Every accused person is entitled to apply to the court for bail while waiting for trial. The decision is up to the court to give or not to give bail to an accused person.

The decision is up to the magistrate/ judge to give cash or non-cash bail basing on the circumstances surrounding the case.

However, this may depend on:

• The seriousness of the offence. For example, violent crimes may attract a lot of money in cash bail costs.
• Public interest.
• Simple offences are usually granted with non-cash bail.
• The estimated worth of the case, for example, a case of theft, the bigger the amount stolen, the more money is required for cash bail.

• Cash bail- this is a sum of money asked by the court as security to ensure the accused appears in court. This is paid immediately (there and then).
• Non-cash bail- this is the sum of money asked by the court to be paid by a surety when the accused fails to appear in court. It does not have to be paid there and then.