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Why is bail refused?
The Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law) gives the prosecutor or judge discretion outside the cases where provisional release is mandatory (Article 109(1)). It does not list reasons, but release is typically assessed against the seriousness of the allegation, the evidence and the risk of absconding.
For crimes punishable by death or life imprisonment, release requires the approval of the Attorney General or deputy (Article 108(1)).
Can I apply again?
Yes. The Public Prosecution may order provisional release at any time, on its own initiative or on your request, until the case is sent to court (Article 108(2)).
Once the case is in court, you apply to that court, which decides on release, detention or electronic monitoring (Article 113).
Can I challenge an extension of detention?
Yes. An accused may appeal a judge's decision extending custody (Article 133(2)), filed with the criminal court's clerk's office within 24 hours (Article 135). A grievance against an extension made in your absence is made within three days (Article 107(3)).
The deadlines are short, which is why a lawyer should be involved from the first hearing.
What strengthens a new application?
Changed circumstances: stronger guarantees, a surety, a fixed address, proof of employment, evidence that weakens the case, or a travel ban offered as a safeguard.
We prepare these in writing and present them with the next request.
What should I do first?
Ask why release was refused
The reasons guide the next application.
Diary the 24-hour and 3-day deadlines
Appeals are short.
Strengthen the application
Surety, address, documents.
Keep the family informed
Visits and calls may be limited.
Call us on +971 50 653 1334 or message us on WhatsApp. We answer at any hour.
Frequently asked questions
How long do I have to challenge an extension?
Appeal within 24 hours (Article 135) and a grievance within three days if made in your absence (Article 107(3)).
Can the prosecution release me later?
Yes, at any time before the case goes to court (Article 108(2)).
Does referral to court end my chance?
No. The court can release you on application (Article 113).
Can the victim object?
The victim cannot request your detention and their statements are not heard on release (Article 114).
Related guides
Bail overview
The main points, the process and your first steps.
Read the overviewBail Application
Who decides on release, what forms bail can take, how it is paid, and what happens to the money if conditions are broken.
Read the guideRelease from Detention
How release works at each stage, from the Public Prosecution to the court, and how decisions on release are challenged.
Read the guideSources
Source: Federal Decree-Law No. 38 of 2022 (Criminal Procedures Law), official English text on the UAE Legislation portal, checked 9 October 2026. The portal lists the law as active and last updated on 28 September 2023. The Arabic text prevails over translations.
This page is general information, not legal advice.
