§804-1

Bail defined

Procedure & records · Chapter 804 — Bail; Bond to Keep the Peace · Part I. Bail; Recognizance

Bail, or the giving of bail, is the signing of the recognizance by the defendant and the defendant's surety or sureties, conditioned for the appearance of the defendant at the session of a court of competent jurisdiction to be named in the condition, and to abide by the judgment of the court. [PC 1869, c 50, §1; am L 1917, c 149, §1; RL 1925, §3977; RL 1935, §5430; RL 1945, §10731; RL 1955, §256-1; HRS §709-1; ren L 1972, c 9, pt of §1; am L 1980, c 50, §4; gen ch 1985; am L 1987, c 139, §4]

Cross references, commentary & case notes

Cross References See Const. art. I, §12. Rules of Court Proceedings following arrest, see HRPP rule 5(a). Bail; bond, see HRPP rule 46. Case Notes Right to bail is secured under specific provisions, rather than general constitutional provision relating to liberty. 9 H. 171 (1893). The circuit court did not err to the extent it held that the term "surety" under §804-51 refers to the bondspersons (or bail agents) in these consolidated cases, a determination that is also consistent with this section, which provides that the surety signs on the recognizance or bond. 139 H. 147 (App.), 384 P.3d 923 (2016). See 36 H. 188, 192 (1942).

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