(a)the accused is charged for an offence punishable with death or imprisonment for life;
Section history
Section 95 — Exceptions to bail or release on personal bond
As in force on 26 June 2023.
Timeline 6 versions
(1)An accused must not be released on bail or on personal bond if —
(b)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)the accused has been arrested or taken into custody under a warrant issued under section 12 or 34 of the Extradition Act 1968 or endorsed under section 33 of that Act.
(2)Despite 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;
(b)release on bail an accused charged with an offence mentioned 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; 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 1968.