Opio v Uganda (Criminal Miscellaneous Application 184 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 a person remanded for 180 days has not yet been committed to the High Court. Once committal to the High Court has occurred, the accused no longer qualifies for mandatory release on bail under that constitutional provision. Application dismissed.
Outcome
Application for mandatory bail dismissed; applicant remains in custody pending trial
Facts
The applicant was charged with murder contrary to sections 188 and 189 of the Penal Code Act. As of March 2024, he had spent one year and six months on remand. The applicant applied for mandatory release on bail under Article 23(6)(a) and 28(3)(a) of the Constitution, claiming he had not been committed to trial. Court records established that the applicant had in fact been committed to the High Court on 14 June 2023 as High Court Session Case No. 287 of 2023.
Issues
- Whether the applicant qualified for mandatory release on bail under Article 23(6)(c) of the Constitution after being remanded for 180 days before committal to the High Court.
- Whether mandatory bail could be granted after the applicant had already been committed to the High Court for trial.
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.188
- Penal Code Act s.189
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.