juris

Section 4A: Application against release on bail

Bail Act

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 _________________ By Authority: Government PrintinG DePArtment, LA tour KoeniG 27/03/2025 – 835

Ask juris about this section Official source

Questions this section answers