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What are the major considerations Courts should take into account when granting bail to an accused person?



Major consideration Courts should take into account when granting bail to an accused person are divided into two categories, namely Statutory one and Non statutory one. 

Statutory Considerations are provided for under Section 148(5) of the Criminal Procedure Act. These are: 

(1) Certificate by DPP (Director of Public Prosecution) 

(2). Previous Conviction 

(3). Failure to comply with previous bail conditions imposed by court. 

(4). Commission of another offence while on bail 

(5). Accused’s own profession and safety

Non – Statutory Considerations are: 

1). Likelihood of applicant to abscond 

2) Likelihood of applicant to commit another offence if released on bail 

3). If applicant will be released there is likelihood of affecting peace and good order 

4). Seriousness of the offence 

5). Reliability of the sureties 

6). Applicant’s residence or domicile 

7). Length of time the applicant has been in custody 

8). Nature of the offence in support of the charge 

9). Age of applicant 10). Health condition of the applicant

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