Bail Practice in Uganda: A Critical Analysis of the Law in Magistrate Courts and High Court.
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Date
2012-06
Authors
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Journal ISSN
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Publisher
Kampala International University, 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 360days 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 trail 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 law.
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 dissertation submitted in partial fulfillment of the Requirements for the Award of Bachelor of Laws Degree of
Kampala International University.
Keywords
Bail Practice, Critical Analysis, Magistrate Courts, High Court., Uganda