Arinaitwe v Uganda (Criminal Miscellaneous Application 173 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
An accused charged with aggravated defilement who has been remanded beyond 180 days does not qualify for mandatory bail under Article 23(6)(c) of the Constitution once committed to the High Court for trial. The constitutional right to mandatory bail under Article 23(6)(c) applies only where the accused has not yet been committed to the High Court after 180 days in remand.
Outcome
Applicant's bail application dismissed; remains in custody pending trial in High Court Session Case No. 525 of 2023
Facts
The applicant was charged with aggravated defilement under sections 129(3) and (4) of the Penal Code Act. He was remanded on 11 May 2022. He applied for mandatory release on bail on the basis that he had been in detention on remand for over 180 days without committal to the High Court. The court established from the case management information system that the applicant had in fact been committed to the High Court and his matter was registered as High Court Session Case No. 525 of 2023.
Issues
- Whether the applicant qualified for mandatory release on bail under Article 23(6)(c) of the Constitution having been committed to the High Court for trial.
Orders
- Application dismissed.
Rules and key headnotes
Legislation cited (9)
- Constitution of the Republic of Uganda Art.23(6)(a)
- Constitution of the Republic of Uganda Art.23(6)(c)
- Constitution of the Republic of Uganda Art.28(3)(a)
- Trial on Indictments Act s.14(1)
- Trial on Indictments Act s.15(1)(b)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 cl.10(1)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 cl.10(3)
- Penal Code Act s.129(3)
- Penal Code Act s.129(4)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.