Section 16: Refusal to grant bail

(1) Notwithstanding section 15, the court may refuse to grant bail to a person accused of an offence specified in subsection (2) if he or she does not prove, to the satisfaction of the court- (a) that exceptional circumstances exist justifying his or her release on bail; and (b) that he or she will not abscond when released on bail. (2) An offence referred to in subsection (1) is- (a) an offence triable only by the High Court; (b) the offence of terrorism and any other offence punishable by more than ten years imprisonment under the Anti-Terrorism Act; (c) the offence of cattle rustling contrary to section 249 of the Penal Code Act; (d) an offence under the Firearms Act, punishable by more than ten years imprisonment; (e) rape, contrary to section 110 of the Penal Code Act; (f) aggravated defilement contrary to section 116(3) and (4) of the Penal Code Act; (g) embezzlement, contrary to section 18 of the Anti-Corruption Act; (h) causing financial loss, contrary to section 19 of the AntiCorruption Act; (i) corruption, contrary to section 2 of the Anti-Corruption Act; (j) bribery of a member of a public body, contrary to section 5 of the Anti-Corruption Act; and (k) any other offence in respect of which a magistrate's court has no jurisdiction to grant bail. (3) In this section, "exceptional circumstances" means any of the following- (a) grave illness certified by a medical officer of the prison or other institution or place where the accused is detained as being incapable of adequate medical treatment while the accused is in custody; (b) a certificate of no objection signed by the Director of Public Prosecutions; or (c) the infancy or advanced age of the accused. (4) In considering whether or not the accused is likely to abscond, the court may take into account the following factors- (a) whether the accused has a fixed abode within the jurisdiction of the court or is ordinarily resident outside Uganda; (b) whether the accused has sound securities within the jurisdiction to undertake that the accused shall comply with the conditions of his or her bail; (c) whether the accused has on a previous occasion when released on bail failed to comply with the conditions of his or her bail; and (d) whether there are other charges pending against the accused.