Section 4A: Application against release on bail
This section is inserted by Act No 4 of 2025, section 6.
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
4A. Application against release on bail
(1) (a) Where, immediately after ordering the release
on bail of a defendant or detainee, the Court is notified by the
Director of Public Prosecutions or, by the Commissioner of Police
on the advice of the Director of Public Prosecutions, that an
application under subsection (2) is being made before the
Supreme Court and that a stay of execution is required, the Court
shall stay execution of the order and remand the defendant or
detainee until the Supreme Court determines the application.
(b) Where a defendant or detainee is remanded by
the Court under paragraph (a) and the Director of Public Prosecutions
fails to apply to the Supreme Court not later than 7 days under
subsection (2), the defendant or detainee shall, on the next day
following the expiry of the 7- day period, be brought before the Court
who shall thereupon release him on bail as originally ordered by
the Court.
26 Acts 2025
(2) Notwithstanding an order for stay of execution
having been sought under subsection (1)(a), the Director of Public
Prosecutions may, not later than 7 days of the determination of the
Magistrate, apply to the Supreme Court for an order setting aside
the determination of the Magistrate to the release on bail of the
defendant or detainee.
(3) The Supreme Court may, where a defendant
or detainee has been released on bail and no stay of execution has
been sought under subsection (1)(a), on motion made by the
Director of Public Prosecutions, order that the determination
of the Magistrate be stayed and that the defendant or detainee be
apprehended and remanded in custody pending the determination of
an application made before the Supreme Court under subsection (2).
Passed by the National Assembly on the twenty fifth day of
March two thousand and twenty five.
Navin Gopall
Acting Clerk of the National Assembly
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By Authority: Government PrintinG DePArtment, LA tour KoeniG 27/03/2025 – 835
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Questions this section answers
- If I'm granted bail but the DPP wants to appeal it to the Supreme Court, can I be kept remanded while that appeal is pending?
- If the DPP is late applying to the Supreme Court to set aside my bail, must I be released after 7 days?