Govt submits legislature to allow post-conviction bail

The government has submitted legislature to amend the Criminal Procedure Code in order to allow for convicts to be freed on bail.

Bail is the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged or a surety is named to guarantee their appearance in court.

The new bill, sponsored by Manadhoo MP Husnee Mubarik, will allow for convicts to be freed on bail, pending the outcome of their appeal. But bail will be based on certain conditions, including that:

• The appeal is based on credible grounds
• Adherence to bail conditions
• And lack of any public interest in keeping the convict detained

The bill also allows for convicts to be released on bail while they await sentencing by the lower court.

However, the legislature stipulates that convicts will be released under the circumstance only if it is proven to be crucial to the establishment of justice. The bill states that the court can also set certain conditions, including imposing a travel ban, requiring them to present themselves to court at specified times, or barring them from communicating with other people involved in the case.

The legislature states that bail must be granted only if doing so does not infringe on the interests of the victim or the society at large.

The bill also includes provisions on quick preservation of stored computer data, procedures on disclosure of traffic data, as well as procedures on search and seizure and withholding of stored computer data.

The High Court has previously declared that given the lack of specific laws to that effect, only suspects can be released on bail.