If a family member is in the lock-up tonight, read this first
If someone you love has been arrested in Singapore and is in the police lock-up right now, the next 48 hours are the ones that matter. Under Singapore law, the police can hold a person for up to 48 hours before they must either grant police bail, charge the person, or bring them before a magistrate for court bail or further remand.
I’m Hasif, Associate Director at A.W. Law LLC. Bail applications are often my first call of the day, sometimes before 7am, sometimes on a Sunday. Families message in panic and without much information. That’s normal. We work with what you have.
The first 10 minutes are free. Nothing commits you. If it is urgent, WhatsApp us and say “bail” in the message. We’ll reply.
What bail in Singapore actually is
Bail is the court’s permission for an accused person to stay out of custody while the case runs. It is not an acquittal, and it is not a sign of innocence. It is simply the court accepting that the accused will turn up for every court date, will not flee, and will not interfere with the case.
The rules live in the Criminal Procedure Code 2010 (often called the CPC), from section 92 onwards. The CPC splits offences into two groups.
- Bailable offences. These are less serious matters. The accused is entitled to bail as of right, usually at the bail counter of the police station or the State Courts. Examples include many public order offences and minor theft.
- Non-bailable offences. Despite the name, bail can still be granted. The court has discretion. A magistrate or High Court judge decides after hearing submissions. Most serious offences, including drug, violent, and sexual matters, fall into this group.
Bail works through a bail bond. This is a written promise, signed by a bailor, that the accused will turn up. No cash moves at the start unless the court orders otherwise. If the accused skips court, the bailor forfeits the full bail amount. A bailor must be a Singapore citizen or permanent resident, over 21, with enough means to cover the sum.
There are two main stages where a bail lawyer matters.
- Bail pending trial. After charge, before the case is resolved. The court looks at flight risk, interference with witnesses, and likelihood of re-offending.
- Bail pending appeal. After conviction, while an appeal is pending. Much harder to get, because the accused has already been found guilty. The court weighs the strength of the appeal and the length of the sentence.
Capital offences, including drug trafficking above statutory thresholds under the Misuse of Drugs Act, are almost never granted bail.
When you need a lawyer for a bail application
Some bail situations do not need a lawyer. If the charge is minor, the bail amount is standard, and there is a clear bailor ready with documents, the bail counter can handle it directly. Don’t pay a lawyer for work you don’t need.
You do need a lawyer when any of the following apply.
- The offence is non-bailable. These require a proper application with written submissions.
- The Prosecution is objecting to bail. The Attorney-General’s Chambers will often object in serious matters. The arguments on flight risk, ties to Singapore, and passport surrender have to be prepared.
- The first bail offer is unaffordable. The duty magistrate sometimes sets a figure higher than the bailor can show. A reduction can be argued, but it must be argued properly.
- You are applying for bail pending appeal. The court will not grant this without a real assessment of the merits of the appeal.
- Drug, violent, or organised crime charges. These need careful preparation. See our criminal investigation defence page for the steps that happen before charge.
Our blog post on what to do if you get arrested in Singapore covers your rights in the first 48 hours in more depth.
Timeline, cost, and the hard part
How long it takes. Most bail applications are heard within one or two court days. For arrests over the weekend, the accused is usually produced on Monday morning. For non-bailable offences, the court may want the Investigating Officer to file a short reply first. Fast-track applications can be heard the same day if the bailor and documents are ready.
How much it costs. A straightforward bail application at the State Courts usually runs S$2,500 to S$6,000, flat fee, in writing before we file. A contested bail hearing in the High Court for a serious matter can run S$8,000 to S$20,000, depending on how many hearings are needed. The 10-min Bail Discovery Session is always free.
What’s the hard part. Two things.
One, the bailor often does not realise the weight of what they are signing. If the accused absconds, the bailor loses the full sum. We walk every bailor through this before they sign.
Two, bail is not release. The accused must attend every court date, often report to the police station weekly or daily, surrender the passport, and stay within Singapore. Missing one reporting slot can trigger a breach. We list every condition in simple terms before you leave the courtroom.
How we handle bail applications at A.W. Law
A few things we do differently.
- Available after hours. Bail calls rarely come at 10am. WhatsApp us in the evening or on a weekend and we reply.
- One lawyer from first call to release. Whoever takes the bail call runs the application.
- Bailor briefing in plain words. We explain what happens if bail is breached, before the bailor signs. No nasty surprises later.
- Honest on figures. If the realistic bail is S$50,000 and the bailor can only show S$15,000, we tell you upfront. We do not run hopeless applications.
- Speak your language. English, Malay, or Tamil. The bailor is often a parent or grandparent, so the explanation needs to land.
We’re at 133 New Bridge Road, #20-03 Chinatown Point, two minutes from Chinatown MRT, Exit E. The State Courts are a short taxi away.
What happens next
If someone is in custody right now, message us. Book a free 10-min Bail Discovery Session using the form, or WhatsApp us with “bail” in the first line. Tell us the station, the offence if known, and who can stand as bailor. We’ll say whether bail is likely, what amount is realistic, and what to bring. Nothing commits you.
