Section 4A: Application against release on bail
This section is inserted by The Bail (Amendment) Act 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.
(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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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?