Police refuses bail

/in /by

My cousin was arrested and detained at a Police station on allegations that he assaulted a person while they were in bar boozing. It is four days now and the Police have not released or taken my cousin to Court, and have refused him bail for reasons we don’t know. What can we do to compel Police to admit my cousin to bail?
MM, Musoma

Bail is a constitutional right though the right is not an absolute right. It is a right subject to conditions prescribed in the written laws. Section 64(5) of the Criminal Procedure Act [Cap.20 R.E 2019] imposes a duty on a police officer arresting a person to inform the suspect that he has a right to bail if the offence for which he is arrested is bailable. Police have the discretion under section 64 of the Criminal Procedure Act not to admit a suspect to bail even if the offence for which she/he is arrested is bailable where the circumstances of the case are such that there is a likelihood of the suspect not turning up when he is needed by Police for further investigation or to be taken to Court to stand his trial. The probability of not turning up can be deduced from the suspect’s background and family ties, or his residence, employment and family situation, or his previous Police record, if any. In determining the likelihood of turning up after grant of bail, Police may also consider the circumstances in which the offence was committed, the nature and seriousness of the offence, the strength of the evidence and any information available relevant to the likelihood of the suspect absconding bail. Section 67(1) of the Criminal Procedure Act requires a police officer refusing to admit a suspect to bail to record in writing the reasons for such refusal.

Where a Police officer refuses to admit a suspect to bail and does not formally charge him in Court, the suspect or his lawyer may petition the Court for bail under section 67(2)(3) of the Criminal Procedure Act. Once a Police officer receives a summons to produce the suspect before the magistrate, he must do so within 24 hours.