Court bail in Juvenile Courts

Court bail in Juvenile Courts 

Bail pending trial 

The magistrate has a general statutory power and duty to order a defendant to be admitted to bail, whether he has been committed for trial or not. For all cases within their jurisdiction, a magistrate's power to grant bail remains subject to specific statutory grounds for refusal and the imposition of appropriate conditions.  

However, the magistrate possesses no jurisdiction to grant bail for charges of murder or treason. In such instances, bail applications must be heard by a judge of the Court of First Instance. For more information, please refer to “Court bail”. 

Furthermore, for cases involving offences endangering national security, a different bail regime applies. A designated judge or magistrate must follow a two-stage approach: bail must be refused unless the court is satisfied there are sufficient grounds for believing the suspect will not continue to commit acts endangering national security. If this threshold is met, the court then applies the standard presumption in favour of bail while considering factors such as the risk of flight or witness interference. 

When considering bail for a defendant under the age of 18, the court is expressly authorised to have regard to the safety and welfare of the defendant in addition to standard factors such as the risk of absconding or witness interference. 

If a juvenile is not released on bail while awaiting trial or a decision on how to deal with him, specialised rules govern his custody to prevent “criminal contamination” from adults. Children must be committed to a place of detention, i.e. Tuen Mun Children and Juvenile Home. Young persons may be committed to a place of detention or a training centre. 

If a young person proves to be of so unruly or depraved a character that he cannot be safely or suitably detained in a juvenile home or training centre, the court has the power to revoke his commitment and order him to be detained in a prison. While in any form of detention, the young person must be segregated from adult prisoners to the extent practicable. 

Bail for inquiries 

Before deciding on a final sentence or method of disposal, the Juvenile Court is generally required to obtain information regarding the juvenile offender. To facilitate the collection of this information, or to allow for special medical examinations or observations, the court has the authority to adjourn proceedings and release the juvenile on bail or remand him to a place of detention, i.e. the Tuen Mun Children and Juvenile Home. 

During a remand for obtaining information, the juvenile must appear before a court at least once in every 21 days. If the court is specifically assessing suitability for a residential rehabilitation program, the remand period is typically restricted to not exceeding 21 days. 

Bail on remittal 

If a juvenile is found guilty in an adult court and remitted to the Juvenile Court for sentencing, the transferring court may give directions for his release on bail until he appears before the Juvenile Court. 

For more information about remittal to the Juvenile Court for sentencing, please refer to “Remittal to the Juvenile Court for sentencing”.