How to get Bail in UAE for 2025 (Kafala)

In the United Arab Emirates (UAE), the criminal procedure provides for the possibility of release from detention pending investigation or trial through mechanisms frequently referred to as bail or temporary release. Understanding these procedures is vital for individuals, whether expatriates or residents, who find themselves subject to detention or criminal investigation. This article will guide you through the legal and practical steps of obtaining bail (and the related concept of kafāla, or guarantee) under UAE law, clarify when it may be granted, which conditions apply, and what risks remain.

Legal Framework

The main legislative instrument governing criminal procedure in the UAE is Federal Decree‑Law No. 38 of 2022 on the Criminal Procedures Law (which came into force on 1 March 2023). Under this updated law, the rules for detention, release, temporary release and bail have been clarified and modernised.

In addition, other sources – such as the earlier Criminal Procedure Law (prior to 2022) – and legal commentary provide guidance on how bail is applied in practice.

Hence, any defendant or their legal advisor must be aware of both the statutory provisions and the practical case-law and policy approach taken by the authorities.

What is Bail / Temporary Release?

Bail (or temporary release) in the UAE is a measure by which a person detained or under investigation may be released pending the conclusion of criminal proceedings (investigation, trial, or appeal), subject to conditions and guarantees.

The purpose is to balance two competing interests: the individual’s right to liberty, and the public interest in securing the defendant’s attendance at hearings and preventing flight or interference with the investigation.

As explained in one commentary:

“Release may occur only with the approval of the Public Prosecutor, and conditions may be imposed or modified as deemed necessary. Bail can be personal or financial… If bail conditions are not met, the Public Prosecutor may change, replace, or cancel the bail or order continued detention.”

Thus, bail is not automatic. Rather, it is a discretionary relief which must be carefully pursued.

When is Bail Available?

The availability of bail depends on the stage of the proceeding and the nature of the crime. Key factors include:

• At the investigation stage, prior to referral to court, the authorities (police or Public Prosecution) may grant temporary release or bail.
• Once the case is before the court, the judge has power to order bail or detention.
• For very serious offences — for example, those punishable by death, life imprisonment, or of particular threat to public order — bail may be refused as a matter of policy.

Crucially, the factors the authorities will assess include (among others):

• The severity of the alleged offence.
• The risk of the defendant absconding or fleeing jurisdiction.
• The danger of tampering with evidence or influencing witnesses.
• The prior criminal record of the defendant.

Therefore, any application for bail must address these risk factors and persuade the decision-maker (Prosecution or court) that release is appropriate and safe.

Step-by-Step Guide: How to Seek Bail or Guarantee (Kafāla)

Below is a structured step-by-step guide reflecting what you (or your client) should do when seeking bail in the UAE.

1. Engage Legal Representation Immediately

As soon as a person is detained or under investigation, retaining a competent UAE-licensed lawyer is essential. The lawyer can advise on the stage of proceedings, deadlines, rights of the accused, and prepare the bail application.

2. Review the Charges and Stage of Proceedings

• Determine whether the case is still under investigation or has been referred to court.
• Assess whether the offence is one for which bail is generally refused (e.g., high-risk, national security, life/death penalty).
  This will allow realistic advice on the likelihood of success and strategy.

3. Prepare the Bail/Release Application

The application should address key matters:

• Provide the defendant’s personal details, address, passport/visa status, local guarantor or sponsor.
• Provide full facts of the charge, investigation status, and procedural position.
• Highlight mitigating factors: e.g., the accused has strong local ties (residence, family, employment), no prior criminal record, cooperates with investigation, will surrender passport, will attend all proceedings, accepts conditions of bail.
• Propose and secure the guarantee (kafāla) mechanism: typically a financial bond, a third-party guarantor, surrender of passport, travel ban, check-ins, etc.
• Emphasise that detention is no longer necessary: e.g., no risk of flight, no risk of obstruction of justice, the accused is of good conduct.

4. Submission to the Competent Authority

Depending on the stage:

• If under investigation: submit to the Public Prosecution.
• If referred to court: submit to the Judge or court via your legal representative.
  Ensure all required documents (passport copy, visa/residence copy, guarantor information, proposed bond amount) are attached.

5. Attend Bail Hearing / Follow Up

• Attend any scheduled hearing or meeting.
• Authorise your lawyer to advocate on your behalf.
• Be prepared to negotiate the quantum of bail/security, and the conditions (e.g., travel ban, check-ins, residence monitoring).
• Be ready for possibility of refusal; in that event, the lawyer should explore alternatives (e.g., appeal or re-application under changed circumstances).

6. Secure the Guarantee (Kafāla) / Bond Payment

If bail is granted, the court or Prosecution will require the guarantee to be provided. The guarantee may take various forms:

• Financial bond (cash deposit or bank guarantee).
• Personal surety (guarantor signs to assume liability if the accused breaches conditions).
• Surrender of passport and imposition of travel ban.
• Periodic reporting to authorities.
  The term kafāla in this context refers to the guarantor/guarantee mechanism. Ensuring the guarantee is valid, properly filed, and payment made (if financial bond) is a key step.

7. Compliance with Bail Conditions

Once released, strict compliance with all conditions is necessary:

• Do not leave UAE if passport/travel ban applies.
• Attend all hearing dates and respond to summons.
• Do not commit further offences or interfere in investigation.
• Comply with any check-in/reporting requirement.
  Failure to comply may lead to revocation of bail, forfeiture of bond, re-arrest.

8. Monitoring and Review

Even after release, the Prosecution or court may review detention and bail conditions at intervals (for example every 30 days under the new law) or adjust conditions.

Key Practical Tips and Legal Considerations

• Documentation & Prompt Action: The earlier a bail application is filed and the stronger the supporting documentation (residence status, employment, local guarantor), the better the prospect.
• Financial Bond Amounts: The bond amount is not fixed by law; it depends on the offence severity, flight risk, and the accused’s capacity. Therefore, evaluate the ability to provide suitable guarantee quickly.
• Guarantor Selection: The guarantor must be credible and willing to assume liability. The “kafīl” mechanism requires that if the accused absconds or breaches conditions, the guarantor may pay the bond/fine.
• Travel Ban / Passport Surrender: It is common for the accused’s passport to be detained and a travel ban to be placed. That means release does not mean freedom of movement unless conditions satisfy.
• Crimes with No Bail: If the crime is punishable by death, life imprisonment or if public interest demands detention, the court may refuse bail outright. The lawyer must assess whether your case falls into this category.
• Revocation Risk: Be aware that bail may be revoked if conditions are breached, or if new evidence suggests greater risk. The Prosecution may request revocation and re-arrest.
• Appeals and Review: If bail is refused, a legal review may be sought through the courts. Legal strategy may include demonstrating change in circumstances (e.g., reduced flight risk) or presenting new evidence of good conduct.

Role of Ahmad Abdulla Ahli Advocates & Legal Consultant’s Expertise

At Ahmad Abdulla Ahli Advocates & Legal Consultants, we understand the intricacies of UAE criminal procedure. Our Senior Attorney, Mr. Ahmad Abdulla Ahli, with over 27 years’ experience practicing in court, leads the team in advising clients on bail applications, negotiations with Prosecution, preparation of guarantees and monitoring compliance. We combine strategic legal counsel with hands-on procedure management — particularly critical in high-stakes matters where detention can have severe impact on business or personal status in the UAE.

Our approach emphasises:

• A swift assessment of the case and preparation of the bail strategy.
• Liaison with the relevant authorities (Public Prosecution, Court) to improve chances of release.
• Guidance on the guarantee (“kafāla”) structure: selecting the guarantor, preparing documentation, securing the bond.
• Ongoing support post-release, ensuring compliance with conditions, managing travel/immigration implications, and preparing for the trial or settlement.

Sample Checklist for Clients Seeking Bail

Limitations & Risks to Consider

• No guarantee of success: Bail remains at the discretion of the Prosecution or Court. Even the best-prepared application may be refused if the factual risk is too high.
• Bond / guarantor liability: If the accused absconds or breaches conditions, the guarantor may be held financially responsible — a serious risk for the guarantor.
• Immigration/travel restrictions: Release under bail often comes with travel ban or passport surrender; this may impact business, employment or residency status.
• Re-arrest possibility: If new evidence emerges, or conditions are breached, bail can be revoked and the accused returned to detention.
• Costs: Legal fees, bond amounts and administrative delays can be significant. Early engagement reduces these but cannot always remove all cost burdens.
• Reputation and business impact: Particularly relevant for expatriate clients and companies in the UAE: detention, bail proceedings and travel bans may have wider commercial or visa-sponsorship implications.

Frequently Asked Questions (FAQs)