§804-5 - By whom allowed.

§804-5  By whom allowed.  In cases where
the punishment for the offense charged may be imprisonment for life not subject
to parole, or imprisonment for a term more than ten years with or without fine,
a judge or justice of a court of record, including a district judge, shall be
competent to admit the accused to bail, in conformity with sections 804-3 to
804-6.  In all other cases, the accused may be so admitted to bail by any judge
or justice of a court of record, including a district judge, and in cases, except
under section 712-1207, where the punishment for the offense charged may not
exceed two years' imprisonment with or without fine, the sheriff, the sheriff's
deputy, the chief of police or any person named by the chief of police, or the
sheriff of Kalawao, regardless of the circuit within which the alleged offense
was committed, may admit the accused person to bail. [L 1892, c 32, §3; RL
1925, §3980; am L 1931, c 231, §1; am L 1933, c 30, §1; RL 1935, §5434; RL
1945, §10735; RL 1955, §256-5; am L 1957, c 282, §9; am L 1963, c 85, §3; HRS
§709-5; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985; am L
1994, c 181, §1; am L 1998, c 149, §4]

Cross References

  Sheriff, etc., see §26-14.6(f).

Rules of Court

  See HRPP rules 5(a), 46.

Case Notes

  Since this section provides chief of police or designee with
independent authority and discretion to admit persons charged with misdemeanor
offenses to bail in accordance with §804-9, senior judge of family court lacked
authority to issue a bail schedule divesting police of that authority and
discretion.  75 H. 357, 861 P.2d 1205.

  See 18 H. 500.

Prior law.

  Where accused, lawfully arrested, procures accused discharge
by voluntarily making deposit of cash in lieu of bail without statutory authority,
accused release is unlawful; accused cannot recover same after it has been paid
into treasury.  22 H. 759.