Release on bail
When a person arrested appears before a magistrate’s court – charged with an offence for which bail may be granted – the court shall inform the person of the right to apply for bail.
A magistrate’s court – before which a person accused appears or is brought – may at any stage in the criminal proceedings release that person on bail if she/he is:
- not charged with a offence specified by the Magistrates court act (the offences excluded from the grant of bail include act of terrorism, cattle rustling, corruption, murder, rape; and treason);
- ready and willing to give bail to the satisfaction of the magistrate.
In deciding to grant or refused the release on bail, the magistrate’s court shall in addition have regard to:
- the nature, gravity and severity of the punishment of the offence;
- the antecedents of the person to be released;
- whether the person to be released has a residence within the area of the court’s jurisdiction;
- whether the person to be released is likely to interfere with a witness or evidence.
Withdrawal from prosecution
The prosecutor may withdraw the charges of any person:
- in any proceeding before a magistrate’s court;
- at any time before judgment is pronounced;
- with the consent of the court or on the instructions of the Director of Public Prosecutions.
If it is made:
- before the accused person is called upon to make her/his defence, he/she shall be discharged;
- after the accused person is called upon to make her/his defence, he/she shall be acquitted.
Violation of any human right
After investigate and conclude to an infringement of a human right – at its own initiative or on a complaint made by any person or group of persons – the Uganda Human Rights Commission may order the release of a detained or restricted person. On the other hand, any person or authority dissatisfied with that order has a right to appeal to the High Court.
Legislation:
- Section 51 of the Constitution
- Section 52 of the Constitution
- Section 63 of the Constitution
- Section 75 subsection 2 of the Magistrates court act
- Section 77 of the Magistrates court act
- Section 121 of the Magistrates court act