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The process of bail and reclaiming bail money at the Georgetown Magistrates’ Court
By Renay Sambach
Bail is a cash bond for a defendant to be temporary released from prison pending trial. Bail is sometimes granted with conditions attached to it.
Georgetown Magistrates’ Court
A defendant may be required to lodge his/her passport or report at an identified police station on an instructed day, keep-the-peace-bond and stay 100 feet from the virtual complaint.
Before a Magistrate some offences are bailable like simple larceny, break and enter, assault, threatening language and causing death by dangerous driving. For more serious offences like murder and treason, bail will not be granted by a magistrate.
However, not all defendants who are charged for simple offences are granted bail. In the instance if the court sees the defendant as a flight risk or the defendant is known to the police from previously committing other offences bail maybe refused.
If a bail application is denied by a magistrate, the defendant or his/her attorney could make a further bail application to a Judge of the High Court. Judges in the High Court can grant the defendant bail and also reduce the amount of bail fixed by a Magistrate.
When bail is granted by a Magistrate/Judge, the bail is then paid by the person posting bail for that defendant at the Supreme Court Registry a receipt will then be handed to the person posting the bail. This receipt must be kept until the end of the matter.
What most people don’t know is that bail is different from a fine. You always get back your bail money. A Fine also known as ‘mulct’ is an order by the Magistrate for the defendant to pay a given amount of cash as a punishment for a crime or other offences.
Bail is an alternative security until the end of trial. In some cases when the preliminary inquiry in the Magistrates’ Courts is over and the matter is then transferred to the High Court for trial the defendant’s attorney will have to renew the bail application for his/her client.
They are many different parts of bail and consequences that follow if the defendant who was granted bail does not return to court when instructed to or if the defendant does not fulfill the conditions attached to the bail.
If such happens the bail will be forfeited and the person who pays the bail will not be able to reclaim their bail money.
Many persons could be seen flocking the Georgetown Magistrates’ Courts collecting office on the date set for persons to reclaim their bail money after the completion of the matter.
While many persons reclaim their bail money others have difficulties reclaiming theirs for many different reasons. The most common issue is, most persons misplace their bail receipt which is very important in reclaiming bail money.
Other reasons vary from the bail receipt being soiled or torn beyond recognition.
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