{"kind":"expression","expression":{"expr_id":"201","doc_id":"201","label":"2015 Revision","is_as_enacted":"f","commenced_on":"2015-07-17","superseded_on":null,"valid_from":"2015-07-17","valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/1992\/7\/eng@2015-07-17","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1992\/7\", \"expression\": \"\/akn\/ky\/act\/1992\/7\/eng@2015-07-17\", \"manifestation\": \"\/akn\/ky\/act\/1992\/7\/eng@2015-07-17.pdf\"}, \"pdf\": {\"md5\": \"04421206ce026a9589749efbe8526b36\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1992\/1992-0007\/1992-0007_2015 Revision.pdf\", \"pages\": 13, \"filename\": \"1992-0007_2015 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 3438, \"paragraph_count\": 21, \"text_char_count\": 21089}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Bail Law 18. 19. PART IV - Rules of Court 20. Bail Law (2015 Revision) BAIL LAW (2015 Revision) ENACTED by the Legislature of the Cayman Islands. PART I - Introductory\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Bail Law (2015 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Law \u2014 \u201cbail\u201d means bail grantable under the law (including the common law); \u201cbail in criminal proceedings\u201d means \u2014 (a) bail grantable in or in connection with proceedings for an offence to a person who is accused or convicted of the offence; or (b) bail grantable in connection with an offence to a person who is under arrest for the offence or whose arrest for the offence a warrant (endorsed for bail) is being issued; \u201ccourt\u201d includes a judge, a magistrate and a justice of the peace; \u201c electronic monitoring\u201d means surveillance utilizing an electronic device attached to a person, usually by means of an ankle bracelet, allowing the person\u2019s location to be monitored and his position and the electronic device\u2019s current status to be reported back to a central location; Bail Law \u201cpolice officer\u201d means a police officer within the meaning of the Police Law (2014 Revision) being of the rank of sergeant and above; and \u201csurrender to custody\u201d, in relation to a person released on bail, means surrendering to custody in accordance with the requirements of the grant of bail. PART II - Grant of Bail in Criminal Proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Bail in criminal proceedings 3. If bail is granted in criminal proceedings it shall be granted in accordance with this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Recognisance or security may be required 4. A court or police officer shall not make it a condition on the grant of bail in criminal proceedings that the person granted bail provides any recognisance or security for his surrender to custody unless it appears to the court or police officer that the person is unlikely to remain in the Islands until the time appointed for him to surrender to custody, in which case he may be required to provide, or have provided on his behalf, before release on bail, recognisance or security for his surrender to custody.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Surety or sureties may be required 5. (1) A court or police officer may require a person before release on bail in criminal proceedings to provide a surety or sureties to secure his surrender to custody. (2) A court or police officer when considering a person\u2019s suitability to be a surety may have regard, among other matters, to his \u2014 (a) financial resources; (b) character and any previous convictions; and (c) proximity (of kinship, place of residence or otherwise) to the person for whom he is to be surety.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Further requirements on grant of bail. 6. A court or police officer shall not require a person to comply with any requirements either before release on bail in criminal proceedings or later except such requirements as appear to the court or police officer to be necessary to secure that the person \u2014 (a) surrenders to custody; (b) does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or another person; or Bail Law (2015 Revision) (c) in the case of a person referred to in section 17(1)(b), makes himself available to enable inquiries or a report to be made to assist the court to deal with him for the offence.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Conditions of bail 7. (1) A court or police officer shall not grant a person bail in criminal proceedings subject to conditions except such conditions as appear to the court or police officer to be necessary to secure that the person \u2014 (a) surrenders to custody; (b) does not commit any offence while on bail; (c) does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or another person; or (d) in the case of a person referred to in section 17(1)(b), makes himself available to enable inquiries or a report to be made to assist the court to deal with him for the offence. (2) Where a court or police officer imposes a curfew as a condition, the court or police officer, in addition, may include requirements for securing the electronic monitoring of the person\u2019s whereabouts during the curfew periods specified in the condition. (3) A court or police officer may not impose a curfew condition which includes the requirements specified in subsection (2) unless the court or police officer \u2014 (a) has been notified by the Ministry or Portfolio responsible for electronic monitoring arrangements that such arrangements are available in the area in which the place or places proposed to be specified in the condition is situated; and (b) is satisfied that the necessary provision can be made under those arrangements. (4) Electronic monitoring arrangements made by the Ministry or Portfolio responsible for such arrangements may include entering into contracts with other persons for the electronic monitoring by them of the whereabouts of persons on bail. (5) A person who damages, destroys or tampers with any device used for or to facilitate his or any other person\u2019s electronic monitoring commits an offence and is liable on summary conviction to a fine of five hundred dollars and to imprisonment for one year. (6) Any document or information in relation to a person provided under electronic monitoring arrangements to which he is subject by the person responsible for such monitoring shall prima facie be admissible in any courts in the Islands. Bail Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Decisions to be recorded and made available 8. (1) This section does not apply in respect of the Grand Court. (2) When a court or police officer makes a decision in respect of bail in criminal proceedings the court or police officer shall make a written record of the decision. (3) If a court or police officer \u2014 (a) withholds bail in criminal proceedings; (b) imposes a condition on granting bail in criminal proceedings; or (c) varies any condition of bail in criminal proceedings or imposes a condition in respect of such bail, the court or police officer shall give reasons for doing so and include those reasons in the record of the decision made in accordance with subsection (2). (4) A court or police officer shall provide a copy of a record made under subsection (2) to the person in respect to whom the decision was made if requested to do so by that person.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Person to be advised of any other right to bail 9. If a court or police officer withholds bail in criminal proceedings from a person not represented by an attorney-at-law, the court or police officer shall inform the person of any other right the person may have to apply for bail in those proceedings.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Forfeiture of recognisance or security 10. (1) A court may order the forfeiture of the whole or any part of any recognisance or security given by or on behalf of a person under section 4 or 5 if it is satisfied that the person failed to surrender to custody unless it appears to the court that he has reasonable cause for his failure. (2) An order under subsection (1) takes effect twenty-one days after it was made unless previously revoked. (3) A court that has made an order under subsection (1) may revoke the order if, on application by or on behalf of the person who gave the recognisance or surety, it is satisfied that a reasonable excuse did exist for the person to fail to surrender to custody. (4) An application under subsection (3) may be made before or after the order for forfeiture has taken effect, but a court has no power to consider such an application unless it is satisfied that the applicant gave the prosecution reasonable notice of his intention to make the application. (5) An order under subsection (1) shall specify the way in which the forfeiture is to be enforced. Bail Law (2015 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Offence of not surrendering to custody 11. (1) A person who has been released on bail in criminal proceedings shall not fail without reasonable cause to surrender to custody, and a person who fails so to do commits an offence and is liable on conviction to a fine of five thousand dollars and to imprisonment for twelve months. (2) A person who \u2014 (a) has been released on bail in criminal proceedings; and (b) having a reasonable cause for doing so has failed to surrender to custody, shall surrender to custody at the appointed place as soon after the appointed time as is reasonably practicable, and person who fails so to do commits an offence and is liable on conviction to a fine of five thousand dollars and to imprisonment for twelve months. (3) In subsections (1) and (2) it is for the accused to prove that he had reasonable cause for failing to surrender to custody. (4) A failure by a court or police officer to give a copy of a record to a person when requested to do so in accordance with section 8(4) does not constitute a reasonable cause for that person\u2019s failure to surrender to custody. (5) In proceedings for an offence under subsection (1) or (2), a document that \u2014 (a) purports to be part of the record \u2014 (i) made under section 8(2); or (ii) in the case of bail granted by the Grand Court, made by the Grand Court in respect of the grant of bail, so far as it relates to the time and place appointed for the person specified in the record to surrender to custody; and (b) is certified to be a true copy \u2014 (i) in the case of bail granted by a police officer, by that police officer; or (ii) in the case of bail granted by a court, by the Clerk of the Grand Court, is evidence of the matter so recorded.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Arrest for failure to surrender to custody, etc. 12. (1) A court may issue a warrant for the arrest of a person it has released on bail in criminal proceedings if he fails to surrender to custody. (2) A court may issue a warrant for the arrest of a person it released on bail in criminal proceedings and who has surrendered into its custody if he absents himself from the court without the court\u2019s approval before it is ready to begin or resume the proceedings in respect of that person. Bail Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Arrest of person on bail 13. (1) A police officer may arrest without warrant a person on bail in criminal proceedings \u2014 (a) if the officer has reasonable grounds to believe that the person is not likely to surrender to custody; (b) if the officer has reasonable grounds to believe that the person is likely to break or has broken a condition of his bail; or (c) if a surety notifies the officer that the person is unlikely to surrender to custody and for that reason wishes to be relieved of his obligations as surety. (2) A person arrested under subsection (1) shall, as soon as practicable, be brought before \u2014 (a) the court that granted him bail; or (b) the police officer who granted him bail or, if that officer is not available, an officer of a rank equal to or higher than the rank of the officer that granted him bail, as the case may be. (3) A court or police officer before whom a person is brought under subsection (2) shall remand the person in custody if the court or officer is of the opinion that the person \u2014 (a) is not likely to surrender to custody; or (b) is likely to break or has broken a condition of his bail, but if not of that opinion shall release him on bail subject to the same conditions, if any, as were originally imposed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Offence of agreeing to indemnify surety, etc. 14. (1) A person shall not \u2014 (a) agree to indemnify a person from any liability he may incur as surety to secure the surrender to custody of a person granted bail in criminal proceedings; or (b) agree to act as a surety to secure the surrender to custody of a person granted bail in criminal proceedings on condition that he is indemnified from any liability he may thereby occur, and if the person so agrees, he commits an offence and is liable on conviction to a fine of five thousand dollars and to imprisonment for twelve months. (2) An offence is committed under subsection (1) whether or not \u2014 (a) the agreement is made before or after the person to be indemnified becomes a surety; or (b) the agreement contemplates compensation in money or money\u2019s worth. Bail Law (2015 Revision) (3) Proceedings for an offence under subsection (1) may only be instituted by or with the consent of the Director of Public Prosecutions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Subsequent applications for bail 15. (1) If a court has refused to grant a person bail in criminal proceedings it shall consider at each subsequent hearing while the person is eligible for bail in those proceedings whether the person ought to be granted bail. (2) At the first hearing after that at which the court decided not to grant a person bail that person may support an application for bail with any argument as to fact or law whether or not he has previously advanced the argument. (3) At any subsequent hearing the court need not hear an argument it has previously heard.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Court\u2019s power to vary, etc., bail conditions 16. (1) A court may \u2014 (a) impose a condition or a further condition on bail it has granted in criminal proceedings after it has granted such bail; or (b) vary or rescind any condition subject to which it has granted bail in criminal proceedings, on the application of the person to whom bail was granted, the prosecutor or a police officer. (2) Section 8 applies in respect of any decision made by a court, other than the Grand Court, under subsection (1). PART III - Right of Accused Persons and Others to Bail\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Persons entitled to bail 17. (1) Subject to subsection (2), a person is entitled to bail under this Part if he has been \u2014 (a) accused of an offence but not convicted of the offence; (b) convicted of an offence and the case has been adjourned by the court to enable inquiries or a report to be made to assist the court to deal with him for the offence; or (c) convicted of an offence under the Misuse of Drugs Law (2014 Revision) and is appearing or has been brought before a court under section 39 or 42 of that Law. (2) A person accused or convicted of any of the following offences is not entitled to bail \u2014 Bail Law (a) murder; (b) manslaughter; (c) rape, or any other offence of a sexual nature against a person punishable by imprisonment for four years or more; (d) arson; (e) wounding or causing grievous bodily harm; (f) wounding or inflicting grievous bodily harm; (g) burglary; (h) robbery; (i) extortion; (j) kidnapping; (k) abduction; (l) wrongful confinement; (m) bomb hoax; (n) aiding a prisoner to escape; (o) any offence against the Firearms Law (2008 Revision) punishable by imprisonment for four years or more; (p) any offence against the Misuse of Drugs Law (2014 Revision) (other than the offence of consuming), punishable by imprisonment for four years or more; (q) any offence against the Terrorism Law (2015 Revision) punishable by imprisonment for four years or more; (r) conspiracy to commit any of the offences listed in paragraphs (a) to (q); and (s) any attempt to commit any of the offences listed in paragraphs (a) to (q).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"General right to bail 18. A court or police officer shall grant bail to a person who is entitled to bail under this Part unless \u2014 (a) the court or police officer is satisfied the person, if released on bail, would \u2014 (i) fail to surrender to custody; (ii) commit an offence while on bail; or (iii) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or another person; (b) the court or police officer is satisfied the person should remain in custody for his protection or welfare; or Bail Law (2015 Revision) (c) in the case of a person referred to in section 17(1)(b), it appears to the court that it would be impracticable to complete the inquiries or make the report without keeping the person in custody.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Matters that may be taken into account 19. A court or police officer, in order to come to a conclusion for the purpose of section 18, may take into consideration (amongst other things) \u2014 (a) the nature and seriousness of the offence (and the probable method of dealing with the defendant or offender); (b) the character, antecedents, associations and community ties of the defendant or offender; (c) the defendant\u2019s or offender\u2019s record as respect the fulfilment of his obligations under previous grants of bail (whether granted under this Law or otherwise); and (d) in the case of a person referred to in section 17(1)(a), the strength of the evidence of the defendant having committed the offence. PART IV - Rules of Court\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Rules of court 20. (1) A rule making authority in respect of a court may make such rules of court in respect of that court as it considers necessary or convenient for the purposes of this Law. (2) Subsection (1) is without prejudice to any other power to make rules the rule making authority has. Publication in consolidated and revised form authorised by the Cabinet this 14th day of July, 2015. Meredith Hew Acting Clerk of Cabinet\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2015_07_17\", \"date\": \"2015-07-17\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2015_07_17\", \"timeInterval\": 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2005\nLaw 27 of 2006-14th September, 2006\nLaw 10 of 2010-1st March, 2010\nLaw 19 of 2012-31st August, 2012.\n\nConsolidated and revised this 2nd day of July, 2015.\n\nNote (not forming part of the Law): This revision replaces the 2010 Revision which\nshould now be discarded.\n\nBail Law (2015 Revision)\nArrangement of Sections\n\nc\nRevised as at 2nd day of July, 2015\nPage 3\n\nCAYMAN ISLANDS\n\nBAIL LAW\n(2015 Revision)\nArrangement of Sections\nSection\nPage\nPART I - Introductory\n1.\nShort title ...................................................................................................................................5\n2.\nDefinitions ..................................................................................................................................5\nPART II - Grant of Bail in Criminal Proceedings\n3.\nBail in criminal proceedings .......................................................................................................6\n4.\nRecognisance or security may be required ................................................................................6\n5.\nSurety or sureties may be required ............................................................................................6\n6.\nFurther requirements on grant of bail. ........................................................................................6\n7.\nConditions of bail .......................................................................................................................7\n8.\nDecisions to be recorded and made available ............................................................................8\n9.\nPerson to be advised of any other right to bail ...........................................................................8\n10.\nForfeiture of recognisance or security ........................................................................................8\n11.\nOffence of not surrendering to custody ......................................................................................9\n12.\nArrest for failure to surrender to custody, etc. .............................................................................9\n13.\nArrest of person on bail ............................................................................................................ 10\n14.\nOffence of agreeing to indemnify surety, etc. ........................................................................... 10\n15.\nSubsequent applications for bail .............................................................................................. 11\n16.\nCourt\u2019s power to vary, etc., bail conditions ............................................................................... 11\nPART III - Right of Accused Persons and Others to Bail\n17.\nPersons entitled to bail ............................................................................................................ 11\n\nArrangement of Sections\nBail Law\n\nPage 4\nRevised as at 2nd day of July, 2015\nc\n\n18.\nGeneral right to bail ................................................................................................................. 12\n19.\nMatters that may be taken into account ................................................................................... 13\nPART IV - Rules of Court\n20.\nRules of court .......................................................................................................................... 13\n\nBail Law (2015 Revision)\nSection 1\n\nc\nRevised as at 2nd day of July, 2015\nPage 5\n\nCAYMAN ISLANDS\n\nBAIL LAW\n(2015 Revision)\nENACTED by the Legislature of the Cayman Islands.\nPART I - Introductory\n1.\nShort title\n1.\nThis Law may be cited as the Bail Law (2015 Revision).\n2.\nDefinitions\n2.\nIn this Law \u2014\n\u201cbail\u201d means bail grantable under the law (including the common law);\n\u201cbail in criminal proceedings\u201d means \u2014\n(a)\nbail grantable in or in connection with proceedings for an offence to a\nperson who is accused or convicted of the offence; or\n(b) bail grantable in connection with an offence to a person who is under\narrest for the offence or whose arrest for the offence a warrant (endorsed\nfor bail) is being issued;\n\u201ccourt\u201d includes a judge, a magistrate and a justice of the peace;\n\u201c electronic monitoring\u201d means surveillance utilizing an electronic device\nattached to a person, usually by means of an ankle bracelet, allowing the\nperson\u2019s location to be monitored and his position and the electronic device\u2019s\ncurrent status to be reported back to a central location;\n\nSection 3\nBail Law\n\nPage 6\nRevised as at 2nd day of July, 2015\nc\n\n\u201cpolice officer\u201d means a police officer within the meaning of the Police Law\n(2014 Revision) being of the rank of sergeant and above; and\n\u201csurrender to custody\u201d, in relation to a person released on bail, means\nsurrendering to custody in accordance with the requirements of the grant of\nbail.\nPART II - Grant of Bail in Criminal Proceedings\n3.\nBail in criminal proceedings\n3.\nIf bail is granted in criminal proceedings it shall be granted in accordance with\nthis Law.\n4.\nRecognisance or security may be required\n4.\nA court or police officer shall not make it a condition on the grant of bail in criminal\nproceedings that the person granted bail provides any recognisance or security for\nhis surrender to custody unless it appears to the court or police officer that the\nperson is unlikely to remain in the Islands until the time appointed for him to\nsurrender to custody, in which case he may be required to provide, or have provided\non his behalf, before release on bail, recognisance or security for his surrender to\ncustody.\n5.\nSurety or sureties may be required\n5.\n(1) A court or police officer may require a person before release on bail in\ncriminal proceedings to provide a surety or sureties to secure his surrender to\ncustody.\n(2) A court or police officer when considering a person\u2019s suitability to be a surety\nmay have regard, among other matters, to his \u2014\n(a)\nfinancial resources;\n(b) character and any previous convictions; and\n(c)\nproximity (of kinship, place of residence or otherwise) to the person for\nwhom he is to be surety.\n6.\nFurther requirements on grant of bail.\n6.\nA court or police officer shall not require a person to comply with any requirements\neither before release on bail in criminal proceedings or later except such\nrequirements as appear to the court or police officer to be necessary to secure that\nthe person \u2014\n(a)\nsurrenders to custody;\n(b) does not interfere with witnesses or otherwise obstruct the course of\njustice, whether in relation to himself or another person; or\n\nBail Law (2015 Revision)\nSection 7\n\nc\nRevised as at 2nd day of July, 2015\nPage 7\n\n(c)\nin the case of a person referred to in section 17(1)(b), makes himself\navailable to enable inquiries or a report to be made to assist the court to\ndeal with him for the offence.\n7.\nConditions of bail\n7.\n(1) A court or police officer shall not grant a person bail in criminal proceedings\nsubject to conditions except such conditions as appear to the court or police\nofficer to be necessary to secure that the person \u2014\n(a)\nsurrenders to custody;\n(b) does not commit any offence while on bail;\n(c)\ndoes not interfere with witnesses or otherwise obstruct the course of\njustice, whether in relation to himself or another person; or\n(d) in the case of a person referred to in section 17(1)(b), makes himself\navailable to enable inquiries or a report to be made to assist the court to\ndeal with him for the offence.\n(2) Where a court or police officer imposes a curfew as a condition, the court or\npolice officer, in addition, may include requirements for securing the\nelectronic monitoring of the person\u2019s whereabouts during the curfew periods\nspecified in the condition.\n(3) A court or police officer may not impose a curfew condition which includes\nthe requirements specified in subsection (2) unless the court or police\nofficer \u2014\n(a)\nhas been notified by the Ministry or Portfolio responsible for electronic\nmonitoring arrangements that such arrangements are available in the area\nin which the place or places proposed to be specified in the condition is\nsituated; and\n(b) is satisfied that the necessary provision can be made under those\narrangements.\n(4) Electronic monitoring arrangements made by the Ministry or Portfolio\nresponsible for such arrangements may include entering into contracts with\nother persons for the electronic monitoring by them of the whereabouts of\npersons on bail.\n(5) A person who damages, destroys or tampers with any device used for or to\nfacilitate his or any other person\u2019s electronic monitoring commits an offence\nand is liable on summary conviction to a fine of five hundred dollars and to\nimprisonment for one year.\n(6) Any document or information in relation to a person provided under electronic\nmonitoring arrangements to which he is subject by the person responsible for\nsuch monitoring shall prima facie be admissible in any courts in the Islands.\n\nSection 8\nBail Law\n\nPage 8\nRevised as at 2nd day of July, 2015\nc\n\n8.\nDecisions to be recorded and made available\n8.\n(1) This section does not apply in respect of the Grand Court.\n(2) When a court or police officer makes a decision in respect of bail in criminal\nproceedings the court or police officer shall make a written record of the\ndecision.\n(3) If a court or police officer \u2014\n(a)\nwithholds bail in criminal proceedings;\n(b) imposes a condition on granting bail in criminal proceedings; or\n(c)\nvaries any condition of bail in criminal proceedings or imposes a\ncondition in respect of such bail,\nthe court or police officer shall give reasons for doing so and include those\nreasons in the record of the decision made in accordance with subsection (2).\n(4) A court or police officer shall provide a copy of a record made under\nsubsection (2) to the person in respect to whom the decision was made if\nrequested to do so by that person.\n9.\nPerson to be advised of any other right to bail\n9.\nIf a court or police officer withholds bail in criminal proceedings from a person not\nrepresented by an attorney-at-law, the court or police officer shall inform the person\nof any other right the person may have to apply for bail in those proceedings.\n10.\nForfeiture of recognisance or security\n10. (1) A court may order the forfeiture of the whole or any part of any recognisance\nor security given by or on behalf of a person under section 4 or 5 if it is\nsatisfied that the person failed to surrender to custody unless it appears to the\ncourt that he has reasonable cause for his failure.\n(2) An order under subsection (1) takes effect twenty-one days after it was made\nunless previously revoked.\n(3) A court that has made an order under subsection (1) may revoke the order if,\non application by or on behalf of the person who gave the recognisance or\nsurety, it is satisfied that a reasonable excuse did exist for the person to fail to\nsurrender to custody.\n(4) An application under subsection (3) may be made before or after the order for\nforfeiture has taken effect, but a court has no power to consider such an\napplication unless it is satisfied that the applicant gave the prosecution\nreasonable notice of his intention to make the application.\n(5) An order under subsection (1) shall specify the way in which the forfeiture is\nto be enforced.\n\nBail Law (2015 Revision)\nSection 11\n\nc\nRevised as at 2nd day of July, 2015\nPage 9\n\n11.\nOffence of not surrendering to custody\n11. (1) A person who has been released on bail in criminal proceedings shall not fail\nwithout reasonable cause to surrender to custody, and a person who fails so to\ndo commits an offence and is liable on conviction to a fine of five thousand\ndollars and to imprisonment for twelve months.\n(2) A person who \u2014\n(a)\nhas been released on bail in criminal proceedings; and\n(b) having a reasonable cause for doing so has failed to surrender to custody,\nshall surrender to custody at the appointed place as soon after the appointed\ntime as is reasonably practicable, and person who fails so to do commits an\noffence and is liable on conviction to a fine of five thousand dollars and to\nimprisonment for twelve months.\n(3) In subsections (1) and (2) it is for the accused to prove that he had reasonable\ncause for failing to surrender to custody.\n(4) A failure by a court or police officer to give a copy of a record to a person\nwhen requested to do so in accordance with section 8(4) does not constitute a\nreasonable cause for that person\u2019s failure to surrender to custody.\n(5) In proceedings for an offence under subsection (1) or (2), a document that \u2014\n(a)\npurports to be part of the record \u2014\n(i)\nmade under section 8(2); or\n(ii) in the case of bail granted by the Grand Court, made by the Grand\nCourt in respect of the grant of bail,\nso far as it relates to the time and place appointed for the person specified in\nthe record to surrender to custody; and\n(b) is certified to be a true copy \u2014\n(i)\nin the case of bail granted by a police officer, by that police\nofficer; or\n(ii) in the case of bail granted by a court, by the Clerk of the Grand\nCourt,\nis evidence of the matter so recorded.\n12.\nArrest for failure to surrender to custody, etc.\n12. (1) A court may issue a warrant for the arrest of a person it has released on bail in\ncriminal proceedings if he fails to surrender to custody.\n(2) A court may issue a warrant for the arrest of a person it released on bail in\ncriminal proceedings and who has surrendered into its custody if he absents\nhimself from the court without the court\u2019s approval before it is ready to begin\nor resume the proceedings in respect of that person.\n\nSection 13\nBail Law\n\nPage 10\nRevised as at 2nd day of July, 2015\nc\n\n13.\nArrest of person on bail\n13. (1) A police officer may arrest without warrant a person on bail in criminal\nproceedings \u2014\n(a)\nif the officer has reasonable grounds to believe that the person is not\nlikely to surrender to custody;\n(b) if the officer has reasonable grounds to believe that the person is likely to\nbreak or has broken a condition of his bail; or\n(c)\nif a surety notifies the officer that the person is unlikely to surrender to\ncustody and for that reason wishes to be relieved of his obligations as\nsurety.\n(2) A person arrested under subsection (1) shall, as soon as practicable, be brought\nbefore \u2014\n(a)\nthe court that granted him bail; or\n(b) the police officer who granted him bail or, if that officer is not available,\nan officer of a rank equal to or higher than the rank of the officer that\ngranted him bail, as the case may be.\n(3) A court or police officer before whom a person is brought under subsection (2)\nshall remand the person in custody if the court or officer is of the opinion that\nthe person \u2014\n(a)\nis not likely to surrender to custody; or\n(b) is likely to break or has broken a condition of his bail,\nbut if not of that opinion shall release him on bail subject to the same\nconditions, if any, as were originally imposed.\n14.\nOffence of agreeing to indemnify surety, etc.\n14. (1) A person shall not \u2014\n(a)\nagree to indemnify a person from any liability he may incur as surety to\nsecure the surrender to custody of a person granted bail in criminal\nproceedings; or\n(b) agree to act as a surety to secure the surrender to custody of a person\ngranted bail in criminal proceedings on condition that he is indemnified\nfrom any liability he may thereby occur,\nand if the person so agrees, he commits an offence and is liable on conviction\nto a fine of five thousand dollars and to imprisonment for twelve months.\n(2) An offence is committed under subsection (1) whether or not \u2014\n(a)\nthe agreement is made before or after the person to be indemnified\nbecomes a surety; or\n(b) the agreement contemplates compensation in money or money\u2019s worth.\n\nBail Law (2015 Revision)\nSection 15\n\nc\nRevised as at 2nd day of July, 2015\nPage 11\n\n(3) Proceedings for an offence under subsection (1) may only be instituted by or\nwith the consent of the Director of Public Prosecutions.\n15.\nSubsequent applications for bail\n15. (1) If a court has refused to grant a person bail in criminal proceedings it shall\nconsider at each subsequent hearing while the person is eligible for bail in\nthose proceedings whether the person ought to be granted bail.\n(2) At the first hearing after that at which the court decided not to grant a person\nbail that person may support an application for bail with any argument as to\nfact or law whether or not he has previously advanced the argument.\n(3) At any subsequent hearing the court need not hear an argument it has\npreviously heard.\n16.\nCourt\u2019s power to vary, etc., bail conditions\n16. (1) A court may \u2014\n(a)\nimpose a condition or a further condition on bail it has granted in\ncriminal proceedings after it has granted such bail; or\n(b) vary or rescind any condition subject to which it has granted bail in\ncriminal proceedings,\non the application of the person to whom bail was granted, the prosecutor or a\npolice officer.\n(2) Section 8 applies in respect of any decision made by a court, other than the\nGrand Court, under subsection (1).\nPART III - Right of Accused Persons and Others to Bail\n17.\nPersons entitled to bail\n17. (1) Subject to subsection (2), a person is entitled to bail under this Part if he\nhas been \u2014\n(a)\naccused of an offence but not convicted of the offence;\n(b) convicted of an offence and the case has been adjourned by the court to\nenable inquiries or a report to be made to assist the court to deal with him\nfor the offence; or\n(c)\nconvicted of an offence under the Misuse of Drugs Law (2014 Revision)\nand is appearing or has been brought before a court under section 39 or\n42 of that Law.\n(2) A person accused or convicted of any of the following offences is not entitled\nto bail \u2014\n\nSection 18\nBail Law\n\nPage 12\nRevised as at 2nd day of July, 2015\nc\n\n(a)\nmurder;\n(b) manslaughter;\n(c)\nrape, or any other offence of a sexual nature against a person punishable\nby imprisonment for four years or more;\n(d) arson;\n(e)\nwounding or causing grievous bodily harm;\n(f)\nwounding or inflicting grievous bodily harm;\n(g) burglary;\n(h) robbery;\n(i)\nextortion;\n(j)\nkidnapping;\n(k) abduction;\n(l)\nwrongful confinement;\n(m) bomb hoax;\n(n) aiding a prisoner to escape;\n(o) any offence against the Firearms Law (2008 Revision) punishable by\nimprisonment for four years or more;\n(p) any offence against the Misuse of Drugs Law (2014 Revision) (other than\nthe offence of consuming), punishable by imprisonment for four years\nor more;\n(q) any offence against the Terrorism Law (2015 Revision) punishable by\nimprisonment for four years or more;\n(r)\nconspiracy to commit any of the offences listed in paragraphs (a)\nto (q); and\n(s)\nany attempt to commit any of the offences listed in paragraphs (a) to (q).\n18.\nGeneral right to bail\n18. A court or police officer shall grant bail to a person who is entitled to bail under this\nPart unless \u2014\n(a)\nthe court or police officer is satisfied the person, if released on bail,\nwould \u2014\n(i)\nfail to surrender to custody;\n(ii) commit an offence while on bail; or\n(iii) interfere with witnesses or otherwise obstruct the course of justice,\nwhether in relation to himself or another person;\n(b) the court or police officer is satisfied the person should remain in custody\nfor his protection or welfare; or\n\nBail Law (2015 Revision)\nSection 19\n\nc\nRevised as at 2nd day of July, 2015\nPage 13\n\n(c)\nin the case of a person referred to in section 17(1)(b), it appears to the\ncourt that it would be impracticable to complete the inquiries or make the\nreport without keeping the person in custody.\n19.\nMatters that may be taken into account\n19. A court or police officer, in order to come to a conclusion for the purpose of\nsection 18, may take into consideration (amongst other things) \u2014\n(a)\nthe nature and seriousness of the offence (and the probable method of\ndealing with the defendant or offender);\n(b) the character, antecedents, associations and community ties of the\ndefendant or offender;\n(c)\nthe defendant\u2019s or offender\u2019s record as respect the fulfilment of his\nobligations under previous grants of bail (whether granted under this Law\nor otherwise); and\n(d) in the case of a person referred to in section 17(1)(a), the strength of the\nevidence of the defendant having committed the offence.\nPART IV - Rules of Court\n20.\nRules of court\n20. (1) A rule making authority in respect of a court may make such rules of court in\nrespect of that court as it considers necessary or convenient for the purposes of\nthis Law.\n(2) Subsection (1) is without prejudice to any other power to make rules the rule\nmaking authority has.\nPublication in consolidated and revised form authorised by the Cabinet this 14th\nday of July, 2015.\nMeredith Hew\nActing Clerk of Cabinet","akn_extracted_at":"2026-06-22 15:30:38.566696+00","cms_id":"1992-0007","law_type":"principal","year":"1992","number":"7","title":"Bail Act","status":"in_force"},"provenance":{"files":[{"file_id":"5025","expr_id":"201","kind":"akn_xml","filename":"1992-0007_2015 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1992\/1992-0007\/1992-0007_2015 Revision.akn.xml","content_md5":"42b1a9210e7e0605b279bcd86c29118a","byte_size":"21757","http_last_modified":null,"fetched_at":"2026-06-22 15:30:39.074712+00"},{"file_id":"401","expr_id":"201","kind":"pristine_pdf","filename":"1992-0007_2015 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1992\/1992-0007\/1992-0007_2015 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1992\/1992-0007\/1992-0007_2015 Revision.pdf","content_md5":"04421206ce026a9589749efbe8526b36","byte_size":"509421","http_last_modified":null,"fetched_at":"2026-06-21 23:09:33.890888+00"},{"file_id":"402","expr_id":"201","kind":"working_pdf","filename":"1992-0007_2015 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1992\/1992-0007\/1992-0007_2015 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1992\/1992-0007\/1992-0007_2015 Revision.pdf","content_md5":"04421206ce026a9589749efbe8526b36","byte_size":"509421","http_last_modified":null,"fetched_at":"2026-06-21 23:09:33.890888+00"}],"paragraph_count":12,"latest_history":null},"quality":{"expr_id":"201","doc_id":"201","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample ends with truncation indicator and partial section content; full text should be reviewed to confirm completeness.","assessed_at":"2026-06-22 15:29:44.879951+00","updated_at":"2026-06-22 15:29:44.879951+00"}}