Clause 12

in the section heading, after “on bail”, insert “or personal bond”; and

after subsection (1), insert —“(1A) Despite subsection (1), the court may at any stage of the proceedings, instead of releasing the accused on bail, release the accused on his or her own personal bond if —

the non-bailable offence for which the accused is being released on personal bond is an offence punishable with imprisonment for not more than 7 years; and

the prosecution consents to the release of the accused on personal bond.(1B) The prosecution may at any stage of the proceedings indicate to the court that it is withdrawing the consent mentioned in subsection (1A)(b), and where the consent is so withdrawn, the court must —

revoke the order for release on personal bond mentioned in subsection (1A); and

consider whether to release the accused on bail.(1C) Despite subsection (1), a police officer of or above the rank of sergeant may, instead of releasing the accused on bail, release the accused on his or her own personal bond if the non‑bailable offence for which the accused is being released on personal bond is an offence punishable with imprisonment for not more than 7 years.(1D) To avoid doubt, subsections (1A) and (1C) do not apply where the non‑bailable offence mentioned in those subsections is an offence punishable with imprisonment for more than 7 years due to the application of an enhanced penalty provision under any written law.IllustrationA is charged under section 324 read with section 74A of the Penal Code 1871 for voluntarily causing hurt by dangerous weapons or means to a vulnerable person. As the maximum penalty for an offence under section 324 read with section 74A of the Penal Code 1871 is 14 years’ imprisonment, A is not eligible to be released on his or her own personal bond under this section.”.