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Bill granting bail for convicts during appeal process passed

The parliament passed a bill allowing bail to be granted to convicts during the appeal stage.

Ameera Osmanagic
10 December 2024, MVT 21:11
Police officers apprehending an individual. PHOTO: POLICE
Ameera Osmanagic
10 December 2024, MVT 21:11

The Parliament today passed a bill allowing convicts to be released on bail during the appeal process.

The bill, submitted by Manadhoo MP Husnee Mubarak and passed by a unanimous vote by all 58 MPs in attendance, amended the existing Criminal Procedure Act, which only allows bail for those not convicted of a crime.

As per the bill that was passed today, convicted individuals may be released on bail during the appeal process. However, those found guilty of severe crimes such as murder, sexual violence against children and drug trafficking would be exempt from this leniency.

The bill also outlines that bail can only granted at the appeal state if there is sufficient basis for the appeal, and assurance provided that the individual would comply with the conditions imposed by the court. The individual also has to prove to the court that there is no benefit in further detaining him during the appeal stage.

The bill also provides bail for those convicted in lower courts, before their sentencing. However, this release is contingent on the individual proving that their release from custody is essential to the establishment of justice.

The court may also impose no fly orders, requirements to appear at court as well as prohibition of contact with any other individuals involved in the case.

The first convicted individuals to be granted bail while serving their jail terms were former President Maumoon Abdul Qayyoom, his son and former Dhiggaru MP Ahmed Faris Maumoon, as well as Jumhooree Party's President and Maamigili MP Qasim Ibrahim. The three individuals were granted bail by the High Court in 2018, during their appeal process.

However, the High Court later decided that the country's laws did not allow bail during the appeal process.

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