Resident Guide | Legal Issues

How to bail out an accused

The UAE law allows you to bail out an accused, except in cases of a murder suspect or if the authorities believe the defendant will flee the country or be a danger to the society.

  • By Bassma Al Jandaly, Staff Reporter
  • Published: 12:41 July 20, 2009

How to bail out an accused
  • Image Credit: Supplied
  • Bailing out is the act of putting up money or a bond to secure the release of a person who has been charged or has been accused of a crime.

Dubai: The UAE law allows you to bail out an accused, except in cases of a murder suspect or if the authorities believe the defendant will flee the country or be a danger to the society.

Bailing out is the act of putting up money or a bond to secure the release of a person who has been charged or has been accused of a crime.

To be able to bail someone out you have to be an Emirati or an expatriate with a valid residence visa.

If you are on a visit visa, you cannot post a bond because the court wants to be sure that they will not disappear after they bail out the suspect.

Elderly persons of a certain age cannot bail out anyone because it would be difficult to bring them to the court when requested.

Children and teenagers under 18 years cannot provide a bond for anyone.

Women can post financial security, but under certain conditions. She can bail out a defendant or person who has been charged only if that person is her close blood relative.

Employees cannot post a bond for their employer because such a bail may be made under pressure, threat, intimidation or duress.

For minor crimes, the bail is usually set by a schedule which will show the amount to be paid before any court appearance. For serious crimes the amount of bail is set by the judge at the suspect's first court appearance.

Filing application

The theory is that bail guarantees the appearance of the defendant in court when required.

There are no specific conditions that apply to all cases, due to the fact that the decision of the bail amount is rendered by the judge according to the facts and circumstances of each case.

In some traffic issues the defendant may submit the bail by non-attendance since the bail is equal to the fine.

In financial cases the process is different as the person posting surety must be capable of meeting financial obligations.

The person must appear at the public prosecution building to post the bail. He must have a proper address and be accessible whenever called by the court when necessary.

If the bail decision requires the seizure of the passport, it should be a valid passport with a valid residence visa, in case the person bailing out the accused is an expatriate.

The bail application must be made in writing and must specify the name of the defendant to be released, his nationality and the case number, subject to the bail.

The applicant must apply writing his full name, nationality and relationship with the defendant either at the courts, police headquarters, public prosecutor or at a police station.

Replacement clauses

The person bailing out someone can be replaced after the cancellation of the bail of the person who earlier posted surety.

The judge may accept the cancellation of the bail and may issue an arrest warrant against the defendant if the person posting bail was not able to bring the accused, he or she bailed, in front of the court.

To cancel a bail, you need to submit a written application in which the incidents of the case are clarified.

The person posting bail has to make sure the accused attends court to answer charges made against him or her by indictment, information or complaint.