Bail & Remand

This page wil provide you with information about bail and remand and what they mean to you.

Bail

When you’re waiting for a court hearing or a trial, you might be given bail. This means you can be released from custody until the hearing or the trial.

Bail from the police station

You can be given bail at the police station after you’ve been charged. This means you’ll be released from custody until your first court hearing.

If you’re given bail, you might have to agree to conditions like:

  • living at a particular address
  • not contacting certain people
  • giving your passport to the police so you cannot leave the Falkland Islands
  • reporting to a police station at agreed times, for example once a week

If you do not stick to these conditions you can be arrested again and be taken to prison to wait for your court hearing.

Please note, if you are served a summons to appear before a court this is not bail.

Bail from a court

When you’ve been charged and you attend your hearing before the Summary Court, you might be given bail until your trial begins.

You may not be given bail if:

  • you’ve been convicted of a crime in the past
  • you’ve been given bail in the past and not stuck to the terms
  • the court thinks you might not turn up for your next hearing
  • the court thinks you might commit a crime while you’re on bail

If you’re given bail, you might have to agree to conditions like:

  • living at a particular address
  • not contacting certain people
  • giving up your passport so you cannot leave the Falkland Islands.

If you do not stick to these conditions, you can be arrested again. You’ll stay in police custody until you’re given another court hearing.

The court may put different conditions in place for your bail or keep you in prison until your trial starts.

Remand in custody

If the court decides to put you on remand it means you’ll go to prison until your trial begins.

You may be put on remand if:

  • you’ve been convicted of a crime in the past
  • the court thinks you might not go to your court hearing
  • the court thinks you might commit a crime while on bail
  • you have been given bail before and not stuck to the terms

More Information

You cannot appeal police bail conditions but you may apply to have conditions varied.  When you are notified of your bail conditions the custody officer is required to provide you with reasons for those conditions.  You are able to request a custody officer reviews their decision.  If the custody officer refuses to vary the bail conditions, or imposes new conditions, then you may make an application to the Summary Court or Magistrate's Court, to vary the conditions. 

There is no further appeal after the court has made a decision unless there has been a material change in your circumstances (e.g. change of address/employment), or more than 28 days have passed and you have not been charged with an offence.