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Criminal procedure — bail — pending trial — factors to consider — onus — when lies on accused.
In deciding whether or not to grant an application for bail pending trial, a judge or magistrate must take into account the provisions of s 106(3) of the Criminal Procedure and Evidence Act [Chapter 59]. He must also strike a balance between the liberty of the individual concerned and the administration of justice, so as to safeguard both.
It is not proper to refuse bail just because the court has set down the date of hearing of the case. Even if the trial date is only a few days away and releasing the accused would create transport or accommodation problems for him, there must be other reasons which, when coupled with a fixed trial date, would compel the court to refuse bail.
Where the police have made allegations which would provide grounds for refusing bail, the onus shifts to the accused to show, on a balance of probabilities, that his admission to bail would not prejudice the interests of justice and why it is in the interests of justice that he should be set at liberty before his trial commences or at any other time.
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