What is bail?
Bail is the process of procuring the release of a person from legal custody upon an undertaking that the person will appear at a specified time and place.
How did Azu-Crabbe JSC define bail?
Bail is the procedure by which a person arrested or imprisoned for an offence is set at liberty.
(Republic v Registrar of High Court; Ex Parte Attorney-General)
What is a bail bond?
A bail bond is the written undertaking signed by the accused (principal) and, where applicable, the surety, guaranteeing the accused’s appearance in court.
Who is the principal party in bail?
The accused person for whom bail is granted.
Who is a surety?
A person who guarantees that the accused will comply with bail conditions and appear in court.
What is the legal nature of a bail bond?
It is a civil contract between the principal and surety on one hand, and the State on the other.
(Daswani v Commissioner of Police (No.2))
Does breach of bail create criminal liability for the surety?
No. It creates civil liability (forfeiture), not criminal liability.
(Martin Kpebu (No.1) v Attorney-General)
What is self-recognisance bail?
Bail granted without a surety, based solely on the accused’s promise to appear in court.
Can a surety be imprisoned for breach of a bail bond?
No. Imprisonment of a surety for breach was declared unconstitutional.
(Martin Kpebu v Attorney-General)
What constitutional principles justify bail?
Article 14 – Right to liberty
Article 19(2)(c) – Presumption of innocence
What is police enquiry bail?
Bail granted by the police during investigations.
What is the 48-hour rule?
Under Article 14(3) and Section 15 of Act 30, if investigations are not completed within 48 hours, the suspect must be granted bail or brought before court.
Can police bail conditions be reviewed?
Yes. Excessive conditions may be reviewed by the High Court or Circuit Court.
What statutory provision governs bail pending trial?
Section 96 of Act 30.
Is bail pending trial discretionary?
Yes. It lies within the discretion of the court but must be exercised judicially and not punitively.
Can bail be granted at any stage of proceedings?
Yes, at any stage before conviction.
Can the court grant bail on its own motion?
Yes, the court may grant bail suo motu.
What factors allow the court to refuse bail under Section 96(5)?
Risk of absconding
Interference with witnesses/evidence
Likelihood of committing another offence
Offence committed while already on bail (punishment > 6 months)
What factors guide the court under Section 96(6)?
Nature of accusation
Strength of evidence
Severity of punishment
Previous breach of bail
Fixed place of abode
Employment status
Competence of sureties
Are any offences now non-bailable in Ghana?
No. Section 96(7) was declared unconstitutional. All offences are bailable.
(Martin Kpebu v Attorney-General No.2)
What is bail pending appeal?
Bail granted to a convicted person while an appeal is pending.
What is a sine qua non for bail pending appeal?
There must be a pending appeal.
What statute governs bail pending appeal by Superior Courts?
Section 33 of Act 459.
What conditions justify bail pending appeal?
(Fynn & Ors v The Republic)
A.
Exceptional or unusual circumstances
Likelihood of success on appeal
Need to prepare appeal properly
Risk of serving substantial sentence before appeal is heard
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Introduction54
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Nolle Prosequi37
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Role of the Attorney General20
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Role of the Police and Arrest37
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Keeping the peace and good behavior20
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Criminal Proceedings Provisions17
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Institution of Criminal Proceedings26
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Punishment25
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Appeals26
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Defences31
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Bail35
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Mode of Trial and Trial on Indictment29
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Plea Bargaining47
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Juvenile Justice System14
