Bail and access to justice in Uganda: an analysis of legal frameworks, judicial practice, and human rights concerns

Abstract

The right to liberty lies at the heart of the ideals of constitutional democracy. So pertinent is the right that the Magna Carta, often regarded as the earliest cornerstone of the rule of law, established the principle that no person should be deprived of liberty except by due process of law. The right to liberty affirms the inherent dignity and autonomy of the individual by shielding them from arbitrary detention. As such, even when a person is accused of an offence, because they are by law presumed innocent, they should not be deprived of their liberty arbitrarily and unjustifiably. To safeguard this protection of liberty, courts grant the accused persons bail, irrespective of the offence with which one may be charged.