Uganda Constitution

Parliament of Uganda

Constitution (Bail Guidelines tor Courts of Judicature) (Practice) Directions, 2022

These Practice Directions may be cited as the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022. Practice Directions apply to all Courts of Judicature. Sets out t…

Jurisdiction: Uganda
Structure: 28 provisions
Citation: Legal Notice 8 of 2022
Dates: Undated source snapshot

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Dates: Undated source snapshot

Source attribution: Source: Uganda Legal Information Institute

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“These Practice Directions may be cited as the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022.”

These Practice Directions may be cited as the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022. Practice Directions apply to all Courts of Judicature. Sets out the objectives of the Practice Directions governing bail decision-making, including ensuring compliance with the Constitution, promoting consistency in courts, balancing rights, facilitating inter-agency cooperation, reducing pretrial detention, supervising persons on bail, and promoting transparency in bail deposits and refunds. Provides definitions for terms used in the Practice Directions, including "advanced age" (sixty years and above), "applicant", "bail", "security", "surety", and "vulnerable persons". Courts must be guided by specified constitutional principles when considering bail.

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Preliminary - Title

These Practice Directions may be cited as the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022.

Section 1

General principles and the right to apply for bail - Time for disposal of bail application in the High Court

The High Court must consider and dispose of an application for bail expeditiously and in any case within thirty days from receipt of the application.

Section 8

Procedure and considerations for bail applications - Obligations of surety

Sets out duties related to sureties: the court must explain obligations; a surety must ensure the accused attends, sign the bail bond, inform the court if the accused cannot attend, and pay the bail bond sum if attendance is not ensured;…

Section 16

Review of bail terms and incidental matters - Review of bail terms

Prosecutor, accused persons or a surety may apply to court to vary, review or set aside bail conditions; certain applications must be made by notice of motion supported by affidavit and some applications may be oral or by letter; the co…

Section 21

Management of bail funds - Order of forfeiture

If a surety's recognisance is forfeited, the court must record the grounds, may call on the person to pay the penalty or show cause, may recover the penalty by warrant (including attachment and sale of movable property), and if the penalty cannot be recovered…

Section 28

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Showing 28 of 28 provisions

Provision 18Offence 8InterpretationCommencement

Part I

Preliminary

§ 1Preliminary - TitleProvision

These Practice Directions may be cited as the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022.

Section Title Section These Practice Directions may be cited as the Constitution (Bail Guidelines for Courts of Judicature) (Practice) Directions, 2022.

Section 1

§ 2Preliminary - ApplicationProvision

Practice Directions apply to all Courts of Judicature.

Section Application Section These Practice Directions apply to all Courts of Judicature.

Section 2

§ 3Preliminary - Objectives of Practice DirectionsProvision

Sets out the objectives of the Practice Directions governing bail decision-making, including ensuring compliance with the Constitution, promoting consistency in courts, balancing rights, facilitating inter-agency cooperation, reducing pretrial detention, supervising persons on bail, and promoting transparency in bail deposits and refunds.

Section Objectives of Practice Directions Section The objectives of these Practice Directions are— to ensure that bail decision making complies with the provisions of the Constitution; to give further effect to the existing legal provisions on bail ; to promote uniformity and consistency by courts when considering bail applications; to streamline and address disparities in the handling of bail applications; to promote the balancing of rights of accused persons with the public interest and the rights of complainants; to facilitate effective inter-agency cooperation and coordination in the handling of bail applications; to reduce incidences of pretrial detention; to safeguard the interests and concerns of society in bail decision making; to facilitate effective supervision of persons granted bail ; and to promote transparency and efficiency in the management of bail deposits and refunds.

Section 3

§ 4Preliminary - InterpretationInterpretation

Provides definitions for terms used in the Practice Directions, including "advanced age" (sixty years and above), "applicant", "bail", "security", "surety", and "vulnerable persons".

Section Interpretation Section In these Practice Directions, unless the context otherwise requires— “ advanced age ” means sixty years of age and above; “ applicant ” means an accused person who has applied to court for release on bail ; “ bail ” means the temporary release of an accused person after providing security for future appearance in court on such conditions as the court considers reasonable; “ security ” means a sum of money or property pledged or deposited in court in exchange for the release of an accused person, as a guarantee of that person’s appearance in court; “ surety ” means a person who undertakes to ensure that the applicant will appear in court and abide by the bail conditions and who furnishes security which may be forfeited to the State if the applicant fails to appear in court; “ vulnerable persons ” includes persons of advanced age , persons with grave illness, expectant mothers, children, care givers, and persons with disabilities.

Section 4

Part II

General principles and the right to apply for bail

§ 5General principles and the right to apply for bail - General principlesProvision

Courts must be guided by specified constitutional principles when considering bail.

Section General principles Section The court shall, in considering a bail application, be guided by the following principles as enshrined in the Constitution— the right of an applicant to be presumed innocent as provided for in article 28(3)(a) of the Constitution; the applicant ’s right to liberty as provided for in article 23 of the Constitution; the applicant ’s obligation to attend trial; the discretion of court to grant bail on such terms and conditions as the court considers reasonable; and the need to balance the rights of the applicant and the interests of justice.

Section 5

§ 6General principles and the right to apply for bail - Right to apply for bailOffence

A person charged with or convicted of a criminal offence may apply to court for release on bail, and the court may grant bail on conditions it considers reasonable.

Section Right to apply for bail Section Where a person is charged with or convicted of a criminal offence, he or she may apply to court to be released on bail and the court may grant that person bail on such conditions as the court considers reasonable.

Section 6

§ 7General principles and the right to apply for bail - Stage of application for bailOffence

An accused person may apply for bail at any time after being charged, in the appropriate court for the offence or, for appeals, only where a notice of appeal has been filed.

Section Stage of application for bail Section An accused person may, at any time after being charged, apply for bail — in a Magistrate’s Court, for offences triable by a Magistrate’s Court; or in the High Court, for offences triable by the High Court; or in an appellate court, upon conviction, only where a notice of appeal has been filed.

Section 7

§ 8General principles and the right to apply for bail - Time for disposal of bail application in the High CourtProvision

The High Court must consider and dispose of an application for bail expeditiously and in any case within thirty days from receipt of the application.

Section Time for disposal of bail application in the High Court Section The court shall consider and dispose of an application for bail expeditiously and in any case within thirty days from receipt of the application.

Section 8

Part III

Procedure and considerations for bail applications

§ 10Procedure and considerations for bail applications - Mandatory bail for offences triable only by High CourtOffence

If a person has been on remand for one hundred and eighty days in relation to an offence triable only by the High Court, the person shall be released on bail; where remand is for 180 days under article 23(6)(c) the Magistrates Court must immediately refer the file to the High Court; mandatory release on bail under article 23(6)(c) shall be granted only by the High Court.

Section Mandatory bail for offences triable only by High Court Section Where an offence is triable only by the High Court, if a person has been remanded in custody in respect of that offence for one hundred and eighty days before the case is committed to the High Court, that person shall be released on bail on such conditions as the court considers reasonable. In the case of a person who has been on remand for one hundred and eighty days in accordance with article 23(6)(c) of the Constitution, the Magistrate’s Court shall immediately refer the file to the High Court. For the avoidance of doubt, mandatory release on bail for offences triable by the High Court under article 23(6)(c) of the Constitution shall be granted only by the High Court.

Section 10

§ 11Procedure and considerations for bail applications - Procedure for applying for bailProvision

Magistrate’s Courts must submit eligible mandatory-bail files to the High Court; the Registrar must register those files in the bail register and list them for hearing by a Judge.

Section Procedure for applying for bail Section An application for mandatory bail may be oral in the Magistrate’s Court. An application for mandatory bail in the High Court and an application for bail in the High Court, the Court of Appeal and the Supreme Court, shall be by notice of motion supported by affidavit. A Magistrate’s Court shall submit to the High Court, files of persons who are eligible for mandatory bail and, upon receipt, the Registrar shall cause the files to be registered in the bail register. The Registrar shall list the files submitted under subparagraph (3) for hearing by the Judge. Upon disposal of the bail application, the file shall be returned to the Magistrate’s Court to enable the court to proceed with the committal process.

Section 11

§ 12Procedure and considerations for bail applications - Contents of bail applicationProvision

An application for bail must include the applicant's particulars and be accompanied by specified identification, an introduction letter, any asylum/refugee registration where applicable, and expounded grounds.

Section Contents of bail application Section An application for bail shall contain the particulars of the applicant , accompanied by— a copy of the applicant ’s national identity card, or passport or aliens identification card, or employment card, or student identity card; an introduction letter from the Local Council 1 chairperson of the area where the applicant resides; where applicable, asylum seeker or refugee registration documents issued by the Office of the Prime Minister; and expounded grounds for the application.

Section 12

§ 13Procedure and considerations for bail applications - Considerations for bailOffence

The court must consider a specified list of factors when handling a bail application and follow procedural steps regarding opportunities to submit information, rebuttals, rulings, and bail bonds; if bail is denied the accused shall be remanded.

Section Considerations for bail Section The court shall consider the following in handling a bail application— the gravity of the offence; the nature of the offence; the antecedents of the applicant so far as they are known; the possibility of a substantial delay of the trial; the applicant ’s age, physical and mental condition; the likelihood of the applicant to attend court; the stage of the proceedings; the likelihood of the applicant to commit an offence while on bail ; the likelihood of the applicant interfering with witnesses; the safety of the applicant , the community and complainants; whether the applicant has a fixed place of abode within Uganda or whether he or she is ordinarily resident outside Uganda; whether the applicant has sufficient sureties within Uganda to undertake that the applicant shall comply with the conditions of his or her bail ; whether the applicant has, on a previous occasion when released on bail , failed to comply with his or her bail terms; whether there are any other charges pending against the applicant ; or whether the offence for which the applicant is charged involved violence. The court may give a complainant an opportunity to submit any information which, in the opinion of the complainant, should be considered by the court in making the bail decision. The information given under subparagraph (2) shall include information on the safety of the complainant and their families. The court shall, before deciding whether to grant or deny the applicant bail , give the applicant an opportunity to rebut the claims of the prosecution and the victims of the crime. Where court grants an application for bail , the reasons and conditions attached to the grant of bail shall be set out in the ruling, and copies of the ruling shall be availed to the parties, upon request. An applicant granted bail under subparagraph (5) shall sign the bail bond set out in Schedule 1 to these Practice Directions. Where court denies an application for bail , the accused shall be remanded in custody and the reasons for the denial of bail shall be set out in the ruling, and copies of the ruling shall be availed to the parties, upon request.

Section 13

§ 14Procedure and considerations for bail applications - Considerations for bail in capital offences and other grave offencesOffence

The High Court may, in exceptional circumstances, grant bail to a person accused of specified serious offences.

Section Considerations for bail in capital offences and other grave offences Section The High Court may, in exceptional circumstances, grant bail to a person accused of committing any of the following offences— The exceptional circumstances referred to in subparagraph (1) include— an offence triable only by the High Court; terrorism and any other offence punishable by more than 10 years imprisonment under the Anti-Terrorism Act, 2002; cattle rustling contrary to section 266 of the Penal Code Act; offences under the Firearms Act, punishable by more than 10 years imprisonment; rape, contrary to section 123 of the Penal Code Act; aggravated defilement contrary to section 129(3) and (4) of the Penal Code Act; embezzlement, contrary to section 19 of the Anti-Corruption Act, 2009; causing financial loss, contrary to section 20 of the Anti-Corruption Act, 2009; corruption, contrary to section 2 of the Anti-Corruption Act, 2009; bribery of a member of a public body, contrary to section 5 of the Anti-Corruption Act, 2009; and any other offence in respect of which a Magistrate’s Court has no jurisdiction to grant bail . grave illness certified by a medical officer of the prison or other institution or place where the applicant is detained as being incapable of adequate medical treatment while the applicant is in custody; a certificate of no objection signed by the Director of Public Prosecutions; and the infancy or advanced age of the applicant .

Section 14

§ 15Procedure and considerations for bail applications - Determining suitability of suretyProvision

When assessing a potential surety, the court must consider listed factors and the proposed surety must provide specified documentary proof.

Section Determining suitability of surety Section When considering the suitability of a surety , the court shall take into account the following factors— Subject to subparagraph (1) the proposed surety shall provide documentary proof including— the age of the surety ; work and residence address of the surety ; character and antecedents of the surety ; relationship to the accused person; and any other factor as the court may deem fit. a copy of his or her national identity card, passport or aliens identification card; an introduction letter from the Local Council 1 Chairperson of the area where the surety is ordinarily resident; or asylum seeker or refugee registration documents issued by the Office of the Prime Minister.

Section 15

§ 16Procedure and considerations for bail applications - Obligations of suretyProvision

Section Obligations of surety Section The obligations referred to in subparagraph (1) include— The court shall explain to a surety the obligations that arise when he or she stands as surety for an accused person. the duty of the surety to ensure the attendance of the accused person before court, whenever required; the duty to sign the bail bond form set out in Schedule 1 to these Directions; the duty to inform court where an accused person is not able to attend; and the liability to pay the bail bond sum should he or she fail to ensure the attendance of the accused person before court. Where court accepts a person as surety , the court shall require the person to sign a bail bond set out in Schedule 1 to these Practice Directions setting out the applicant ’s bail conditions and the consequences for the surety if the applicant breaches the conditions.

Section 16

§ 17Procedure and considerations for bail applications - Consideration for bail for childrenOffence

Courts handling bail applications for children must inquire into the application, uphold the child's right to apply for bail, may grant bail on conditions (including recognisance or sureties), and when refusing must record reasons, inform the child of appeal rights, and may order detention in a remand home or place of safe custody.

Section Consideration for bail for children Section The court shall, in addition to the general principles set out in paragraph 5, be guided by the following principles— A court considering a bail application by, or on behalf of, a child, shall inquire into— In granting bail , a court shall release a child on bail — A court may release a child on bail on conditions that may include— A court may, in dealing with a bail application by, or on behalf of, a child, refuse to release the child and shall— record the reasons for refusal which may include— A court before which a child appears charged with any offence shall uphold the right of the child to apply for bail guaranteed under the Constitution and the law. a child shall not be denied bail where the court is unlikely to impose a custodial order, upon proof of an offence against the child; and the deprivation of personal liberty pending trial shall be used only in exceptional circumstances, as a measure of last resort and for the shortest possible period of time. the criminal charge against the child, including the nature of the offence and severity of punishment; the likelihood of serious danger to the child and if it is in the child’s best interest to remove him or her from association with any person; or the likelihood that the release of the child would defeat the ends of justice. on a court bond on the child’s own recognisance; or with sureties, preferably the child’s parents or guardians who shall be bound on a court bond, not cash. the obligation to appear on a specified time, date and place before the court; the obligation to report periodically to a specified person or place; the prohibition from interfering with witnesses, tampering with evidence or associating with any person; or the obligation to return to the child’s home or to a specified address. The conditions of release of a child on bail under subparagraph (5) shall be reasonable and in accordance with the seriousness of the crime committed. the nature and severity of the criminal charges; that the child is in immediate danger to self or others; that the child has failed to attend court on a criminal charge on a previous occasion; or that the child has previously been granted bail by a court and has failed to comply with the conditions of bail ; inform the child of his or her right to appeal against the decision; and make an order for the detention of the child in a remand home or in a place of safe custody.

Section 17

§ 18Procedure and considerations for bail applications - Consideration of bail for vulnerable personsProvision

The court may grant bail to a vulnerable person, either on their own recognizance or via a recognizance by a parent, guardian or responsible person, with or without sureties, for an amount to secure attendance.

Section Consideration of bail for vulnerable persons Section The court may grant bail to a vulnerable person on his or her own recognizance, or on a recognizance being entered into by his or her parent, guardian or other responsible person, with or without sureties, for such an amount as, in the opinion of court, shall secure the attendance of the vulnerable person.

Section 18

§ 19Procedure and considerations for bail applications - Bail pending appealOffence

The court must consider specific factors when deciding bail pending appeal.

Section Bail pending appeal Section The court shall, in handling an application for bail pending appeal, take into consideration the following factors— the character of the applicant ; whether the applicant is a first offender or not; whether the offence for which the applicant was convicted involved violence; the appeal is not frivolous and has a reasonable possibility of success; the loss incurred by the complainant or the victim; the possibility of substantial delay in the determination of the appeal; or whether the applicant has complied with the bail conditions granted by the trial court before the conviction of the applicant .

Section 19

§ 20Procedure and considerations for bail applications - Lapse and cancellation of bailProvision

The court may cancel bail for specified reasons; if the court cancels bail it must require new sureties or remand the accused; when bail is cancelled the accused may file a new bail application.

Section Lapse and cancellation of bail Section The court may cancel bail where— Bail shall lapse where an accused person is convicted or acquitted. an accused person has breached the bail conditions; a surety withdraws from being a surety and the accused person fails to provide another sufficient surety ; or for any other reason that the court may deem satisfactory. Where a court cancels bail in accordance with subparagraph (2)(b), the court shall require the accused person to present new sureties or remand the accused person. Where bail is cancelled, the accused person may file a new bail application.

Section 20

§ 9Procedure and considerations for bail applications - Mandatory bail for offences triable by High Court and Magistrates CourtsCommencement

If a person is remanded in custody for 60 days without trial commencing for an offence triable by both the High Court and a subordinate Court, that person shall be released on bail on conditions the court considers reasonable.

Section Mandatory bail for offences triable by High Court and Magistrates Courts Section Where an offence is triable by the High Court as well as by a subordinate Court, if a person has been remanded in custody in respect of that offence for 60 days and trial has not commenced, that person shall be released on bail on such conditions as the court considers reasonable.

Section 9

Part IV

Review of bail terms and incidental matters

§ 21Review of bail terms and incidental matters - Review of bail termsProvision

Section Review of bail terms Section The prosecutor, an accused person or a surety may apply to court to vary, review or set aside the conditions of bail at any time after the ruling has been made. Subject to the provisions of section 75(3) and (4) of the Magistrates Court Act, an application under subparagraph (1) shall be made to the Chief Magistrate where bail has been denied by a lower court; or to the High Court where bail has been denied by a Chief Magistrate. Any application by the prosecutor or a represented accused person under subparagraph (1) shall be made to court by notice of motion supported by an affidavit. An application by an accused person or surety under subparagraph (1) may be made to court orally or by letter. The court may summon any other concerned party to be present in court when considering an application to review bail terms.

Section 21

§ 22Review of bail terms and incidental matters - Insufficient suretiesProvision

If insufficient sureties have been accepted or become insufficient, the court may arrest the person released on bail, order them to find sufficient sureties and, if they fail, commit them to prison; sureties may apply to discharge the bond; when such an application is made the court shall issue a warrant and on appearance shall inquire and decide.

Section Insufficient sureties Section Where through a mistake, fraud or otherwise, insufficient sureties have been accepted, or where the sureties afterwards become insufficient, the court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him or her to find sufficient sureties and, on his or her failing to find sureties, commit him or her in prison. All or any of the sureties for the appearance and attendance of a person released on bail may at any time apply to court to discharge the bond either wholly or so far as it relates to the applicant or applicants. Where an application is made under subparagraph (2), the court shall issue a warrant of arrest against the accused. On appearance, the court shall inquire into the matter and make an appropriate decision.

Section 22

Part V

Management of bail funds

§ 23Management of bail funds - Receipt of bail funds from applicantsProvision

When bail is granted the court clerk must submit the accused person’s file to the cashier for online assessment on the Uganda Revenue Authority portal, and after deposit and confirmation the cashier must issue triplicate Government of Uganda receipts (original retained on the case file, duplicate to the applicant or representative with a stamp, triplicate retained by the cashier) and present the file back to the court clerk for the presiding judicial officer.

Section Receipt of bail funds from applicants Section In receipting for bail funds— Upon granting bail , the court clerk shall submit the file of the accused person to the cashier for online assessment on the Uganda Revenue Authority portal. The cashier shall, upon receipt of the file under subparagraph (1), print and issue an assessment form to the applicant , who shall deposit the bail amount in the relevant bank. The applicant shall present the Uganda Revenue Authority acknowledgment receipt to the cashier. The cashier shall, after confirming the deposit in the Uganda Revenue Authority system, issue a Government of Uganda general receipt in triplicate, bearing the case number, the name of the accused person, and the Payment Registration Number (PRN) the original receipt shall be retained on the case file; the duplicate copy of the receipt shall be issued to the applicant or his or her representative with a stamp indicating that the original has been retained by the court; and the triplicate copy of the receipt shall be retained by the cashier. The cashier shall present the file to the court clerk who shall submit it to the presiding judicial officer for further action.

Section 23

§ 24Management of bail funds - Payment where banks not easily accessibleProvision

Where banks are not easily accessible, the court must obtain written authority from the Secretary to the Judiciary to collect bail funds in cash; the cashier must assess the bail online, receive cash and bank charges, issue triplicate Government receipts (original retained on the case file, duplicate given to applicant stamped, triplicate retained by cashier), deposit cash in the bank on the next convenient day and record the PRN, present the file to the court clerk, and the court clerk must submit the file to the presiding judicial officer.

Section Payment where banks not easily accessible Section In areas where banks are not easily accessible, the following procedure shall apply— the cashier shall— in receipting for bail funds in cash— the court shall seek authority in writing from the Secretary to the Judiciary to collect bail funds in cash, and the permission granted shall be in writing. make an online assessment of the bail amount to be paid; receive the cash indicated on the assessment form and the applicable bank charges; and issue a Government of Uganda general receipt in triplicate bearing the case number and the name of the accused the original receipt shall be retained on the case file; the duplicate copy of the receipt shall be issued to the applicant or his or her representative with a stamp indicating that the original has been retained by the court; and the triplicate copy of the receipt shall be retained by the cashier; the cashier shall deposit the cash collected against the assessment forms in the bank on the next convenient day, and indicate the PRN on the original receipt on the case file and on the triplicate receipt in his or her possession; the cashier shall present the file to the court clerk who shall submit it to the presiding judicial officer for further action; the Uganda Revenue Authority receipt shall be filed on the case file.

Section 24

§ 25Management of bail funds - Maintenance of bail recordsProvision

The court must maintain bail records (including a bail register and a cash book) to enable accurate reporting and management of bail funds.

Section Maintenance of bail records Section The following records shall be maintained— The court shall maintain bail records to enable accurate reporting and management of bail funds. The bail records shall be updated on a regular basis and made available to stakeholders, including inspectors and auditors. a bail register which shall indicate the case number, the parties to the case, the bail amount paid, the date of payment, the amount refunded or forfeited and the date of refund or forfeiture; and a cash book in which shall be recorded all bail funds collected and banked.

Section 25

§ 26Management of bail funds - Bail refundsProvision

Procedures and responsibilities for processing bail refunds, including informing accused persons, submission of documents, verification and timelines for requisitions.

Section Bail refunds Section In handling bail refunds, the cashier shall— Immediately upon disposal of a case, the court shall inform the accused person of his or her right to a bail refund. The bail refund application form prescribed in Schedule 2 to these Directions shall be availed to the claimant to fill before leaving the court. The claimant shall deposit the original bail bond form with the court clerk. The court clerk shall submit the filled bail refund application form, the court order for refund of bail bearing the name and signature of the respective judicial officer, the court seal and the original bail bond form received from the claimant, to the cashier. attach the original receipt and an original Uganda Revenue Authority acknowledgment receipt, where applicable, to the documents received from the court clerk; and prepare a requisition to the Secretary to the Judiciary for the signature of Registrar, Chief Magistrate or Magistrate in charge of the court. The signed requisition under subparagraph (5) shall be delivered by the court and duly acknowledged by the office of the Secretary to the Judiciary for processing of the refund directly to the account of the claimant or their registered mobile money number. The requisition for bail refund shall be made by the court to the Secretary to the Judiciary as soon as possible, and in any case not later than thirty days from the date of receipt of the application from the claimant. Upon receipt of the requisition, the Secretary to the Judiciary shall forward it to the Internal Audit Unit for verification to ascertain whether all the relevant documents are attached and whether payment was received on the relevant bank account. When verification is complete, the requisition is returned to the Secretary to the Judiciary for authorisation of payment. Any queries raised by Internal Audit Unit during verification of the documents shall be referred to the Chief Registrar for onward transmission to the court that submitted the requisition for bail refund.

Section 26

§ 27Management of bail funds - Reporting requirementsProvision

Cashier must prepare a monthly bail report; the Registrar/Chief Magistrate/Magistrate must submit the report to the Secretary to the Judiciary with a copy to the Chief Registrar and keep a copy at the court; the Secretary to the Judiciary must take appropriate action on submitted reports.

Section Reporting requirements Section The report shall contain— The cashier shall prepare a bail report on a monthly basis. The bail report shall be submitted to the Secretary to the Judiciary, with a copy to the Chief Registrar, by the Registrar, Chief Magistrate or Magistrate in charge of the court and a copy shall be maintained at the respective court. bail assessments made during the month; bail funds collected during the month; bail refunds requisitioned during the month; and bail forfeiture orders made during the month. The Secretary to the Judiciary shall take appropriate action in relation to the reports submitted under subparagraph (2).

Section 27

§ 28Management of bail funds - Order of forfeitureOffence

Section Order of forfeiture Section Where a surety fails to comply with the bail bond executed in paragraph 16, the provisions of section 83 of the Magistrates Courts Act and section 21 of the Trial on Indictments Act relating to forfeiture shall apply. Whenever it is proved to the satisfaction of a court by which a recognisance under the Magistrates Courts Act, the Trial on Indictments Act or both has been taken, or when the recognisance is for appearance before a court, to the satisfaction of the court, that such recognisance has been forfeited, the court shall record the grounds of the proof, and may call upon any person bound by the recognisance to pay the penalty, or to show cause why it should not be paid. Where sufficient cause is not shown and the penalty is not paid, the court may recover the penalty by issuing a warrant for the attachment and sale of the movable property belonging to the surety or any person, or his or her estate where the surety or person is dead. The warrant may be executed within the local limits of the jurisdiction of the court which issued it, and shall authorise the attachment and sale of the movable property belonging to the surety beyond the local limits, when endorsed by any magistrate within the local limits of whose jurisdiction that property is found. Where the penalty is not paid and cannot be recovered by attachment and sale, the surety is liable, by order of the court which issued the warrant, to imprisonment for a period not exceeding six months. The court may, at its discretion, remit any portion of the penalty imposed in subparagraph (5). When a surety or any person who has furnished security is convicted of an offence, the commission of which constitutes a breach of the conditions of his or her recognisance, a certified copy of the judgment of the court by which he or she was convicted of that offence may be used as evidence in proceedings under this section against his or her surety or sureties, and, where that certified copy is used, the court shall presume that the offence was committed by him or her, unless the contrary is proved.

Section 28

Legislative relationships

3 referenced instruments

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G–M

2 instruments

Magistrates Court Act
Section 21
Magistrates Courts Act
Section 28

N–S

1 instrument

Penal Code
Section 14

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