the juvenile to the care of such person or institution as mentioned above, the court shall ask the director of the juvenile observation and protection center or the guardian in charge of the place entrusted to keep the juvenile in custody, as the case may be, for his/her opinion.

 

Leave a Comment