Article 145 the constitution read together with 138- Extra judicial methods to enforce a purported settlement or give effect to the purported admission. Unlawful exercise of jurisdiction to remand a suspect- distinction between the expressions "Suspect" and "Accused"- 116, 136 and 420 of the Criminal Procedure Code- Interference with the liberty of the accused pending trial otherwise than due process of Law.

 

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CIVIL PROCEDURE AMENDMENT NO 43 OF 2024

What law governs the granting or remanding of an accused or suspect person? The law that governs the granting or remanding of an accused or suspect person is the Bail Act No. 30 of 1997. This Act provides for the release on bail of persons suspected or accused of being concerned in committing or having committed an offense. It also provides for the granting of anticipatory bail and other related matters. The Bail Act establishes that the grant of bail should be the guiding principle, subject to exceptions as provided for in the Act, and refusal to grant bail should be the exception. It prevails over the provisions of the Code of Criminal Procedure Act and other written laws, except for the Release of Remand Prisoners Act, No. 8 of 1991.