Amendment proposed to allow post-conviction bail during appeal process

An amendment has been proposed to the Criminal Procedures Act which would allow convicted criminals to be released on bail until completion of the appeal process.

As per the current Criminal Procedures Act, bail is only applicable to suspects arrested in a case, and not to those who are convicted of a crime.

Ruling People's National Congress (PNC) MP for Manadhoo constituency Husnee Mubarak proposed an amendment which states that if a sentence is appealed, then the convicted person can be released on bail until the appeal process is completed. However, it is specified that this does not apply to major crimes such as murder, child sexual abuse, and drug trafficking.

The amendment states that bail must be granted in the instance that there is an acceptable basis on the appeal case, the bailee agrees to abide by conditions set by the court, and when the applicant proves that there is no reason to continue holding them in custody.

The bill further states that those who have been ruled guilty from lower courts can also be released on bail until their sentencing hearing. However, this can only be done when proven that releasing them on bail is important to the process of serving justice.

It goes on to say that even when released on bail, conditions can be set where the individual is not allowed to travel outside the area, must be present at court at defined times, and must not communicate in any form with persons related to the case.

The first time in Maldives that bail was granted to convicted individuals was in 2018 to former President Maumoon Abdul Gayoom, former MP for Dhiggaru constituency Ahmed Faris Maumoon, and Jumhoori Party leader and MP for Maamigili Gasim Ibrahim who were in prison at the time.

High Court released the three of them on bail until the completion of the appeal cases that they had submitted.

However, later on, the High Court decided that convicted persons cannot be released on bail during the appeal process as there are no existing laws allowing or detailing this.