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Right of bail to an accused person is an important aspect to take into account because the law is clear that no person will be held liable unless it is proved expressly that such person is guilty of an offence or otherwise there is some kind of difficulties which the court thinks fit not to grant bail. Under this paper it tries to show and discuss the circumstance under which an accused person can be granted bail or not. It has been noted that in Tanzania most of accused person are being remanded due to the fact that they fail to comply with bail condition which seems to be excessive and mandatory to be followed by magistrates hence even though the court has given discretionary power still it turn to be theoretically and therefore meaningless .As a result the rights of accused person is being infringed.
The work of this paper is categorized into five chapters, chapter one carries an introductory part, background of the problem, statement of the problem, literature review, objective of the research, significance of the study, research hypothesis, and research methodology and design, chapter two consist of introductory part, definition of terms, the origin and historical background of bail under common law specifically in Tanzania, the history of bill of rights in relation to the development of law relating to right to bail then chapter three consist legal instrument on law of bail then chapter four consist of an introduction, the doctrine of presumption of innocence, sureties, effects of the failure of an accused person to meet bail condition, chapter five consist conclusion and finally conclusion and recommendation. |
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