A critical appraisal of the right to bail under Ugandan law
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Date
2015-06
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Kampala International University, School of Law
Abstract
This study critiqued the right to bail under Uganda's law. The following objectives
guided the study: i) to analyze the effectiveness of the laws on bail in Uganda; ii) to
examine how bail is administered in Uganda; iii) to assess the right to bail in Uganda;
and iv) to come up with appropriate recommendations and reforms on the laws of bail
in Uganda. Qualitative methodology was used in this study since it was assumed to be
more preferable to other methods. Data analysis was done by studying legislation,
jurisprudence, policy documents, transcripts of proceedings, and other Court records
which address the question of right to bail and the legal system of Uganda. The results
were later coded in to different research themes for further interpretation. The study
found that although all offences are bailable under the current Ugandan law, the laws
relating to bail have been characterized by two distinct and not necessarily compatible
sets of concern. First, a recognition of the hardships of custodial remands and a
corresponding desire to ensure that they are imposed only where strictly desirable; and
second, anxiety in connection with the perceived incidence of offending carried out by
the offenders granted bail. The study concluded that just like most rights in the
Constitution, the right to bail is subject to a number of challenges which ultimately
render it a sham. Some of these challenges were discussed. A number of
recommendations were made towards a rights sensitive approach to bail. This include
among others: the need to amend the M.CA to incorporate within its provisions the
condition of magistrate's Courts granting bail in exceptional circumstances as it is in the
T.I.A; the need to fix the amount of bail according to personal income so that every
accused is able to afford it; and the need to grant bail as a right for misdemeanors in
Courts and not to be denied as a form of secret punishment to the accused, but in all
cases the interests of justice must prevail.
Description
A thesis report presented to the college of Higher Degrees and Research in partial fulfillment of the requirements for the a ward of the Degree of Master of laws of Kampala International University
Keywords
Critical appraisal, Right to bail, Ugandan law