Good policing starts with getting evidence before effecting arrest

Members of Parliament should protect the existing constitutional right of bond and bail. Prosecution must give reasons why bond or bail should not be granted. The gravity of the offence is not in itself a reason for denying someone bail.
The greater the prosecution evidence, the greater the likelihood of conviction, the greater the likelihood of the defendant absconding, therefore strongly likely for refusal of bond or bail.
In Uganda, police arrest and detain people before gathering evidence uncontestable. Our police operate on instructions, bribe and mere guess work rather than facts. This explains why 48 hours elapse without evidence to adduce against the accused.
The law has provision for exceptional cases where the police needs more than 48 hours to gather evidence to charge an accused. What the police have to do is to file a request to court to extend the 48 hours to 72 hours.
Parliamentarians should set out clear grounds for bond or denial of bail. Known grounds include that the accused would fail to return to custody; that they would commit same offence while on bond or bail; or interfere with witnesses or obstruct the course of justice; or for safety protection of the accused; or where the accused is serving a prison sentence for another case; or where there has not been enough time to obtain adequate information about the accused for the purposes of granting bail. Others are where the accused has absconded in the present ongoing proceedings against him or her; in circumstance where the accused doesn’t want to apply for bail, knowing that a custodial sentence is likely. The accused may want to serve their probable sentence on remand to reduce their jail sentence period.
Reasonable judges and police officers attach conditions to bail or bond as a way to overcome objections to bail. Even those who do not have sureties, judges still provide and attach conditions. Judges are entrusted the mandate to preserve and to protect the existing order. Though there are judges who are not neutral players in a case, or who are politically parasitic.
Good policing starts with collecting evidence before an arrest. But in Uganda, it is the opposite. Fabrications are used to allege offences on accused. Personal gain, vendetta, malice, disagreement or differences of opinion with someone can land you behind bars.
Caxton Kasozi,
[email protected]