BAIL IN THE TRINIDAD AND TOBAGO CONTEXT

Many persons hear the term bail and they automatically think I need a deed.

Is this the case all the time?

What do you know about bail?

What is Bail?

Bail can be defined as a person’s release from jail pre- trial. It may be regarded as a contract, where an accused person is released on specific terms from custody to his or her surety/sureties.

Who is a surety?

This is a person who takes responsibility for another's performance of an undertaking, for example their appearing in court. In most instances the responsibility is financial.

Is there only one type of bail?

The answer to that question is NO, there are different ways in which bail can be granted some of these include:

1. OWN BAIL: this occurs where the accused signs the Bail Bond for himself/herself. This option is usually only granted in instances where minor offences were committed.

1. BAIL WITH A NAMED SURETY – In this instance approval of a named Bailor in Court, can be utilised, there is no need for financial security from the surety.

• The Bailor must have in his/her possession:

1. A valid Trinidad and Tobago National Identification Card or

2. A valid Trinidad and Tobago Drivers’ Permit or

3. A valid Trinidad and Tobago Valid Passport.

1. BAIL WITH SURETY TO BE APPROVED BY THE CLERK OF THE PEACE – In this instance the bailor or surety must first be approved by the Clerk of the Peace.

• He/she would need to provide:

1. A Certified copy of a Deed,

2. Most recent Land and Building Taxes Receipt, and

3. Valid Identification Card, Passport/Drivers’ Permit

4. CASH BAIL – This is where a cash alternative as the surety is permitted.

• The documents required are:

1. A certified cheque in the name of the Senior Magistrate of the relevant District Court;

2. a valid form of Identification;

3. The cheque must be deposited in an interest bearing account and returned on the completion of the matter.

Some common conditions that can be imposed so as to facilitate the granting of bail are:

• The Surrender of the accused passport to the court.

• Reporting to any Police Station.

Is standing as a surety/bailor for an accused a serious commitment?

If the accused absconds will I lose my property?

Standing as surety for someone to be released on bail is a very serious commitment and should not be entered into lightly.

If the accused absconds:

1. A warrant will be issued for the arrest of the accused;

2. Any bail bond will be forfeited; and

3. A summons to show cause will be issued to the bailor

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