High Court Corruption and Economic Crimes Division - 2017 June

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Judgment date
June 2017
A valid DPP certificate under s.36(2) ECOCCA prevents grant of bail until the DPP withdraws it.
Criminal procedure – Bail – Effect of DPP certificate under s.36(2) ECOCCA – A valid certificate by the DPP precludes grant of bail until withdrawn. Constitutional law – Article 107A does not empower court to ignore valid statutory DPP certificate. Statutory interpretation – Similarity to s.148(4) CPA does not automatically render s.36(2) ECOCCA unconstitutional. Validity test for DPP certificate – Written certification that safety/interests of the Republic likely to be prejudiced and relation to subordinate court proceedings (Ally Nur Dirie/Li Ling Ling authorities).
8 June 2017