• For simple offences e.g. threatening violence, obtaining money by false pretence, malicious damage to property etc, this is done in the magistrate’s courts where the accused is being tried.
• For serious offences e.g. murder, rape, defilement, aggravated robbery, the accused applies for bail in the high court.

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.

• The major duty of a surety is to ensure that the accused person appears in court whenever required.
• A surety also has a duty to inform the court when the accused is planning to leave the country or run away from the court or go into hiding if they learn about it.