Yesterday we told you about a certain Ugandan Award winning writer who has been in police custody for about 6 days. AS of yesterday, the court issued an order that he should be released by police. So, let us talk about that.
UNCONDITIONAL RELEASE
Under the Constitution, no one is supposed to be held in prison for more than 48 hours without being produced before in Court. If this happens, then you have a right to ask to be released conditionally. There are are two ways that person can be released conditionally;
1. Police bond
2. court bail.
Both these options have conditions attached to them, namely that you should appear either at police or the court at a specific period of time while they are organizing themselves to try your case, do not disturb witnesses or interfere with the case and do not leave the country.
When you have exceeded the 48 hours in police custody, and the police does not (unable/unwilling) to give the bond to you, then the law gives you the right to ask to be released without having any conditions or requirements such as reporting to police or court. This is known as Unconditional release.
When this order is issued, the police is supposed to respect it and release the person from custody. This person should not be detained after that order is issued and presented to police.
#BarefootLaw
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