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Tough new bill to kill crime
Detention of suspects for 48 hours
Completion of trial within 90 days
By Chandani Kirinde
Legislation to confer powers on the Police to detain persons for 48 hours, instead of the present 24 hours, is to be introduced in Parliament shortly. This legislation while providing for the extension of the period of detention of persons arrested without a warrant to facilitate investigations, will also make provision for dispensing with non-summary inquiries in certain cases.

Under the provisions of the bill titled Code of Criminal Procedure (Special Provisions), the period of detention of persons shall be between 24 and 48 hours in certain cases in relation to crimes such as killings, rape and any offence committed with the use of explosives or offensive weapons.

The bill also makes provision for the Attorney General to forward indictment directly to the High Court in case of certain offences where there are aggravating circumstances or circumstances that give rise to public disquiet.

In the case of such offences, a magistrate will hold a preliminary inquiry and forward the record of the proceedings to the Attorney General, who on receipt of the record of the proceedings can decide whether to file indictments in the High Court.

In case no direct indictment is required, the AG will return the records to the Magistrate within 30 days and direct that a preliminary inquiry be held in terms of the Code of Criminal Procedure Act No.15 of 1979.

The bill also provides for the taking of depositions of witnesses for the prosecution. This would mean that statements made by a witness in the course of the investigations shall become part of the records of the inquiry after the Magistrate has verified the accuracy of such a statement and both the witness and the Magistrate have certified it.

However, the cross examination of the witness by the accused or his pleader will not be permitted but the magistrate can put to the witness any clarification required by them regarding the statement.

Before a witness is produced against the accused, the Magistrate shall permit the accused or his pleader to peruse in open court the statement made by that witness to the police in the course of investigations.

The bill will also require that the proceedings be concluded within 90 days. The provisions of this bill shall be in operation for two years from the date of its enactment.

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