Criminal law reform and human rights in African and muslim countries with particular reference to Sudan

This chapter examines the Sudanese legal framework relating to arrest and detention, in particular the Criminal Procedure Act of 1991 (SCPA) and the National Security Act of 2010 (NSA). The exercise of the powers of arrest and detention are critical features of any criminal justice system. The legal protection is inadequate, falling short of international requirements and constituting a step backward within the Sudanese legal system. Article 29 of the Bill of Rights does not recognize the prohibition of arbitrary arrest and detention. According to Sudanese Law, bail denotes the pledge to pay a certain amount of money to the court by a surety in case he or she fails to ensure his or her appearance at trial. A detainee should be released on bail unless his or her continued detention is necessary based on specific, circumscribed grounds, such as the preservation of evidence, the risk of failing to appear for trial and/or the danger of committing further crimes.