Bail refers to the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.
Purpose of Bail
The main purpose is to let the accused be free for a while pending his trial as long as his guilt has not yet been established beyond reasonable doubts because the accused person is presumed to be innocent until proven. It is a view of this court that bail is a constitutional right under article 13(6)(b) of the Constitution of the United Republic of Tanzania of 1977 as amended; and that the Applicant is presumed innocent until proven guilty.
Bailable and Non-Bailable Offences
A bailable offence is a civil/criminal offence for which a court of law grants bail to the accused on a condition to submit a bail bond. However, granting bail assumes that the accused is free. He/she has to go through the judicial process.
A non-bailable offence is a civil/criminal offence for which bail may be rejected by the court. This means that the accused shall be kept under judicial custody until their trial. However, the court may grant bail to the accused depending on the circumstances and the evidence produced.
Key Differences Between Bailable Offences and Non-Bailable Offences
- In cases of bailable offences, the accused may be released on bail after being arrested, while in non-bailable offences, the accused must remain in custody until the orders come up by the court.
- Bailable offences are considered less serious as compared to non-bailable offences.
Advantages of Bailable Offences
- In bailable offences, the bail is granted to the accused and he is released from custody while awaiting trial.
- The accused is allowed to have a fair trial and he can gather evidence for defending himself as the person is released from the custody.
- Bail can also help in settling the case out of the court if the accused party can compromise with each other and can request the court to get the case withdrawn or closed.
Disadvantages of Bailable Offences
- Bail bond amount can create financial trouble for the accused.
- After the bail is granted, the accused may try to influence the evidence or intimidate the witnesses.
- The accused released on bail might get a mindset of revenge from the counter party.
Advantages of Non-Bailable Offences
- Non-bailable offences often involve serious crimes such as murder, terrorism, and treason, which are threats to society.
- The judicial process in non-bailable offences is typically faster than in bailable offences.
- Non-bailable offences are often used to protect victims and witnesses from retaliation or intimidation by the accused.
- Non-bailable offences can also be used to prevent the accused from committing further crimes while out on bail.
Disadvantages of Non-Bailable Offences
- The accused may be unable to prepare an adequate defence while in custody, which will make the case weak.
- Non-bailable offences can result in a presumption of guilt for the accused, as they are typically not granted bail.
- Non-bailable offences can lead to financial hardships for the accused and their families.
- Non-bailable offences can also lead to emotional and psychological trauma for both the accused and their families.
