Bail (Guidelines) Act

This section says the Act may be cited as the Bail (Guidelines) Act.

Jurisdiction: Malawi
Instrument: Act or statute
Citation: Act 8 of 2000
Version: 31 Dec 2014
Language: en
Official source: View official record ↗

bail bail procedure criminal procedure legal citation police decision-making

Statute overview

About this statute

This section says the Act may be cited as the Bail (Guidelines) Act. This Act applies to all criminal cases where bail is being considered by the police and courts under section 118 of the Criminal Procedure and Evidence Code. When deciding whether to grant or refuse bail, a police officer or court must follow the bail guidelines in the Schedule. If a person has been remanded in custody by a court, the police should not grant bail to that person. Police should consider listed factors when deciding whether bail should be granted.

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Provisions of Bail (Guidelines) Act

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1
Short title
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This section says the Act may be cited as the Bail (Guidelines) Act.

1. Short title This Act may be cited as the Bail (Guidelines) Act.
2
Application
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This Act applies to all criminal cases where bail is being considered by the police and courts under section 118 of the Criminal Procedure and Evidence Code.

2. Application This Act shall apply to all criminal cases where the granting of bail is considered by the police and courts under section 118 of the Criminal Procedure and Evidence Code. [Cap. 8:01]
3
Section 3
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When deciding whether to grant or refuse bail, a police officer or court must follow the bail guidelines in the Schedule.

3. Bail guidelines In considering whether to grant or refuse bail, a police officer or a court, as the case may be, shall be guided by the principles, factors and other matters, constituting Guidelines on Bail, specified in the Schedule. Schedule (Section 3) Guidelines on bail

Part I

Bail by the police

4
Where a person has been remanded in custody by a court, the police should not grant bail to that person. 5
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If a person has been remanded in custody by a court, the police should not grant bail to that person.

4. Where a person has been remanded in custody by a court, the police should not grant bail to that person.
5
Section 5
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Police should consider listed factors when deciding whether bail should be granted.

5. The principles which the police should take into account in deciding whether or not bail should be granted include— (a) the likelihood of the accused failing to appear for further inquiry or for his or her trial; (b) the likelihood of the accused committing an offence while on bail; and (c) the likelihood of the accused interfering with witnesses or tampering with evidence or otherwise obstructing the course of justice.
6
Section 6
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The police must consider specified factors when deciding whether the stated principles have been established.

6. In considering whether the principles stated above have been established, the police shall take into account the following factors— (a) the nature and the seriousness of the offence; (b) the strength of the evidence against the accused; (c) the sentence which the offence may carry upon conviction; (d) the character, antecedents, associations and community ties of the accused; (e) the safety and protection of the accused; and (f) the state of health of the accused, as certified by a medical practitioner.
7
Section 7
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If the accused is a juvenile, the police must consider the juvenile’s welfare, possible removal from undesirable persons, and whether release would defeat justice.

7. Where the accused is a juvenile the police shall, in addition, consider the following factors— (a) the welfare of the juvenile; (b) whether it is necessary in the interest of the juvenile to remove him or her from association with any undesirable person; and (c) whether the release of the juvenile will defeat the ends of justice.
8
Any bail conditions given to the accused should not be unreasonable. 9. In all cases where bail is granted or refused the police shall record that fact. 10
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Bail conditions given to an accused person should not be unreasonable.

8. Any bail conditions given to the accused should not be unreasonable.
9
In all cases where bail is granted or refused the police shall record that fact. 10
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The police must record whether bail is granted or refused.

9. In all cases where bail is granted or refused the police shall record that fact.
10
Section 10
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If bail is refused, the police must tell the accused why and must inform the accused of the right to apply to a court for bail.

10. Where bail is refused, the police shall— (a) give the accused reasons for the refusal; and (b) inform the accused of his or her right to apply to a court for bail.

Part II

Bail by the courts

11
Where the circumstances have not changed, the accused may proceed by way of appeal setting out the grounds upon which the lower court is alleged to have erred. 12
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If circumstances have not changed, the accused may appeal and state why the lower court is said to have erred.

11. Where the circumstances have not changed, the accused may proceed by way of appeal setting out the grounds upon which the lower court is alleged to have erred.
12
Section 12
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The High Court must not entertain a bail application for a case pending before a subordinate court unless bail was first refused by that subordinate court.

12. No application for bail in any case pending before a subordinate court shall be entertained by the High Court unless bail was refused in the subordinate court.

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