Bail, Remand and the Period Before a Charge Is Read

Between investigation and the reading of a charge, a person may be on police bail, on court bail, or in remand. Each status carries different obligations for attendance and for disclosure. The status can change at each mention without a new charge being read.

Counsel tracks dates carefully because missed reporting or a missed mention can affect bail. The client receives a written list of dates after each court attendance.

The police may release a person on bail pending further investigation. Conditions may include reporting dates and restrictions on travel. Breach of investigation bail is a separate procedural issue that may affect later court bail.

Investigation bail does not mean the matter is closed. Further statements may be taken and documents seized before a decision to charge is made.

Criminal Procedure Code 2010 · investigation bail

After charge, bail is addressed in court. A surety may be required to deposit security and to ensure attendance. The surety must understand the obligation to produce the accused on each date.

Bail applications can be renewed if circumstances change. Each application is supported by affidavits setting out the proposed conditions.

If bail is not offered or not granted, the person is remanded in custody until the next mention. Remand is reviewed on each date. Extensions require court approval.

Remand for investigation has strict limits. Counsel checks that each remand order states the reason and the next review date.

Bail conditions may be varied on application. A mention is the hearing where dates and bail are addressed. Mentions are usually brief unless a substantive application is listed.

Travel restrictions, reporting frequency, and contact conditions are common variations. Each variation is recorded in the court order.

A person may remain under investigation for weeks or months without a charge. Counsel advises on attendance at the investigation agency and on the status of seized items. No charge means no plea, but mentions may still be listed if the person is already before the court on another matter.

When the charge is ready, the prosecution lists a mention date. The charge sheet is served and the court reads the charge in open court unless the procedure allows a written allocation.