Asea v Uganda
Asea v Uganda (Miscellaneous Criminal Application No. 0029 of 2016) [2016] UGHCCRD 125 (1 December 2016)
The High Court held that the automatic cancellation of bail upon committal to the High Court for trial, as practiced under section 168(4) of the Magistrates Courts Act, is unconstitutional because it denies the accused the right to be heard and contravenes the constitutional guarantee of liberty and fair hearing. The Magistrate's cancellation of bail without furnishing reasons was improper. The applicant's bail should be reinstated pending trial, subject to appropriate conditions, as the mere fact of committal does not constitute sufficient cause for cancellation of bail. The decision is guid…
Source excerpt
- Bail Reinstatement
- Committal Practice
- Constitutional Rights To Liberty