Nobody desires to be on the wrong side of the law. However, in the event, you are arrested Article 111 of the UAE Criminal Procedures Law allows bail to be granted for lesser infractions such as overstay or bounced cheques. Granting bail is at the discretion of the public prosecution and the stipulated conditions of the Bail must be followed at all times. Breaking these conditions can have bail revoked.
Types of Bail / Guarantee
The UAE has two types of conditional bail granted by the Courts, Police or the Public Prosecution. We will now briefly look at them.
The Financial Guarantee
A financial guarantee refers to the payment of an agreed amount to allow for temporary release under Article 122 of the Criminal Law. If any bail conditions are broken the accused forfeits this money. The surrendering of one’s passport with the payment can be a requirement in some cases. This decision to keep the passport rests with the presiding Prosecutor or Judge.
The Personal Guarantee
A personal guarantee is a petition for release to the Public Prosecution. The Public Prosecution grants bail to the accused with the understanding that they appear in Court on the days required. The Personal Guarantee can be:
- A Self-Guarantee – The accused’s passport’s retained or
- A Bail Guarantor who maybe a family member or third party.
The Bail Guarantor is solely responsible for guaranteeing the accused’s compliance with the bail terms upon release. This is a huge responsibility.
The Bail Guarantor and Liability
Here are some of the Legal Liabilities the Bail Guarantor needs to be aware of:
- The accused and bail guarantor must sign the Bail Bond that outlines the nature of the charge. Additionally, a number of stipulations will also be on the bond and these can have serious legal consequences for the bail guarantor should the accused default.
- Signing the bail bond means the guarantor assures the court the accused gets to court when needed. The condition applies until the case ends or receives a dismissal.
- Part of the Guarantor`s condition is surrendering their passport to the authorities. To be accepted as collateral the Passport must be valid with a valid visa. The accused is released and “Qafala” given.
- The Bail Guarantor accepts the accused’s liability and should expect to pay any fines the accused incurs for breaking bail along with any subsequent civil action should the accused abscond.
- To reduce the abscond risk a financial guarantee tries to ensure the accused attends all the required court proceedings.
- The guarantor takes on all the criminal and civil liability of the accused if the accused fails to attend court and chooses to abscond.
- The guarantor needs to take note that if the accused has to pay a fine to court he will be liable for whatever amount is mentioned.
When is the Bail Guarantor Released from Their Obligation?
The Bail Guarantor is no longer liable for the accused once the case closes or the case is dismissed. The financial guarantees deposited for extra security by the Bail guarantor are returned at this time.
One of the top practices in the UAE is here to help
All cases need to be handled with due diligence and we here are HHS Lawyers can provide just that. Our highly qualified team can walk you through the entire process. With years of experience, we take on the task of making sure all the formalities are addressed and carried out correctly so you don’t have. All you effectively need to do in this instance is to make sure you attend all the court dates.
Feel free to call to make a booking with us today for the initial consultation.