Bail
Bail is a set of pre-trial restrictions that are imposed on a person charged with a criminal offence to ensure that they will not hamper the judicial process. Court bail may be offered to secure the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail sometimes includes a deposit of money or some form of property to the court by the person charged with an offence in return for the release from pre-trial detention. If the defendant does not return to court, the money is forfeited and the defendant may face additional criminal charges, such as failure to appear. If the defendant makes all their required appearances, the money is returned after the trial is concluded.
In other countries, such as the United Kingdom, bail is more likely to consist of a set of restrictions that the defendant will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge. Bail offered before charge is known as pre-charge or police bail, to secure the defendant's release under investigation.
For minor crimes, a defendant may be summoned to court without the need for bail, or may be released on recognizance (promising to appear in court, with no bail required) following arraignment. For serious crimes, or for defendants who are deemed likely to fail to turn up in court, they may be remanded (detained) while awaiting trial. A defendant is given bail in cases where remand is not justified but there is a need to provide an incentive for the defendant to appear in court. Bail amounts may vary depending on the type and severity of crime the defendant is charged with; practices for determining bail amounts vary.
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