A magistrate’s court – before which a person arrested and intended appears – may at any stage in the proceedings:
- direct the removal in custody of that person;
- release that person on bail or placed in pre-trial detention that person if may not be released on bail.
Indeed – according to the Ugandan law – the personal liberty is the rule and detention is the exception. Thus the grounds of a pre-trial detention are found when the grounds of a release on bail are not.
In deciding to grant or refused the release on bail, the magistrate’s court may refuse a release on bail and thus allow a pre-trial detention if:
- the nature, gravity and severity of the punishment of the offence explain a detention;
- the antecedents of the person to be released explain a detention;
- the person to be released has not a residence within the area of the court’s jurisdiction;
- the person to be released is likely to interfere with a witness or evidence.
Where bail is not granted, the court shall record the reasons and inform the applicant of the right to apply for bail to a chief magistrate or to the High Court, depending on the circumstances of the case.
Legislation:
- Section 23 of the Constitution
- Section 63 of the Magistrates court act
- Section 75 of the Magistrates court act
- Section 77 subsection 2 of the Magistrates court act
- Section 77 subsection 3 of the Magistrates courts act
For more informations:
- Ayume (F.-J.), Criminal Procedure and law in Uganda, 1986, p.43