Overview
Bail is a constitutional right under Article 23(6) of the Constitution of Uganda. Every person charged with a criminal offence is entitled to apply for bail.
Types of Bail
Police Bail
Granted by the police during investigation, before charges are filed in court.
Court Bail
Granted by a Magistrate or Judge after the accused has been charged.
Conditions for Bail
The court considers:
- The seriousness of the offence
- Whether the accused is likely to abscond
- Whether the accused may interfere with witnesses
- The accused's ties to the community
- The accused's criminal record
Step 1: Prepare the Application
File a formal bail application in court, either orally or in writing, stating:
- The grounds for bail
- Proposed sureties and their details
- Any special circumstances
Step 2: Provide Sureties
Sureties must:
- Be residents of the jurisdiction
- Have fixed property or stable employment
- Sign a bond undertaking to ensure the accused attends court
Step 3: Court Hearing
The court hears both the applicant and the prosecution before making a decision.
Step 4: Compliance with Bail Conditions
If bail is granted, the accused must comply with all conditions, which may include:
- Reporting to police at regular intervals
- Surrendering travel documents
- Not contacting witnesses
- Residing at a specified address
Important Notes
- For capital offences, bail can only be granted by the High Court after 360 days in custody
- Breach of bail conditions may lead to bail being revoked
