Del. Code Ann. tit. 11, § 2103
Persons charged with a capital crime [Effective July 1, 2026]
Effective Jul 1, 202611 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;
- (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capital crime shall not be bailable, and a person so charged shall be held in custody without bail until the charge be withdrawn, reduced or dismissed or until the court shall otherwise order after a trial which results in less than a conviction of a capital crime or except as provided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