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Section history

Section 95 — Exceptions to bail or release on personal bond

As in force on 31 October 2018.

Timeline 6 versions
  1. 2 January 2011 Enacted
  2. 1 March 2012 Act 2 of 2012
  3. 31 October 2018 Act 19 of 2018, S 724 of 2018
  4. 31 December 2021 Revised edition
  5. 1 July 2022 Act 17 of 2022
  6. 17 August 2026 Latest
Amended in force 31 October 2018 by Criminal Justice Reform Act 2018, Criminal Procedure Code (Amendment of Second Schedule) Order 2018
95.Exceptions to bail or release on personal bond

(1)An accused shall not be released on bail or on personal bond if —

(a)he is charged for an offence punishable with death or imprisonment for life;

(b) having been previously released on bail or personal bond in any criminal proceedings, he had not surrendered to custody or made himself available for investigations or attended court, and the court believes that in view of this failure, he would not surrender to custody, or make himself available for investigations or attend court if released;the accused is accused of any non-bailable offence, and the court believes, on any ground prescribed in the Criminal Procedure Rules, that the accused, if released, will not surrender to custody, be available for investigations or attend court; or

(c)he has been arrested or taken into custody under a warrant issued under section 10, 24 or 34 of the Extradition Act (Cap. 103) or endorsed under section 33 of that Act.

(2)Notwithstanding subsection (1), the court may —

(a) direct that any juvenile or any sick or infirm person accused of such an offence be released on bail; or

(b)release on bail an accused charged with an offence referred to in subsection (1)(a), if —

(i)the offence is also punishable with an alternative punishment other than death or life imprisonment; and

(ii) the offence is to be tried before a District Court or a Magistrate’s Court.Court; or

(c)release on bail an accused who has been arrested or taken into custody under a warrant mentioned in subsection (1)(c), if the conditions prescribed in the Criminal Procedure Rules for such release are satisfied.

(3)In this section, “accused” includes a “fugitive” as defined in the Extradition Act.