I selected Bail procedure as the topic of my current article as
it is usually amongst the chief concerns of all our clients. They
want their lawyer to get their family members or friends released
on bail as soon as possible.
As it was indicated before, through this article, I will further
clarify the arrest warrant procedures and pretrial imprisonment
order procedures. I will also simplify the matter of
provisional release until the investigation is completed, which is
commonly known as Bail.
Generally, the law gives the Public Prosecution the right to
provisionally release the accused for any crime committed or for
any accusation they are charged with, unless the probable verdict
is a death sentence or a life imprisonment.
Such bail decisions could be issued on the basis of a request
from the accused or his attorney. Prior to transfer of the case to
the court, the Public Prosecution in all stages of the
investigation, has the right to make such decisions. This is an
accordance with Article 111 of the UAE Criminal Procedures Law.
Common practice shows, that releasing the accused temporarily
while the criminal investigation is still ongoing would require him
or her to provide a suitable assurance that he or she will make an
appearance any time the investigation entails his attendance. The
accused has to provide a guarantee that he or she will do all that
is necessary in accordance with the applicable laws. These fall
under the conditional bail provisions.
However, the law did not strictly mention how this guarantee
should be provided. More often than not, the common practice of
guarantee here is retaining the passport of the accused as a
guarantee that he or she will make a reappearance without fail. If,
the passport of the accused is unavailable, then they would
withhold the passport of either their family or friends. This
guarantee could also be assured by holding a fixed deposit with the
court cashier. Furthermore, they could also involve taking a
guarantee from a solvent person in the form of an undertaking that
this amount is guaranteed to be paid, if the accused breaches the
Also, if the accused, violates his release conditions without a
valid excuse or justification, the financial guarantee will be
owned by the government without any need for final judgment, as per
Article 111 of the same law.
If the case is closed or dismissed, whether during the
investigation process or after the transfer of the case to the
criminal court, the amount that was deposited as the financial
guarantee shall be returned in full and the guarantor would be
released from any undertaking he had signed.
One of the most common questions and anxiety that most of our
clients have is whether the bail can be revoked after it has been
approved or executed.
The answer to that is, although it is unlikely to happen, but to
the common practice shows that the bail would be cancelled, in
accordance with Article 115 of the Criminal Procedures Law, in one
of the following scenarios:
If the accused breached the commitments made under the
applicable laws, for example, if he did not attend the
investigation or the appointment although it had been requested by
the Public Prosecution.
New circumstances arose in the case that requires taking such
These are one of the chief reasons for instructing lawyers for
representation in criminal cases. Also, in criminal matters, it is
very important to have representation from the very beginning to
the end. The lawyer would always try not just for bail but also to
liaise between the client and the Public Prosecution in order to
ensure that the client is following the applicable laws and
unintentionally does not breach any of the bail conditions.
One more question that our clients commonly refer to us is
whether the victim in criminal cases can request detention of
another or participate in the discussions about conditional
The answer to that is, no that is not possible. This is because
Article 117 of the same law clearly states that the victim does not
have the right to request imprisonment of the accused and cannot
participate in the discussion in these regards.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Last year we reported that the DIFC had successfully established itself as a so called ‘conduit' jurisdiction for the enforcement of foreign and domestic arbitral awards as well as foreign money judgements.
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