Bail in the UAE

In the UAE, bail is a legal process that allows an accused person to be released from custody while awaiting trial. It is an important part of the criminal justice system and can be used to ensure that individuals are not held in jail for extended periods of time without due process. Understanding the bail process in the UAE can be a challenge for those not familiar with the legal system. In this article, we will discuss the types of bail in the UAE, the conditions that are imposed on accused persons, the consequences of violating bail provisions, and the circumstances in which bail may be revoked.

Conditions for Bail in the UAE

The conditions for bail in the UAE are very strict. The authority to grant bail depends on the stage of the criminal proceedings. If the case is with the police, they may grant bail before transferring the case to the Public Prosecution. Once the case has been transferred to the Public Prosecution, they have the authority to grant bail before transferring the case to the court for trial. Lastly, if the case has already reached the court, the judge may grant bail before issuing the final judgment.

It is essential to note that the decision to grant bail is not automatic and depends on several factors, including the severity of the crime, the likelihood of the accused fleeing the country, and the potential danger they may pose to the community.

Types of Bail in the UAE

When an individual is released on bail, they are required to accept certain conditions in order to ensure that they comply with the terms of their release and attend all court proceedings. One of the most common conditions of bail is the acceptance of security for bail.

There are two types of security that can be accepted for bail: personal security and financial security. 

Personal security typically involves the surrender of the accused person’s passport or the passport of a third person as a guarantee that they will comply with the conditions of their release. This means that the accused person will not be able to leave the country while they are on bail.

Financial security, on the other hand, refers to the submission of a financial bond as a guarantee for bail. The amount of the financial bond is determined by the court and is typically based on the severity of the offense and the risk of flight by the accused person. The guarantor of the accused person must sign the financial bond and agree to pay a certain amount of money if the accused person fails to comply with the conditions of their release.

It is important to note that the conditions of bail can be strict and may vary depending on the individual case. For example, the accused person may be required to report to a police station at certain intervals, surrender their travel documents, or avoid contact with certain individuals. It is the responsibility of the accused person and their guarantor to ensure that they comply with all conditions of their bail in order to avoid any revocation of their bail order.

Revocation of Bail

It is important to note that the decision to grant bail is not permanent and can be revoked in certain situations. According to Article 115 of the Criminal Procedural Law, the public prosecution has the right to revoke the bail order and issue another order for the arrest of the accused.

There are several circumstances in which bail can be revoked. Firstly, if the evidence against the accused becomes stronger, meaning that there is a stronger case against them, the public prosecution may decide to revoke the bail order. Secondly, if the accused fails to fulfill their duties or breaches the conditions of their bail, such as not attending court proceedings or trying to flee the country, the bail may be revoked. Thirdly, if there are any other circumstances that the public prosecution deems require such a measure, the bail may be revoked.

Additionally, if the bail order had been issued by the court, the order to arrest the accused would have to be issued by the same court based on the request of the public prosecution. This means that if the public prosecution decides to revoke the bail, they will have to make a request to the court to issue an order for the arrest of the accused.

It is important for the accused and their guarantor to understand that the conditions of the bail must be taken seriously and strictly adhered to in order to avoid revocation of the bail order. Any breach of the bail conditions can lead to serious consequences, including the revocation of bail and the issuance of a new arrest order.

Violation of Bail 

The violation of bail provisions can have serious consequences for the accused person and their guarantor. If the accused person fails to comply with the conditions of their release or breaches the bail provisions, the public prosecution may seek to revoke the bail and have the accused person arrested again. In such cases, the government may take over the guarantee provided by the accused or their guarantor as security for the bail amount.

If a violation of bail occurs, the guarantee provided by the accused or their guarantor may be taken over by the government as security for the bail amount.

On the other hand, if the case against the accused person is concluded and they are acquitted or convicted, the guarantee provided by the accused or their guarantor will be returned in full. In such cases, the accused person will also be released from any undertaking related to their bail. This means that if the accused person has fulfilled all the conditions of their bail and has appeared in court for all proceedings related to their case, their guarantor will not be held liable for any damages or losses incurred by the state or the victim.