BAIL Flashcards
What are the types of bail available to a suspect?
- Bail Pending Investigation
- Bail Pending Trial
- Bail Pending Appeal
What section of the constitution provides for the grant of bail?
SECTION 35 OF CFRN
Can a Lawyer stand as Surety for his client?
RULE 37(1)b of the RPC- NO!
What is the mode of applying for Police Bail?
- Orally
- In writing
What is Remand Proceedings?
GENERAL RULE- Magistrate court cannot grant bail or entertain capital offence.
EXCEPTION-It is simply a formal application whereby a suspect is brought before a magistrate for remand or bail(for capital offenses)
Such suspect must establish specific circumstances before the bail will be granted.
LUFADEJU V JOHNSON
What is Holding Charge?
Difference between Remand and Holding charge?
What is the maximum period a magistrate can remand a suspect under ACJL?
30 days at first instance, subject to another 30 days(where good cause is shown)=60 days
What is the maximum period a magistrate can remand a suspect under ACJA?
14 days at first instance, renewable for another 14+14 days=42 days
What is the maximum period a magistrate can remand a suspect under ACJL Kano?
21 at first instance, 14+14=49 days
By what application is remand proceedings brought under ACJA?
Motion Ex Parte
By what application is remand proceedings brought under ACJL?
Request Form in FORM K
By what application is remand proceedings brought under ACJL?
Request Form in Form K
What are the Conditions that the court will consider before remand order can be granted?
1.Nature, and seriousness of the offence
2. Reasonable grounds that the person is involved in commission of the offence
3. Reasonable grounds that the person may abscond or commit further serious offence
4. Any other circumstances of the case that justifies the request for remand
What are the OPTIONS AVAILABLE TO THE SUSPECT UPON REFUSAL OF POLICE BAIL?
- He can apply to the FHC or SHC within the state where he is detained under FREP rules
. Mode of application is either through OM, OS, WS or Petition - Shall apply to the HC by way of Habeas Corpus
.Mode of application is ex parte together with an affidavit
What is Bail Pending Trial?
It is granted only by the court after proceedings have commenced and can only be made after suspects have been arraigned in court.