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WHAT HAPPENS IF THE CASE FILE IS NOT READY?.


📷: Unsplash.

Kitty K spent her weekend crying and praying because Scojul her boyfriend got arrested on Friday. You see on Friday night, Scojul and his friends were seated at a bar watching football when chaos broke out. Out of the blue, bottles were flying and people were running out of the bar. Someone with blood on their hands even collided with Scojul and heard people screaming ''bamuuse!!!'', (they have killed him!)

In that chaos, Scojul froze and when police came in, they just arrested him and his friends who were told that they were now the suspects in the murder of the Bartender. Kitty K tried to visit them on the weekend but the police officer told her that "those suspects" would be in court on Monday and she would find them there. 

By 6 am on Monday, Kitty K was at court waiting to see if her boyfriend 'who wouldn't hurt a fly' would be released. Instead, he was brought to court, the 'judge' asked if the case file was ready and when it was not ready, Scojul was sent to prison immediately.

Kitty Kat is confused because her boyfriend has been taken straight to prison and not even had a chance to explain his side of what happened. What is going on!!

WHAT DOES THE LAW SAY?

When a person is arrested and taken to court to answer for a crime, one of two things will happen once they get into court.

You will be asked if you did or did not do what you are accused of. If you say that you, did it, then the case will be closed and you will be punished. If you deny it, then the case must go on. 

At this point, the court will find out if the police have finished its investigations and if the government lawyer who will prove that you did something wrong is ready to start the case. If these people are ready, the court may ask you if you are innocent or guilty and then the court will begin hearing your case. 

However, if these people need more time to be ready with the files or to start formally proving that you committed this crime, then the court may set a date for you to be brought to court to get an update on the preparations for your case. This update/ court session is called a mention.

This mention gives the court official on behalf of the government (he/she is called a prosecutor) time to get ready to start the case, or the police may need to carry out some more investigations before they can decide if they can start the case.
 
It does not mean you are being punished, but it means the court is giving the other side (prosecution) time to get their evidence in order before the case begins. 
This means that a single case can have 'many mentions' before the actual hearing of the case begins and you may be sent to prison to wait.
 
One way to avoid being taken to prison if your case is not ready to be heard by the court is to ask the court for bail. (Look for our post for more on this bail). In short bail means being released until the court decides your case on condition you come to court when its time to hear.your case.

Source; BarefootLawyers.

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