The Principle Judge has issued guidance on bail for accused persons charged with capital offences, highlighting the following key points:
High Court Authority Under the Judicature (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022, bail for adults charged with capital offences before committal can only be granted by the High Court through a formal application.
End of Previous Practices Magistrates Courts are no longer permitted to release accused persons in capital cases on remand beyond 180 days.
Challenges for the Unrepresented Many accused persons without legal representation face challenges in filing formal bail applications, leading to prolonged remand and prison overcrowding.
Template for Bail Applications A standard template has been developed to assist unrepresented accused persons in filing formal applications to the High Court.
Distribution of Template Templates should be distributed widely through Court User Committees, Circuit Coordination Committees, and District Coordination Committees. Prisons should make these forms accessible to unrepresented accused persons.
Fast-Tracking Applications Registrars must ensure bail applications are forwarded to Judges for immediate consideration, with hearings conducted on a day-to-day basis.
Children's Bail Applications Magistrates Courts retain the authority to hear bail applications for juveniles charged with capital offences, as per Section 135 of the Children Act and Paragraph 17 of the Bail Guidelines.
Reminder to Judicial Officers Magistrates are directed to cease releasing adults charged with capital offences and to comply with the specified guidelines immediately.
This directive aims to uphold justice, streamline processes, and address overcrowding in remand facilities.
Download this directive below
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