Introduction to Bail Act in Sri Lanka
Bail is a legal process that allows someone who has been arrested to be released from custody while their case is being processed. Sri Lanka’s bail law is mainly governed by the Bail Act No. 30 of 1997, which explains when and how bail can be granted or refused.
The purpose of the Bail Act in Sri Lanka is to make sure that people who are accused of crimes can be released from custody while ensuring that they come back for their court hearings. Bail is like a promise or guarantee that the person will follow the rules set by the court. It is not a punishment. The Bail Act also introduced something called anticipatory bail, which means that a person who thinks they might be arrested can apply for bail before the arrest happens.
Key Points from the Bail Act in Sri Lanka
- Granting Bail is the Rule
Under the law, bail should be granted in most cases unless there are strong reasons to refuse it. This helps protect people’s freedom.
- Exceptions to Bail
There are certain cases where the Bail Act does not apply, such as:
– Crimes under the Prevention of Terrorism Act
– Crimes under the Public Security Ordinance
– Specific laws like the Customs Ordinance, Offensive Weapons Act, and poisons and Dangerous Drugs Ordinance.
- Bailable and Non-Bailable Offenses
– Bailable offenses: For less serious crimes, the person has a right to be released on bail.
– Non-bailable offenses: For serious crimes (e.g., murder, drug offenses), the court has the discretion to decide whether or not to grant bail.
- Bail During Police Investigation
If the crime is less serious, the police can release the person on bail during their investigation. For serious crimes, the person must be brought before a judge.
- Bail for Serious Crimes
For crimes that are punishable by death or life imprisonment, only a High Court judge can grant bail.
- When Bail Can Be Refused
The court can refuse to give bail if it believes:
– The person might not return for court hearings,
– They might interfere with witnesses or evidence,
– They might commit more crimes while out on bail, or
– The public might react strongly to the crime, causing unrest.
- Detention Period
A person can’t be held in custody for more than 12 months without being convicted, unless the Attorney General asks for an extension. Extensions can be given for up to three months at a time, but the total detention should not exceed 24 months.
- Bail Pending Appeal
Even after a person is convicted, they can apply for bail while their appeal is pending, but this depends on the severity of the crime.
Anticipatory Bail
Anticipatory bail allows a person to apply for bail before they are arrested if they think they might be accused of a non-bailable crime. The court can set conditions, such as not allowing the person to leave the country or requiring them to give up their passport. This helps protect people from wrongful arrests.
Several important court decisions have shaped the way bail is granted in Sri Lanka:
– Thilanga Sumathipala v. Inspector General of Police: The court clarified that the Bail Act does not apply to certain crimes like those under the Prevention of Terrorism Act.
– Shiyam v. Officer-in-Charge, Narcotics Bureau: The court ruled that bail can be restricted for drug-related offenses, even if the Bail Act normally applies.
– Wickramasinghe v. Attorney General: The court emphasized that bail should not be refused just to punish the accused. It should be given to ensure the person attends court hearings.
Sri Lanka follows international conventions like the International Covenant on Civil and Political Rights (ICCPR), which protect people’s right to freedom and prevent unnecessary detention. The country’s bail laws are designed to align with these principles by ensuring that people are not held in jail unnecessarily before their trial.
Conclusion
As a conclusion Sri Lanka’s bail law is designed to protect individual freedom while ensuring that people accused of crimes still attend court. The Bail Act makes it clear that granting bail should be the rule, and refusing it should be the exception, except in serious cases. Anticipatory bail adds an extra layer of protection for people who fear wrongful arrest. Over time, court decisions have further refined the balance between protecting public safety and ensuring individual freedom.
