Clause 17

by deleting subsection (2) and substituting the following subsections:“(2) Despite subsection (1) —

the police officer or the court may, instead of taking bail from the person, release the person if the person signs a personal bond without sureties; and

the court may, instead of releasing the person on bail, release the person on bail and on personal bond by requiring the person to sign a personal bond without sureties, in addition to taking bail from the person.(3) Despite subsections (1) and (2), where the person is accused of an offence that is not a fine‑only offence, and a court believes, on any ground prescribed in the Criminal Procedure Rules, that the person, if released, will not surrender to custody, be available for investigations or attend court, the court may order as follows:

if the person is arrested or detained without warrant by a police officer — order the police officer not to release the person on bail or on personal bond;

if the person appears or is brought before the court — refuse to release the person, whether on bail, on personal bond, or on bail and on personal bond.(4) Where —

a State Court orders the release of a person under this section on bail, on personal bond, or on bail and on personal bond; and

the prosecution applies to the State Court to stay execution on the order pending a review of the order by the High Court, the State Court may stay execution on the order pending a review of the order.”; and

by deleting the section heading and substituting the following section heading:“When person must normally be released on bail or personal bond, or on both”.