Victims of Crime and Witnesses Act No.4 of 2015

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Protection of Victims of  Crime and Witnesses Act No.4 of 2015- bail application in terms of section 10(1) (a) of the Act- Section 10(1) (a) of the Act  permits the release of suspect only under circumstances- Bail Act, No.30 of 1997 has no application with regard to  offences under the Victims and Witnesses Protection Act- Each application is decided on the particular facts of that individual case and no two cases are exactly the same. 

Each application is decided on the particular facts of that individual case and no two cases are exactly the same. “Exceptional circumstances” is very subjective and court has to interpret each case according to the situation by exercising judicial discretion contrary to the general consideration of other bail applications where the courts take into account a wide range of relevant factors which can be described as “surrounding circumstances”. 

A circumstance which can be considered as ‘exceptional’ in one case may not necessarily be an exceptional circumstance in another case. 

As per Iddawela J

“When there is no prima facie case against the accused /suspect or when there is any inordinate delay in the process which cannot be explained or justified, they can be considered as exceptional circumstances.”



READ JUDGMENT - EXCEPTIONAL CIRCUMSTANCES DISCUSSED

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