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| A Legal Review Of Bail Reform Propsal, Court Discretion And The Doctrine Of Precedent In Uganda
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Ms (Kisubi Esther Christine), Miss (Nagawa Hellen Flavia), Miss (Atuhaire Peace), Miss (Mbeiza Patience), Ms (Kyomugishya Kurusumu)
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Abstract:
(Bail reforms lies at the centre of recent debates triggered by president Museveni's suggestion that bail for capital offences that include murder, Rape, robbery, and treason should be scrapped in the criminal justice of Uganda because bail is presumed to cause injustice and the release of suspects by courts presumably passes for provocation of victims and their families into carrying out mob justice against the suspects. Bail talks have become 'hot' in Uganda. Bail reform is vehemently opposed by the legal circles, civil society, academia and human rights advocates arguing that, reform is not necessary and unconstitutional. Done right, bail keeps dangerous criminal off the streets; done wrong, it keeps those with less economic in jail longer. This article examines the legitimacy and authority of the bail reforms, evaluates the true doctrinal standing of the right to bail and argues that bail is a constitutional right rooted in history and natural justice, that reforming bail will have widespread theoretical and practical impacts, such as, alter the landscape of bail laws, schedules and risk assessments, impact the debate of equitable application in criminal law, prison overcrowding which is already the country's problem and due process protection of presumption of innocence a non-derogable right. The study finds that, the reform proposal is illegitmate and unconstitutional for it violates the constitutional rights of equality before the law and presumption of innocence and is considered a wall to freedom and justice.)
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