A critical analysis of the law on bail practice in Uganda: a case study of the magistrate and high court

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Kampala International University.College of Law
This dissertation entailed the rights to bail as one of the fundamental rights guaranteed under Article 23 (1)1. The research is further examined the rights to bail as enshrined in the 1995 constitution of the republic of Uganda and most of the cases expressed have been practically administered in the Courts of law of Uganda. Article 23(6) (a) and (c)2 prescribes that the law on bail involves 180 days pre-trial remand period for capital offences which is equivalent to 6 months while non capital offences the law provides for 60 days, which is equivalent to 2 months. By using qualitative and desk research and throughout consultation of many materials from libraries, law journals, internet and among others, the findings showed that non procedural causes or delays have greatly affected bail processes in the criminal justice in Uganda. However, there are other factors like jail crowding which has also negatively affected the administration of the bail practice in Uganda. The study concluded that however much there are hindrances to the bail practice in Uganda; Bail shall remain a constitutional right and shall be granted according to the relevant laws, as constitution is the supreme law in the governance of the country. It is also recommended that international community, judges and government join hands to ensure that the bail procedures be left to the judicial sector and be provided with full guarantee and independence
Dissertation submitted to the Faculty of Law in partial fulfillment of the requirements of the requirements for the award of a Diploma in Law of Kampala International University
Law, Bail practice, Uganda, Magistrate, High court