Abu Dhabi, UAESunday 21 July 2019

UAE legal Q&As: Can I request that accused’s bail is cancelled?

One reader asks about their rights regarding bail procedure, while another asks about claiming compensation from his former bank after he was locked up.

I was a victim of a crime and the case ended up in court. The accused has been let out on bail but I would like to know if I could request that his bail is cancelled and he is kept in detention until the case is decided?

Releasing the accused on bail while a criminal investigation is ongoing often requires them to deliver a guarantee that he or she will be present any time their attendance is needed in relation to the investigation/court case. The accused would have to give an appropriate guarantee that they will do everything asked of them in accordance with the law, and all of this will fall under their bail conditions. The accused or their lawyer is entirely entitled to request bail. Before any case goes to court, prosecutors decide whether bail can be granted or not, as per article 111 of the UAE Criminal Procedures Law. Once in court, it is the court that decides on bail requests. However, in accordance with article 117 of the same law, any request by a victim to cancel the bail of the accused is not accepted.

I closed my bank account and left the UAE but two years later when I came back to visit, I was arrested and put in detention for two nights. Later it was discovered that the bank had made a mistake and had not closed the account properly when I had requested them to do so. Would I be in a position to claim compensation from them over the matter?

This is an unfortunate situation you found yourself in but if you have an official letter from the bank confirming that your account had been closed and you have no further liability with them, then the following article would apply to you. Article 282 of the Federal Law 5 of 1985 on the Civil Transactions Law of the UAE states that “the author of any tort, even if not discerning, shall be bound to repair the prejudice”. Also, under article 313, you would have the right to claim damages.

Updated: July 29, 2017 02:50 PM