High Court of Malawi - 2004 September

1 judgment

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1 judgment
Citation
Judgment date
September 2004
Whether the State must prove that the interests of justice require pre-trial detention under section 42(2)(e) when bail is sought.
Constitutional right to bail (s42(2)(e)) — burden on State to show interests of justice justify detention — common-law ‘exceptional circumstances’ test questioned — health grounds and risk of absconding in bail decisions — Bail (Guidelines) Act considerations.
2 September 2004