On what grounds and when can someone be released?

Uganda

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:

In deciding to grant or refused the release on bail, the magistrate’s court shall in addition have regard to:

  1. the nature, gravity and severity of the punishment of the offence;
  2. the antecedents of the person to be released;
  3. whether the person to be released has a residence within the area of the court’s jurisdiction;
  4. 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:

If it is made:

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: