Bantu v Uganda (Criminal Miscellaneous Application 196 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that mandatory release on bail under Article 23(6)(c) of the Constitution applies only where an accused has been remanded for 180 days before committal to the High Court. Where the accused has already been committed for trial, the constitutional right to mandatory bail does not arise. Application dismissed.
Outcome
Applicant remains in custody pending trial in High Court Session Case No. 522 of 2023
Facts
The applicant was charged with aggravated robbery contrary to sections 285 and 286(2) of the Penal Code Act. He had been on remand for three years and two months. The applicant sought mandatory release on bail, contending that he had not been committed to the High Court within the constitutional time limit. The court established from its case management system that the applicant had in fact been committed to the High Court and his matter entered as High Court Session Case No. 522 of 2023.
Issues
- Whether the applicant qualifies for mandatory release on bail under Article 23(6)(c) of the Constitution after being remanded for three years and two months.
- Whether committal to the High Court for trial disqualifies an accused person from mandatory bail under Article 23(6)(c).
Orders
- Application dismissed.
Rules and key headnotes
Legislation cited (9)
- Constitution of the Republic of Uganda Article 23(6)(a)
- Constitution of the Republic of Uganda Article 23(6)(c)
- Constitution of the Republic of Uganda Article 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 Clause 10(1)
- Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 Clause 10(3)
- Penal Code Act s.285
- Penal Code Act s.286(2)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.