Bail practice in Uganda: a critical analysis of the law in the magistrate courts and high court
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Date
2019-06
Authors
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Publisher
Kampala international international: School Of Law
Abstract
This dissertation entails the right to bail as one of the fundamental rights that are stipulated under Article 23 of the Constitution of the Republic of Uganda 1995 as amended. The research is intended to critically examine whether the right to bail as enshrined in the constitution has been practically administered in the courts of law, by examining the legal machinery aimed at protecting and enforcing these rights and how the state has contributed to its enforcement among others. The law on bail in Uganda originally stipulated 360 days and 180days respectively such was too long and cruel for an accused to be brought to court to prove their innocence. But the new amendment stipulates 180 days and 60 days in the constitution of Uganda 1995. How has the law on bail been appreciated by the courts of law? This question gives details on how the research as justified its application. The study used the qualitative method and desk research by using and consulting materials from the libraries, law Journals, internet among others. The findings show the non-procedural causes of delay that have affected the bail process of the criminal justice in Uganda. The research states that however much there are hindrances to the bail practice in Uganda, bail is a constitutional right of an accused and it's granted in accordance into the relevant Jaw. Consequently, the research recommends that the law should be in' position to take its course independent of other variable by observing supreme constitutionality of law applicable and also the discretion of the judges on matters of trail; should be subjected to amendment for a more precise law on the yardstick of discretion
Description
A research dissertation submitted to school of law in partial fulfillment for the requirements of award of a bachelor's degree in laws at Kampala international university
Keywords
Constitutional law, Bail practice, Uganda, magistrate courts and high court