2025 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 21. RELEASE OF PERSONS ACCUSED OF CRIMES
§ 2103. Persons charged with a capital crime [Effective July 1, 2026].

Universal Citation:
11 DE Code § 2103 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 2103. Persons charged with a capital crime [Effective July 1, 2026].

(a) A capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a trial which results in less than a conviction of a capital crime or except as provided in subsection (b) of this section.

(b) The Superior Court shall admit to bail a person charged with a capital crime unless, after full inquiry, the Superior Court determines that the proof is positive or the presumption great.

11 Del. C. 1953, § 2103;  56 Del. Laws, c. 231, § 1;  84 Del. Laws, c. 473, § 3;  85 Del. Laws, c. 61, § 1;  85 Del. Laws, c. 62, § 106; 
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