there was proof of exceptional circumstance for the suspect to be released on bail as he had been in incarceration for more than one year which is the minimum custodial sentence that could be imposed on him. As at today, the suspect has been on remand for one year and eleven months which is equivalent to two fifth of the maximum custodial sentence that can be imposed on the suspect. This means that if an application to the High Court is made today, the learned High Court Judge will have no option but to release the suspect on bail, on the basis that he had been on remand for almost two years. immigration and emigration act. person serving a substantial remand period compared to the custodial sentence that could be imposed after conviction- absurdity of keeping accused on remand pending trial

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CIVIL PROCEDURE AMENDMENT NO 43 OF 2024

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