Understanding anticipatory bail: when and how it applies

Anticipatory bail is a form of relief a person may seek when they apprehend arrest in connection with a criminal matter. It is intended to protect individual liberty while an allegation is examined on its facts.

When it is generally considered

It is typically considered where a person reasonably believes they may be arrested in a non-bailable matter. The facts, the nature of the allegation and the stage of the matter are all relevant.

What the process usually involves

An application is prepared setting out the relevant facts and circumstances, and is placed before the appropriate court. The court considers the material before it and may grant relief on such terms as it considers appropriate.

Every matter turns on its own facts and the applicable law. This article is general information and not advice on any specific matter. Consultation is available by prior appointment.