Criminal Law Bail Procedure .pdf
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Legal Articles: UAE Criminal Law
By Mr. Hassan Elhais ‐ Legal Consultant in Dubai
I selected Bail procedure as the topic of my current article as it is usually amongst the chief concerns
of all our clients. They want their lawyer to get their family members or friends released on bail as
soon as possible.
As it was indicated before, through this article, I will further clarify the arrest warrant procedures and
pretrial imprisonment order procedures. I will also simplify the matter of provisional release until the
investigation is completed, which is commonly known as Bail.
Generally, the law gives the Public Prosecution the right to provisionally release the accused for any
crime committed or for any accusation they are charged with, unless the probable verdict is a death
sentence or a life imprisonment.
Such bail decisions could be issued on the basis of a request from the accused or his attorney. Prior
to transfer of the case to the court, the Public Prosecution in all stages of the investigation, has the
right to make such decisions. This is an accordance with Article 111 of the UAE Criminal Procedures
Common practice shows, that releasing the accused temporarily while the criminal investigation is
still ongoing would require him or her to provide a suitable assurance that he or she will make an
appearance any time the investigation entails his attendance. The accused has to provide a
guarantee that he or she will do all that is necessary in accordance with the applicable laws. These
fall under the conditional bail provisions.
However, the law did not strictly mention how this guarantee should be provided. More often than
not, the common practice of guarantee here is retaining the passport of the accused as a guarantee
that he or she will make a reappearance without fail. If, the passport of the accused is unavailable,
then they would withhold the passport of either their family or friends. This guarantee could also be
assured by holding a fixed deposit with the court cashier. Furthermore, they could also involve taking
a guarantee from a solvent person in the form of an undertaking that this amount is guaranteed to be
paid, if the accused breaches the release conditions.
Also, if the accused, violates his release conditions without a valid excuse or justification, the
financial guarantee will be owned by the government without any need for final judgment, as per
Article 111 of the same law.
If the case is closed or dismissed, whether during the investigation process or after the transfer of
the case to the criminal court, the amount that was deposited as the financial guarantee shall be
returned in full and the guarantor would be released from any undertaking he had signed.
One of the most common questions and anxiety that most of our clients have is whether the bail can
be revoked after it has been approved or executed.
The answer to that is, although it is unlikely to happen, but to the common practice shows that the
bail would be cancelled, in accordance with Article 115 of the Criminal Procedures Law, in one of the
1. If the accused breached the commitments made under the applicable laws, for example, if he
did not attend the investigation or the appointment although it had been requested by the
2. New circumstances arose in the case that requires taking such measures.
These are one of the chief reasons for instructing lawyers for representation in criminal cases. Also,
in criminal matters, it is very important to have representation from the very beginning to the end.
The lawyer would always try not just for bail but also to liaise between the client and the Public
Prosecution in order to ensure that the client is following the applicable laws and unintentionally
does not breach any of the bail conditions.
One more question that our clients commonly refer to us is whether the victim in criminal cases can
request detention of another or participate in the discussions about conditional bail.
The answer to that is, no that is not possible. This is because Article 117 of the same law clearly
states that the victim does not have the right to request imprisonment of the accused and cannot
participate in the discussion in these regards.
Disclaimer: This article comprises broad and general information about legal materials. The material
is general advice and not legal advice, and should not be treated as such. The legal information in
this article is provided is extracted from the UAE Criminal Procedures Law Federal Law No. (35) Of
the Year 1992 and based on our experiences as a law firm. The information provided are only
guidelines. You should certainly not postpone pursuing legal advice, ignore legal advice, or begin or
suspend any legal action because of information provided in this article. You must not rely on the
information in this article as a substitute to legal counsel from your attorney or any other practiced
professional legal services provider.This information is drafted by licensed legal practitioner and sent
from Al Rowaad Advocates & Legal Consultants which is duly licensed law firm to practice law under
ABOUT THE AUTHOR: Hassan Elhais
After qualifying as a lawyer in his native Egypt and years of successful practice within the field
of criminal and public law, Mr. Elhais moved to Dubai in 2005 and has been practicing as a legal
consultant in Dubai since then. Working exclusively with Al Rowaad Advocates, Hassan is an
effective leader of the company, the spokesperson and driving force. Hassan has a strong
ethical stance with regards to the place of the law firm and its work on behalf of the client,
from clarity on the legal process through to the fee system.
Specializing in the drafting of all statement of claim, memos and consultation with regards to all
kind of litigation, Hassan has worked his way through the ranks of Al Rowaad Advocates from
joining as Legal Advisor to his current role as Managing Partner. Member of Egypt Bar
Association; Member of International Bar Association; and Recommended Lawyer of Embassy
of United States in Abu Dhabi.
Copyright Hassan Elhais
For more information about Hassan Elhais – Legal Consultant in Dubai