1. Court appearance and plea taking
An accused person ought to be produced in court within twenty four (24) hours of being arrested, unless the 24 hours fall on a day when courts are not in session. Once in court the charges are read out to the accused person, who is required to answer to the charges.
If the accused person agrees to the charges a plea of ‘Guilty’ is entered against him and the court proceeds to convict and pass its sentence.
If the accused person denies the charges, a plea of ‘Not guilty’ is entered, and the court proceeds to set bail terms for the accused person. At this stage, the state may apply to detain the accused person, if for instance, investigations are incomplete or it is feared that he may interfere with investigations. The court can issue an
order for the continued detention of the accused person for a period not exceeding fourteen (14) days.
2. Bail/ Bond
A suspect can be released on cash bail, or on a personal (free) bond at the police station. If bail or bond is not allowed at the police station, the accused can make an application for bail/bond before the court, which proceeds to set the terms of bail/bond. The court can either admit an accused person to bail or release him or her after executing a bond with sureties for his or her appearance. If the accused is allowed bond with security or sureties, the court will authenticate the sureties. A surety is a person who pledges to ensure that the accused person will attend court, and that if the accused fails to attend, they forfeit the security. If the court is satisfied, the
accused person is released. The prosecutor can ask the court to deny bail/ bond to the accused person if there are compelling reasons.
3. Trial
There are two stages of trial as set out below:
i. Prosecution’s case
During trial, the state is allowed to present its case first, by calling witnesses and producing documentary evidence. The accused person or his advocate is allowed to cross examine the prosecution witnesses. When the evidence of the witnesses for the prosecution has been concluded, the court writes a ruling. If the court is of the view that there is no evidence that the accused committed the offence, after hearing, any arguments which the advocate for the prosecution or the defence may wish to submit, The court should record a finding of not guilty.
However, if the court is of the view that there is evidence that the accused committed the offence, the accused will be put on his defence, after which the accused person will be informed of his right to address the court, either personally or by his advocate. The accused person has three options of addressing the court i.e.
a) By either giving evidence on his own behalf,
b) By making an unsworn statement,
c) Or by calling witnesses in his defence,
If the accused person says that he does not intend to give evidence or make an unsworn statement, or to produce
evidence, then the prosecutor may sum up the case against the accused person; but if the accused person says that he intends to give evidence or make an unsworn statement, or produce evidence, the court puts him on his defence.
ii. Defence case
The accused person or his advocate is then allowed to open his case, stating the facts or law on which he intends to rely on, and making any necessary comments on the prosecution’s evidence.
The accused person can then give evidence on his own behalf and he or his advocate can examine his witnesses (if any), and after they are cross-examined by the prosecutor, he or his advocate can re-examine them and eventually sum up his case. When the defence case is closed, the judge then gives a
Judgment. If the accused person is acquitted, the court will enter a finding of ‘Not guilty’. If the accused person is convicted, the judge will allow him to give any mitigating circumstances that should be put into consideration by the court during sentencing.
The court could also allow the complainant/ victim to present a victim impact statement, which is also to be put into consideration during sentencing. There are three categories of sentences i.e. minimum sentences – which prescribe the least punishment for an offence, mandatory sentences – which prescribe a specific punishment for an offence and maximum sentences- which prescribe the highest punishment for an offence. Sentencing marks the end of a criminal case.
Conclusion
The complainant can withdraw his complaint if he satisfies the court that there are sufficient grounds for allowing him to withdraw his complaint. Once the complaint is withdrawn, the court will acquit the accused person. Alternative means of settling disputes are also permitted for criminal cases but under very limited circumstances. They are mostly allowed for minor offences and not felonies.