Warrants of Detention and Imprisonment

Part 4: Warrants of Detention, Imprisonment, or Release

Section 71

Issuance of Detention Warrants – A detention warrant may be issued at any stage during of the legal process:

– Investigation, – Preliminary inquiry, or – Trial. – This warrant is issued under Section 87 or Section 88, and follows the same rules as arrest warrants under Section 66.

– Validity: Remains valid until the court revokes it by issuing:

– A release warrant, or – An imprisonment warrant. The Exceptions:

The court may refrain from issuing a detention warrant, or may issue a release instead, if the accused is:

– Under 18 years old, – A pregnant woman or has given birth within the past 3 months, or

– Seriously ill, where detention may endanger life. In these types of cases, the court may:

– Place the person under supervision, – Assign a responsible guardian,

– Impose conditions to prevent escape or harm. > Time limits:

– During investigation: max 6 months validity.

– During preliminary hearing or trial: valid until completion.

– The court may later revise the order if the person fails to comply or if circumstances change.

Section 72

Grounds for Issuing a Release Warrant A release warrant is issued when one of the following comes into being:

1. The court grants a temporary release.

2. The prosecutor/investigator requests release during investigation.

3. The prosecutor drops charges.

4. The prosecutor fails to file charges on time.

5. The court dismisses the case after an inquiry (except during Supreme Court appeal if deemed necessary to detain).

6. The plaintiff withdraws the case, there’s a compromise, or the court dismisses the case (unless the court detains the defendant pending appeal).

7. The court issues a non-custodial sentence, or the defendant: – Pays a fine, or – Is granted time to pay.

Section 73

The release After Time Served or Pending Appeal – This can occur during an appeal to the Supreme Court: – If the defendant has already served the equivalent time of the sentence, the court must issue a release warrant, – Where the plaintiff is appealing for a harsher sentence.

Section 74

The Imprisonment Warrant is issued when one of the following occurs – If a person has been sentenced to one of the following: – Imprisonment, or to Death, or *Jail in lieu of any unpaid fines, The court can also issue a warrant of imprisonment. This however is (subject to Sections 73 and 185 para 2).

Release Upon Completion or Exemption The court must issue a warrant of release. This when the sentence ends because of one of the following: – Time has been served, – Received a Royal pardon, – This is a conditional release, – The person received amnesty, or other legal exemption.

Section 76 

Prompt Execution Required is required All warrants for: – For detention of a person, – Likewise for imprisonment of a person , or – for the release of the person . These must be carried out without delay.