Is filing of an application for provisional release complicated?
Not at all, a public relations officer of the Court of Justice may provide information on steps of application for provisional release and help the applicants in filling out the application form. The applicants may seek any advice and make an application for provisional release for the accused or defendant by themselves at all steps and the public relations officer shall advise on the correct practice without fees.
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At what stage can the application for provisional release be made?
- stage where the accused or defendant being brought by the police or public prosecutor to the court, requesting for remand;
- stage of the trial in the court of the first instance: after the public prosecutor files the charge with the court, and the accused becomes the defendant, the defendant may apply for provisional release to the court. In the case where private persons prosecute the case by themselves and the court accepts the charge, then the accused may submit an application for provisional release prior to the trial date, on the trial date, or after the date set in the writ of summons for appearance to defend his/her case;
- stage of the appellate court: in the case where the defendant is sentenced to imprisonment or custodial sentence by the judgment of the court of the first instance, the Court of Appeal or a regional court of appeal, he/she may apply for provisional release before filing an appeal to any court of appeal or to the Supreme Court (Dika), as the case may be, or at the same time, or even after the appeal or Dika, if any.
Each application for provisional release is effective only at the stage in which the order is granted. If the case moves to another stage, such as from the court of the first instance to any court of appeal, the new application for provisional release must be filed.