REMAND IN CUSTODY UNDER THE CAMEROON CRIMINAL PROCEDURE CODE

ABSTRACT

The courts failure to monitor the police diligence in carrying out investigation has paved the way to frequent unnecessary remands of suspects and has negative impacts on the rights of suspects. This study assesses and evaluates the practical implication of law of remand on the right’s of suspect in criminal investigation particular emphasis on the right of remand prisoners. Thus, the main objective of this thesis is to fill this gap by assessing the implication of law of remand on the rights of suspects during criminal investigation. To realize this envisioned objective the study employed qualitative research approach and significant data for the study were collected both from primary and secondary sources. The findings of this study revealed that the old practice of investigating by arresting the suspect are become trends by the courts which is applicable for special criminal investigations, and become applicable to all types of crimes under the criminal procedure code Arbitrary and protracted remands cause serious disruption to the lives and rights of individuals suspected of criminal activity; because of the above reasons which is abuse of remand prisoners. Undetermined period of remand can also prevent the investigating police from doing their job diligently. Concerning remand proceeding the provisions of the Criminal Procedure Code is not detailed and clear enough when it concerns the period in which remand prisoners are said to be detained, the maximum remand as seen at the various levels are not respect

CHAPTER ONE

WHAT IS REMAND IN CUSTODY?

GENERAL INTRODUCTION

  When interest of justice requires the court may remand the suspect in custody.[1] The term interest of justice in this context refers generally to the cause of fairness and equity used when a judge has discretion to making a ruling in a remand for the purpose of investigation and for other forms of pre-trial detention, in order to achieve interest of justice court may order the arrested person to remain in custody or, when requested remand him for a time strictly required to carry out the necessary investigation, In determining the additional time necessary  for investigation, the court shall ensure that the responsible law enforcement authorities carry out the investigation respecting the arrested person’s right to bail.20[2] Pre trial detention is liberal democracies is usually subject to safeguard and restrictions. A typically a suspect will be remanded only if it is likely that he or she could commit a serious crime, interfere with the investigation or fail to come to the trial. Also, presumption of innocence allows for remand prisoners to be treated differently from convicted prisoners. In the majority of cases, the suspect will not be in detention while awaiting trial, but will retain the right to bail as a result of his or her un sentenced status.  However, the right to bail will not be granted to the remand prisoner if the person is suspected of a crime punishable with life imprisonment.

BACKGROUND TO THE STUDY

The Cameroonian legal system like those of other African countries originated from their colonial masters. It is worth noting that the Cameroonian legal systems unique. That is, it consists of two distinct and often conflicting legal systems which are; The English Common law system and the French civil law system. The legal system of Cameroon evolved following three colonial periods namely; the pre colonial, colonial and the post colonial independent periods. By 1968, two federal law reforms were created to draw up the penal code, criminal procedure code and labor code amongst others. During this period, laws governing French Cameroon were not the same with English Cameroon.

In 1972[3], the unitary constitution was adopted and it brought two different laws under two legal systems.

Remand in custody was an integral part of this unitary constitution. According to chapter 4[4] of the Cameroonian Criminal Procedure code, Section 218 to 221 lays down the procedure and duration for remand in custody. Remand in custody shall be necessary to maintain public order, protection of lives, properties or to ensure the appearance of an accused before the examining magistrate or court.

STATEMENT OF THE PROBLEM.