You may apply to be discharged as a bailor at any time, even before the accused's case has concluded. This is also known as an application to discharge oneself as surety (1).
Your application is subject to the court's approval. You are only freed from your duties as a bailor when the court approves the application. Once the application is approved, you are entitled to a refund of your security.
There are 2 ways you can apply to be discharged as a bailor:
Attend the accused's next court hearing and inform the court of your intention and reasons for withdrawing during the hearing.
If there are no hearing dates scheduled, you should contact the court with your request.
Follow these steps:
1. Include both the accused's and your particulars (name and identity card NRIC number), the accused's case number, your contact details, your intention and reasons for withdrawing as a bailor in the email.
2. Submit the email to email@example.com
You will be notified of the date to attend court.
Depending on the court’s availability, an earlier court date may be fixed. Otherwise, the court may direct that you attend the accused’s next court hearing instead.
3. Attend court with the accused on the hearing date given.
Inform the court of your intention and reasons for withdrawing during the hearing.
The accused is advised to attend the court hearing with another person who is willing to be a substitute bailor for the accused. If there is no substitute bailor, the accused will be put in remand until their case concludes.
The substitute bailor must similarly go to the Bail Centre and apply to stand as the accused's bailor. Once they have understood and agreed to their duties, and pledged security for the bail, the substitute bailor has to appear before a magistrate to acknowledge the terms and conditions of the bail.
Whether the substitute bailor's application is approved or rejected is subject to the magistrate's discretion. If the magistrate rejects it, the accused cannot be released until another suitable bailor is found.