Bail is not always granted. It may be denied depending upon the gravity or seriousness of the charge and the possibility that the accused will flee. To fail to appear in court when one has been granted bail will cause the revocation of the bail and the re-arrest of the accused.
After you have been arrested and before you are due to appear in court, you may post bail. Posting bail has the effect of giving the accused temporary freedom. Not all arrested persons can post bail. Those who are at risk for flight will not be allowed to post bail until after they have appeared in court.
The police can grant bail to an accused person who has been arrested. In allowing an accused person to post bail, the accused usually makes a legal undertaking to submit himself to the power of the court and to appear before the court whenever his presence is required during the trial of the criminal charge against him. By posting bail, the accused also acknowledges the power of the court over him and agrees to submit and abide by lawful orders of the court during the trial of the criminal charges against him.
If the crime charged against the accused is not a serious crime, the accused can apply for bail with the police. The police will investigate the issue of whether or not the accused who is in custody could be allowed to post bail. The police take into consideration the seriousness of the crime charged; they also take into consideration the risk that the accused will flee if he is granted bail.
The accused can also apply for leave to be allowed to post bail before the court which has jurisdiction over him. When the accused applies for bail before a court, it is the court that will determine the amount of bail that the accused will post in order to gain his temporary liberty.
Once an accused person has been granted bail by the police or the court, he must appear at each hearing provided he has been notified and/or ordered to attend that hearing. The failure of the accused to appear at any time before the Court when he is required by lawful order to so appear will cause the forfeiture of his bail and order his re-arrest.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.