Parliament passes bills to Criminal Procedure Act on bail, appeal
These amendments aim to provide a framework for handling bail requests and appeal processes while addressing existing challenges in the justice system.
Parliament on Monday passed a bill amending the Criminal Procedure Act to introduce rules for postponing the execution of sentences and granting bail to convicted individuals pending appeal.
The bill, fulfilling a presidential pledge, was passed with 58 votes in favour and no opposition.
The new law introduces two scenarios where a person convicted by a lower court can apply for bail during the appeal process:
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The individual has been convicted of an offense that carries a prison sentence.
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The individual has appealed the conviction or sentence imposed by the lower court.
However, the law prohibits bail during the appeal stage for those convicted of certain offenses, including:
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Intentional homicide.
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Assault causing serious injury with a weapon.
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Child sexual abuse, terrorism, and drug trafficking.
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Acts compromising the independence and sovereignty of the state.
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Offences specified by other laws as non-bailable.
When applying for bail, convicted individuals must demonstrate to the court:
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Reasonable grounds for the appeal.
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Assurance of compliance with bail conditions if released.
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That public interest does not require further detention.
Judges must also consider factors such as previous breaches of bail conditions, potential harm to victims, preparation of the defence, and the likelihood of escape.
The bill includes provisions to address delays caused by late trial reports:
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The 60-day appeal period begins upon receiving the trial report.
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If the trial report is delayed, appellants must notify the High Court in writing before the deadline expires.
To address concerns raised by the Prosecutor General’s Office, deadlines for appeal-related actions have been extended:
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The period to prove an appeal was delayed due to uncontrollable circumstances is extended from two months to six months.
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The prosecution’s deadline to appeal decisions on pretrial motions has been extended from two days to ten days.
These amendments aim to provide a framework for handling bail requests and appeal processes while addressing existing challenges in the justice system.
