High Court Corruption and Economic Crimes Division - 2017 May

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Citation
Judgment date
May 2017
A valid DPP certificate under s.36(2) ECOCCA precludes the court from granting bail to the applicant.
Criminal procedure – bail pending trial – DPP certificate under s.36(2) ECOCCA – effect of valid certificate prevents grant of bail. Procedural requirements – DPP certificate is a standalone document; court stamp and original seal suffice. Constitutional challenge – invalidity of similar provision in another statute (s.148(4) CPA) does not automatically negate s.36(2); Court of Appeal authority is binding.
17 May 2017