Conditional Liberty: DPP & CP’s Powers Clarified in New Bail Legislation

In a significant move to enhance legal clarity and security, a proposed bill aimed at amending the Bail Act will soon be submitted to the National Assembly. The Bail (Amendment) Bill will seek to distinctly outline the respective powers of the Director of Public Prosecutions (DPP) and the Commissioner of Police regarding the release on bail, ensuring a more structured legal framework in this sensitive area.

Under the new legislation, the Commissioner of Police will be granted exclusive discretionary power to decide whether to oppose the bail release of a defendant or detainee in court.

However, should the Commissioner wish to contest such a release, they will be required to seek the opinion of the Director of Public Prosecutions.

The final authority to either object or refrain from objection will rest solely with the DPP.

Furthermore, the bill will delineate a pivotal change in authority concerning bail decisions.

When a magistrate orders the release of a defendant or a detainee, the power to appeal to the Supreme Court for the reversal of that decision will now reside exclusively with the DPP.

Previously, this power was shared with the Commissioner of Police, but this amendment is signifying a clear shift in responsibility.

This decisive move has received formal endorsement from the Cabinet, which convened on Friday, February 28, adding a layer of urgency and importance to the legislative process.

Source: Defi Media