Bail Practice In Uganda: A Critcal Analysis Of The Law In Magistrate Courts And High Court.

ABSTRACT

This dissertation entails the right to bail as one of the fundamental rights that are

stipulated under Article 23 of the constitution of the Republic of Uganda 1995 as

amended.

The research is intended to critically examine whether the right to bail as enshrined in

the constitution has been practically administered in the courts of law, by examining the

legal machinery aimed at protecting and enforcing these rights and how the state has

contributed to its enforcement among others.

The law on bail in Uganda originally stipulated 360days and 180days respectively such

was too long and cruel for an accused to be brought to court to prove their innocence.

But the new amendment stipulates 180 days and 60 days in the constitution of Uganda

1995. How has the law on trail been appreciated by the courts of law? This question

gives details on how the research as justified its application.

The study used the qualitative method and desk research by using and consulting

materials from the libraries, law Journals, internet among others.

The findings show the non procedural causes of delay that have affected the bail

process of the criminal justice in Uganda.

The research states that however much there are hindrances to the bail practice in

Uganda, bail is a constitutional right of an accused and it's granted in accordance into

the relevant law.

Consequently , the research recommends that the law should be in position to take its

course independent of other variable by observing supreme constitutionality of law

applicable and also the discretion of the judges on matters of trail; should be subjected to amendment for a more precise law on the yardstick of discretion .