JUDICIARY Latest Features

Bail is the release from custody by a court of law of a person accused of a criminal offence after such person has entered a recognizance consisting of a bond with or without sureties, for a reasonable sum of money to the effect that he or she would appear before court for his or her trial.
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\r\n Under the Laws of Uganda, Article 23 (6) a) of the 1995 Constitution states:

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\r\n “Where person is arrested in respect of a criminal offence-
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a) The person is entitled to apply to the court to be released on bail, and the court may grant that person bail on such conditions as the court considers reasonable.”

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\r\n The right to bail is therefore a fundamental right guaranteed by Article 23 (6) of the 1995 Constitution of the Republic of Uganda.
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\r\n Its basis is found in Article 28 (3) b) of the same Constitution which states that an accused person is to be presumed innocent until he/she is proved guilty or he/she pleads guilty.
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\r\n It also provides under Article 28 (1) that an accused is entitled to a fair and speedy trial before an independent and impartial court or tribunal established by law.
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\r\n These two principles are part of the right to a fair hearing which is declared to be inviolable by Article 44 of the Constitution that prohibits derogation from particular human rights and freedoms.
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\r\n In spite of these constitutional provisions the rights of pre-trial detainees are often overlooked. This is due to a number of factors including a lack of awareness of the rights of detainees and the laws that provide for protection of those rights. This leads to overstay in detention resulting into overcrowding in prisons and its related problems.

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These articles are written and submitted by Harriet Nalukwago Ssali Lule, Judiciary Deputy PRO

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