Bail defined.

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Law Journals and Reviews

Risky Business: Assessing Dangerousness in Hawai‘i. 24 UH L. Rev. 63 (2001).

§804-1 Bail defined. 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

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).

See 36 H. 188, 192 (1942).


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