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Last Updated: Friday, 14 July 2006, 10:37 GMT 11:37 UK
The American bail bond system
(L-R) Giles Darby, David Bermingham and Gary Mulgrew
The men may have to raise a large bail bond
The NatWest Three - extradited to the US on Thursday to face Enron-related fraud charges - will find out if they are eligible for bail later.

The US bail system is based on the granting of bail bonds:

In most US states - apart from in murder cases - suspects are freed from custody on the posting of a bail bond.

When the bail bond is issued, the accused promises to appear in court at a particular time and place.

In most cases relatives put up collateral - cash or property - which can be forfeited if the person vanishes.

The information I have had back from the US lawyers is that the bail bond they are going to have to put up is an enormous sum of money, probably in the region of $1m
Solicitor Mark Spragg

The level of the bail bond depends on the severity of the offence and the risk of absconding.

Speaking before Friday's bail hearing in Houston, Texas, the men's solicitor Mark Spragg said it was likely the three would have to be held in remand in the US because of the large bail bond that would probably be required.

"The information I have had back from the US lawyers is that the bail bond they are going to have to put up is an enormous sum of money, probably in the region of $1m," he said.

The bail bond system differs from the UK's bail system in that, in Britain, bail is granted by the court and it is then left to the police to find someone if they fail to turn up for trial.

This is not the case in America.

Bounty hunters

In the US, bonds are often provided by a bail bondsman, who effectively gamble on the defendant turning up at court.

A premium is charged for each bond, which is where the bail bond firms make their profits.

If the defendant goes missing the bondsman stands to lose his money, which is where bounty hunters come in.

They are given the task of finding the defendant and bringing them back.

There are 14,000 bail bondsmen in the US and thousands of bounty hunters.

Even if the NatWest Three manage to produce the anticipated large bond, they will probably have to live in the Houston area as part of their bail conditions.

If the men are not granted bail, or if they fail to raise money for a bail bond, they could spend up to two years in jail before their case comes to trial.




SEE ALSO
Enron UK three face trial in US
27 Jun 06 |  Business
Enron trio fail to secure appeal
21 Jun 06 |  Business
Enron trio lose extradition fight
21 Feb 06 |  Business
Enron charge trio plan long fight
25 May 05 |  Business

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