Court Explains Police Bond & Bail

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By Dickson Jere
A man was arrested and charged with motor vehicle theft. He was given police bond which was later revoked by the police on account of being a flight risk . When he appeared before the Magistrate Court, he was denied bail pending trial on account that he had been arrested in Botswana and therefore could disappear if granted bail.
He then renewed his bail application in the High Court. And the question arose as to whether the police have powers to cancel Police Bond once issued.
“Bail granted by the police is commonly known as ‘Police Bond’,” the Court said, which is only given by the Police before the suspect is presented to Court.
“A Police Bond will normally require an accused person to attend before the police or Court on a mentioned date, time and place..” the Court said.
The Court guided that the police have powers to cancel Police Bond and detain the suspect if it appears to them that the person is about to disappear or indeed interfere with the witnesses.
However, bail is only granted by the Court once the person is presented in Court. In determining whether bail should be granted or not, the Court may inquire as to the circumstances that led to the Police Bond being revoked.
Further, the Court may also maintain the Police Bond or expand its conditions.
“I wish to state that once a bond has been enlarged by the Court, it cannot be cancelled by the police without the sanction of the Court,” the Judge said, adding that the Court and Police roles in granting bail and bond are very distinct.
“Neither can the Court cancel a police bond. It has no such powers. Only the police can do so on sufficient grounds,” the Court guided.
Court can only tamper with Police bond when one is brought before Court and not before.
The accused was then granted bail by the court after it was discovered that the issue of them being arrested in Botswana was not true.
Case citation – The People v Sikwiti and Others – 1994 ZMHC.
Lecture notes;
1. This is an area where confusion usually arise. Police Bond is only given by the police at the police station before one is taken to court. The slip will indicate the date when you are required either to report at the police or indeed at Court.
2. Once you appear in Court, the Judge may decide to either keep you on the same Police Bond or indeed grant you bail with new conditions. He may also just expand the Police Bond condition. Further, he may revoke the police bond and deny you bail depending on the circumstances.
3. The Court cannot interfere with police bond conditions until you appear before it. And also the poodle cannot interfere with bail conditions granted by Court. Each one has its own lane.
4. The Police Bond does not automatically expire when one appears in Court.

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