The Effectiveness of the Legal Framework that Regulates Bail in the High Court of Uganda
| dc.contributor.author | Ian Kiyegga | |
| dc.date.accessioned | 2025-06-27T06:22:20Z | |
| dc.date.available | 2025-06-27T06:22:20Z | |
| dc.date.issued | 2025-05-30 | |
| dc.description | The thesis is on the effectiveness of the legal framework on bail applications in the High Court of Uganda. The laws abided on are the 1995 Uganda Constitution (as amended) Article 23(a) and (c), and Article 28(3), the Trial on Indictment Act cap 25, the Magistrates Courts Act and the Constitutional (Bail Guidelines for Courts of Judicature) (Practice) Directions 2022 and the Judicature (Criminal Procedure) Application Rules. The effectiveness of the legal framework is greatly dependent on the applicability of the broad discretionary powers of the High Court when determining bail applications which is evidenced by the inconsistencies in the application of the law sometimes turning bail into a privilege. The non-legal factors like media and public scrutiny of high-profile cases before they are disposed of by court and interference of the Executive Arm of Government especially during the determination of cases of opposition members. The thesis also provides for reforms to be undertaken so that the legal framework is as effective as intended. | |
| dc.description.abstract | The research is on the Effectiveness of the Legal Framework on Bail Application in the High Court of Uganda. It examines the Constitutional and statutory provisions governing bail application in the High Court of Uganda, focusing on how the High Court has practically applied the law when determining bail applications and the impact of their decisions on the principle of bail application in the High Court. The research explores the balance between the accused’s right to bail and the safety or security of society. The legal framework grants the High Court broad discretion, which it has used in determining the bail application for capital offenses, and in turn, affected the effectiveness of the legal framework on bail application in the High Court of Uganda. Other factors also affect the effectiveness of the legal framework in determining bail applications in the High Court of Uganda, and these are the non-legal factors as discussed in the research. | |
| dc.description.sponsorship | Mrs Prossie Nkugwa, Mrs Kayiira Margrette, Mrs Juliet Namujjuzzi and Mrs Enid Nansubuga | |
| dc.identifier.uri | https://hdl.handle.net/20.500.12311/2772 | |
| dc.language.iso | en | |
| dc.publisher | Uganda Christian University | |
| dc.subject | High Court | |
| dc.subject | Bail application | |
| dc.subject | Discretionary Bail | |
| dc.subject | Mandatory Bail | |
| dc.subject | Presumption of Innocense | |
| dc.subject | Capital Offenses | |
| dc.subject | Trial on Indictment Act cap 25 | |
| dc.subject | Magistrates Courts Act | |
| dc.subject | Grave illnes | |
| dc.subject | Likelihood to abscond | |
| dc.subject | Suitable sureties | |
| dc.subject | Fixed place of abode | |
| dc.title | The Effectiveness of the Legal Framework that Regulates Bail in the High Court of Uganda | |
| dc.type | Thesis |