Major Offences vs Minor Offences: How Bail Decisions Differ in Dubai

Whenever a person in Dubai is caught in a criminal case, be it in a minor misdemeanor or in a major one, one big question always arises; will they be released on bail? This is a query that is common at Alqada Claims Recovery Services, particularly to individuals who are totally unfamiliar with the legal frame of reference in the UAE.

The short answer? It greatly relies on whether the crime is major or minor. Although no two cases are the same, there are trends and legal principles, which influence the process of making a decision on bail.

Understanding the Difference: Major vs. Minor Offences

Let’s start simple. What makes an offence “major” or “minor” in Dubai?

  • Minor offences are commonly non-violent and such incidents usually involve petty financial disagreement, administrative offences, or first time crimes which do not necessitate a serious risk to the safety of the people.
  • The major offences are crimes of large scale such as high level frauds of a particular kind, violence, a serious injury, drugs, terrorism or homicide.

In Federal Decree-Law No. 38 of 2022 (Criminal Procedure Law) the difference between these two categories contributes significantly to deciding who is eligible to be released on bail. There are distinct limits in the law on when a bail may be granted and when it may not - primarily concerning the severity of the charge and the possible punishment.

What Happens in Minor Offence Cases

When a person is charged with a comparatively petty crime then there may be higher possibilities of being released with bail. But “higher” doesn’t mean “automatic.”

So this is what normally occurs in such instances:

  • The accused (or his lawyer) may request bail in advance - sometimes even before he or she is taken to court.
  • Release on specific conditions, such as posting a guarantee, handing over passport, or appearing on a regular basis, to the police station may be permitted by the public prosecution or the court.
  • Dubai also possesses “smart bail systems” on smaller crimes. These allow conditional release without unnecessary delays, often digitally processed for speed.

Practically, the bail conditions on minor offences may involve:

  • Submission of a financial bond or guarantee.
  • Staying within the UAE (sometimes only within Dubai)
  • Periodic check-ins with authorities
  • Avoiding contact with witnesses or complainants

When the accused is on clean record, had a stable address and a stable job, the court would tend more likely to grant him/her bail. It is more important to demonstrate that you are not a flight risk.

What Happens in Major Offence Cases

Now, for major offences, the story is very different. Courts are much more cautious and bail is not very easily and smoothly possible at all.

Some important points to know:
  • In cases where the charge is life imprisonment or even death penalty, no bail is usually granted.
  • Even in cases where the bail can technically be considered possible, the courts consider a number of stringent factors:
    • The gravity of the offence
    • Whether the accused might flee
    • National security or public safety threats.
    • Whether the release of the person would influence witnesses or running investigations.

When bail is allowed for a major offence, it usually comes with tough conditions:

  • Extremely high financial guarantees.
  • Passport surrender
  • Travel bans
  • Even electronic monitoring or house restrictions sometimes.

In short, the more serious the offence, the tougher it becomes to secure release - and even tougher to maintain it without violations.

Why the Classification Matters

You might wonder why this difference between “major” and “minor” offences carries so much weight.

Here’s why:

  • Risk factor: Serious crimes come with higher risks of flight or interference with justice.
  • Public interest: Courts want to maintain trust and protect public safety.
  • Procedural time: Major offences often require longer investigations and more evidence gathering.
  • Legal limits: Article 108 of the UAE’s Criminal Procedure Law clearly outlines when bail can be considered - and major offences often fall outside those limits.

So it’s not about luck - it’s about how the system weighs risk, safety, and the seriousness of the alleged act.

If You or Someone You Know Is Facing Charges

When you find yourself in such a position or are assisting someone who has, there are a couple of steps that can help you out:

  • Get expert help early. Cooperation from Dubai advocates and legal consultant professionals can evaluate your case and state whether the charge is a major or minor one.
  • Prepare your case properly. In case of minor offences, the employment letters, proof of residence or family connections in Dubai assist in convincing the court that you cannot flee.
  • Adhere to each condition attentively. After the release on bail, all regulations, such as the check-in, travel directions, etc., should be adhered to. Breaking even any of them may result in an instant suspension.
  • Be realistic. In major offence cases, even the best legal firm in Dubai may face challenges getting bail approved. What’s more important is preparing a strong defense for the hearing itself.

In case you require any bail service in Dubai it is best to ensure that you have your legal representatives right at the beginning to see how your case can be better argued to be released and the paper work is handled smoothly.

Example Scenarios

Let’s make this less abstract and more real with two simple examples:

Case 1: Minor Offence

Ali is a UAE resident who is accused of giving a cheque that bounced. He possesses a clear background, a good working job, and he cooperates with the investigation. He is allowed bail by the court on condition that he pays a financial guarantee and he agrees to remain in Dubai until the time of hearing.

Case 2: Major Offence

Aliya is a business proprietor and is accused of massive embezzlement. The sentence that can be given is lengthy, and multiple victims are involved. Although she cooperates, she is not allowed to get bail on the case because of its nature and complexity.

These two cases demonstrate the differences between the way that the legal system of Dubai deals with bail depending on the scale and seriousness of the alleged act.

Finding the Right Legal Assistance.

In criminal cases, the attorney you hire could prove to be the difference. Look for:

  • Dubai criminal law experience.
  • Experienced legal consultants who understand the way to handle applications to bail.
  • Good communication with prosecutors and up-to-date knowledge of legal procedures
  • A strong track record in both minor and major offence cases
  • Familiarity with Dubai’s latest 2025 court updates

The right team can be the difference between staying in detention or securing your release while you prepare your defense.

The Reality of Bail Decisions

In short, bail in Dubai is not something to happened very smoothly and frequently. It depends heavily on the nature of the offence - minor ones may allow release under certain conditions, while serious charges face tighter restrictions and higher guarantees.

Each case is different, and having the right legal support makes all the difference. From handling paperwork to negotiating terms, Dubai bail assistance is best managed by professionals who know the system inside out.

Call to Action

If you need help with bail or legal advice in Dubai, contact Alqada Claims Recovery Services. Our experienced team will guide you through the process, protect your rights, and help you move forward with confidence.


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