Monday, 10 Feb 2020 03:54 PM MYT
Non-bailable offences are offences where bail is at the discretion of the court. The accused has no right to be released on bail. Nonetheless, he may be released on bail if the court so exercises its discretion. These are the more serious offences. When the controversial Security Offences Act was passed into law in 2012, offences relating to terrorism, among others, were included in the First Schedule of Sosma, thereby making such offences as ‘security offences’ under Sosma.
Lawyers will tell you that a High Court judge is not bound by the decision of another High Court judge. However, the judge may do so as a matter of judicial comity, that is, out of deference and respect.
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