Can I get bail in my extradition case?
Can I get bail in my Extradition case?
The short answer is yes, you can. Whether you do or not will depend on a lot of things.
If you are wanted to stand trial for an offence, you have a much better chance of being granted bail than if you have been found guilty and have a sentence to serve. If you are wanted to serve a sentence, the longer it is the less chance you will have of being granted bail. Even if you have not been convicted, the more serious the offence, the less likely you are to be given bail.
Apart from the offence, the sorts of things that the Judge will think about when deciding whether to grant you bail will include;
- How long you have been in this country
- The circumstances in which you came to this country. For example did you come to this country the day after you were arrested in your own country, or were you never actually arrested?
- Your situation in this country; are you working? Do you have family and in particular children who depend on you? Have you got an address you have lived at for a long time? can you be given a curfew there, so the authorities know where you are at certain times of the day?
- Have you committed offences in this country, or have you shown that you can abide by the law since you got here?
- Can you hand in your passport and your ID documents, so you cannot leave the country?
But the most important thing is whether someone can pay a security for you. This is a sum of money, the more the better, that is paid to the court. As long as the person attends court when they are supposed to, and if they are to be extradited they turn up where they are supposed to be, the money will be given back. If the person does not turn up, some or in most cases all of it will be kept by the court.