Wakilii

Uganda v Okidi Francis (Criminal Session Case No. 382 of 1995)

High Court · [1996] UGHC 74 · 1996 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for bail on remand following adjournment of criminal trial for want of prosecution witnesses
Decision
Accused released on bail pending criminal trial

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court has discretionary power under section 51(4) of the Trial on Indictments Decree to admit an accused to bail where the commencement or hearing of a criminal trial must be postponed. The section does not require that an accused serve 15 months in custody before committal to be entitled to bail. The purpose of remand in custody is to ensure attendance at trial, not to punish. Where the state doubts its ability to secure witnesses and the case has been significantly delayed, there is no legal reason to keep the accused in custody if conditions can ensure attendance at trial.

Outcome

Accused released on bail pending criminal trial

Facts

This is a criminal case originating in 1987. When the case was called for hearing, the prosecution sought an adjournment because only one of eight intended witnesses had appeared. The prosecution had not made sufficient effort to trace the remaining witnesses. Defence counsel did not object to the adjournment but applied for bail on behalf of the accused under section 51(4) of the Trial on Indictments Decree. The prosecution objected, arguing the accused had not served the 15 months required under section 14A of the Decree. The case had a chequered history including the loss of the police file. The prosecuting counsel himself doubted whether the remaining witnesses would be traced.

Issues

  1. Whether the High Court has power under section 51(4) of the Trial on Indictments Decree to release an accused on bail where the hearing of a criminal case is adjourned for want of witnesses.
  2. Whether section 51(4) requires that an accused must have served 15 months in custody before committal in order to be entitled to release on bail.

Orders

  • Application for bail granted.
  • Accused to bind himself in the sum of shs 500,000 not cash.
  • Accused to produce two substantial sureties approved by the Chief Magistrate Gulu, each to bind themselves in the sum of shs 1 million not cash.
  • On release, accused to report to the Police Station Gulu and to the Chief Magistrate's Court Gulu once a month effective from 14th August 1996 until further order of court.
  • Case adjourned to next convenient session of court.

Rules and key headnotes

Criminal Law & Procedure — Bail — Remand — Power of High Court to grant bail under section 51(4) of Trial on Indictments Decree where trial postponed
Section 51(4) of the Trial on Indictments Decree empowers the High Court to admit an accused to bail subject to appropriate conditions where, out of necessity or good cause recorded on the record, the commencement or further hearing of a case must be postponed or adjourned. The section does not require that an accused must have served 15 months in custody before committal to be entitled to release on bail.
Criminal Law & Procedure — Remand in Custody — Purpose — Not punishment but ensuring attendance at trial
The primary objective of remanding an accused person in custody is to ensure that the accused will appear to take trial and not to seek to evade justice by leaving the jurisdiction of the court. Remanding an accused in custody is not by itself a punishment. If an accused can appear to attend trial, there is no legal reason for keeping the accused in custody on remand.
Criminal Law & Procedure — Bail — Discretion of court — Factors to consider in setting bail conditions
In exercising discretion to grant bail under section 51(4) of the Trial on Indictments Decree, the court is expected to consider and set conditions that will ensure that the accused will appear and attend trial without having to remain in custody. Section 51(4) anticipates prolonged delay on remand in custody before the start of hearing or protracted trial while the accused continues in custody on remand, and attempts to redress that mischief.

Legislation cited (3)

  • Trial on Indictments Decree s.51(4)
  • Trial on Indictments Decree s.51(1)
  • Trial on Indictments Decree s.14A

Cases cited (1)

  • Jaffer v R (1973) EA 39

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Uganda v Okidi Francis (Criminal Session Case No. 382 of 1995) [1996] UGHC 74 (14 August 1996)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.