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Police Bond/ Bail

A Police Bond /bail is a promise in writing by an accused person or surety to pay an amount fixed by a court or Police officer should the accused named in the document fail to appear at court or scheduled date. Police Bond is usually given at the Police Station and is usually authorized by the Officer-in-Charge of the station.
A Bail or Bond is one method used to obtain the lease of a defendant awaiting trial upon criminal charges from the custody of law enforcement officials. When any accused person is released on Police Bond/Bail, that person is not cleared of the crime committed and therefore, they will be required to appear before court on a date, time and place indicated on the police bond.

Conditions for an Accused Person to be Granted Bond/Bail

In order for police Bond or Bail to be given to an accused person, the following conditions must be met:-

Must not engage in any criminal activities while on Bond/Bail
Must not interfere with witnesses
Must keep the peace or be of good behaviour
Must have surety or sureties sufficient, in the opinion of the police officer concerned or court, to secure his appearance
May be released upon his/her own recognisance if such officer or court thinks fit
Must not be facing non bailable offences such as murder, treason, misprision of treason or treason felony, aggravated robbery and if facing a charge of Theft of Motor Vehicle, must be a first offender
Must not be facing an offence under the state security act, where the director of public Prosecutions certifies that it is likely that the safety or interest of the public could thereby be prejudice; shall not be granted bail by either a subordinate court, the high court or supreme court or be released by any police officer
If it is cash Bail, the accused must raise the amount of money so prescribed by the court. The amount of Bail shall, in every case, be fixed with due regard to the circumstances of the case, but shall not be excessive
The accused is not required to pay any money for a police Bond (police Bond is free)
The court or police officer admitting a person to Bail or releasing on his own recognisance may, in place of a Bail/Bond, accept a deposit of money, deposit of property, from any person who would otherwise have had to execute a Bail and may attach to such deposit such conditions as might have been attached to a Bail/Bond, and on any breach of any such condition, such deposit shall be forfeited.
For not keeping the peace or exhibiting bad behaviour
For engaging in criminal activities while on Bond/bail
For interfering with witnesses
Failure to appear for court proceedings
When sureties withdraw
If, through mistake, fraud or otherwise, insufficient sureties have been accepted or if they afterwards become insufficient the court may issue a warrant of arrest directing that the person released on bail be brought before it, and may order him to find sufficient sureties, and on his failing to do so, may commit himself to prison
Sureties must commit themselves and assure the police or court that the arrested person will be presented before the court once they are granted Bail or Police Bond
Must be of fixed abode or have fixed place of residence
Must be a credible person or someone with no criminal record
In certain cases, they may also be required to pay cash which will be forfeited if the conditions are breached.
A surety can apply to a magistrate to discharge the bail/bond either wholly or so far as it relates to the applicant or applicants.
Once an application has been granted by the magistrate, a warrant of arrest can be issued directing that the person so released be brought before him
Following the discharge of surety/s, the person who is on Bond or bail may be committed to prison unless he or she finds other surety or sureties
Where a surety dies before the Bond/Bail is forfeited, his estate shall be discharged from all liability but, the party who gave the Bond may be required to find another surety
Forfeiture of the amount pledged If the bail was cash, the amount deposited will be forfeited
Where the accused fails to appear before court, the surety must offer a reasonable explanation to the court
Imprisonment in appropriate cases or if the amount pledged is not paid
Where the accused jumps bail or bond without reasonable course, a Warrant of arrest is issued against the principle party and summons against the surety/sureties. Once the principle party is arrested, he /she would be required to pay a recognisance sum indicated in the Bail or Bond
Where the surety/sureties disobey the summons, a warrant of arrest is issued and they will be remanded in custody until the recognisance fee is paid
Where the court has been reliably informed that a person on Bond/bail is about to leave Zambia, the court can course such a person to be arrested and committed to prison unless he is admitted to Bail again upon further recognisance
Whenever, any person shall appear at the time and place mentioned in any recognisance entered into by him, the court may, by order, indorse such recognisance and declare the same to be forfeited
On the forfeiture of recognisance, the court may issue its Warrant of distress for the amount mentioned in such recognisance, or for the imprisonment of such person and his surety/sureties, for any term not exceeding six months, unless the amount mentioned in such recognisance be sooner paid or levied
A Warrant of distress may be executed within the local limits of the jurisdiction of the court which issued it, and it shall authorise the distress and sell of any property belonging to such person and his surety /sureties, without such limits, when indorsed by a magistrate holding a subordinate court of the first or second class within the local limits of whose jurisdiction such property is found.

Revocation of Bond/ Bail

The police or the court may, at any time, revoke or cancel Bond/Bail under the following circumstances;
Sureties
A surety is a person who commits themselves and assures the court that the arrested person will be presented before the court once they are granted bail or a Police Bond. Where the accused fails to appear before court, the surety must offer a reasonable explanation to the court.

Conditions for a Surety to Sign Bond or Bail

Before one is allowed to sign as a surety, there are certain conditions that need to be fulfilled. These include;

Discharge of Sureties

Note
If the conditions are not breached, the amount deposited in the case of cash bail, the cash can be claimed from the clerk where the same was paid.

Consequences of Non Appearance of an Accused after being Granted Bond or Bail

• Forfeiture of the amount pledged

• If the bail was cash, the amount deposited will be forfeited
• Where the accused fails to appear before court, the surety must offer a reasonable explanation to the court
• Imprisonment in appropriate cases or if the amount pledged is not paid
• Where the accused jumps bail or bond without reasonable course, a Warrant of arrest is issued against the principle party and summons against the surety/sureties. Once the principle party is arrested, he /she would be required to pay a recognisance sum indicated in the Bail or Bond
• Where the surety/sureties disobey the summons, a warrant of arrest is issued and they will be remanded in custody until they recognisance fee is paid
• Where the court has been reliably informed that a person on Bond/bail is about to leave Zambia, the court can course such a person to be arrested and committed to
• prison unless he is admitted to Bail again upon further recognisance
• Whenever, any person shall appear at the time and place mentioned in any recognisance entered into by him, the court may, by order, indorse such recognisance and declare the same to be forfeited

• On the forfeiture of an recognizance, the court may issue its Warrant of distress for the amount mentioned in such recognisance, or for the imprisonment of such person and his surety/sureties, for any term not exceeding six months, unless the amount mentioned in such recognisance be sooner paid or levied

• A Warrant of distress may be executed within the local limits of the jurisdiction of the court which issued it, and it shall authorise the distress and sell of any
• Property belonging to such person and his surety /sureties, without such limits, when indorsed by a magistrate holding a subordinate court of the first or second class within the local limits of whose jurisdiction such property is found.

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