Bail application template (Uganda)
In brief
A precedent bail application (notice of motion supported by affidavit) for an accused charged in court.
When to use this
After an accused is charged and remanded, to apply for bail.
When a bespoke document is needed instead: Before charge — that is police bond, not court bail.
The template
A precedent only. Replace every [PLACEHOLDER] with your own details; it contains no real party data. Have it reviewed before use.
Heading
IN THE [MAGISTRATE’S COURT / HIGH COURT] OF UGANDA AT [PLACE]
CRIMINAL CASE / MISC. APPLICATION NO. […] OF [YEAR]
UGANDA ……… PROSECUTOR
VERSUS
[ACCUSED FULL NAME] ……… APPLICANT/ACCUSED
Notice of motion
NOTICE OF MOTION brought under section 75 of the Magistrates Courts Act / sections 15–16 of the Trial on Indictments Act and the Constitution, for orders that:
(a) the Applicant be released on bail pending trial; (b) the court fix reasonable terms and conditions; and (c) costs be in the cause.
Grounds
The grounds are that: (1) the Applicant is presumed innocent and entitled to apply for bail; (2) the Applicant will attend the trial and not abscond; (3) the Applicant has substantial sureties; (4) the Applicant has a fixed place of abode within the court’s jurisdiction; and (5) [the Applicant has been on remand for [period] / ill health / other].
Supporting affidavit
Supported by the affidavit of [ACCUSED / a surety] setting out the facts, the sureties and the conditions the Applicant can meet.
Prayer & execution
WHEREFORE the Applicant prays for bail on reasonable terms.
Dated [DATE]. Applicant / Advocate: ____________ Address for service: [ADDRESS].
Drafting notes
- Right court
- Apply to the magistrate for offences it can try, or to the High Court for indictable offences.
- Sureties
- Propose substantial sureties and address the court’s factors (attendance at trial, fixed abode).
- Affidavit
- Support the motion with an affidavit of the facts, sworn before a Commissioner for Oaths.
- Conditions
- Offer realistic conditions (reporting, surrender of passport) the Applicant can meet.
Execution requirements
- The applicant or advocate files the motion and supporting affidavit.
- A magistrate may admit to bail (MCA s.75); the High Court may grant bail in indictable matters (TIA ss.15–16).
- If granted, meet the conditions and attend every adjournment.
Governing law & citations
Governed by the Magistrates Courts Act, Cap. 19 (2023 Revision), ss.75, 77, and the Trial on Indictments Act, Cap. 25, ss.15–16.
- Magistrates Courts Act, Cap. 19 (2023 Revision) — ss.75, 77.
- Trial on Indictments Act, Cap. 25 (2023 Revision) — ss.15, 16.