No.2 2016 28 New section inserted in Part IX of Cap. 9:07 The principal Act is amended by the insertion in Part L\ before section 116 of the following section"115C Compelling reasons for denying bail and burden of proof in bail proceedings (1) In any application, petition, motion, appeal, review or other proceeding before a court in which the grant or denial of bail or the legality of the grant or denial of bail is in issue, the grounds specified in section 117(2), being grounds upon which a court may find that it is in the interests of justice that an accused should be detained in custody until he or she is dealt with in accordance \\ ith the law, are to be considered as compelling reasons for the denial of bail by a court. (2) Where an accused person \Vho is in custody in respect of an offence applies to be admitted to bail(a) before a court has convicted him or her of the offence(i) the prosecution shall bear the burden of shcming, on a balance of probabilities, that there are compelling reasons justifying his or her continued detention, unless the offence in question is one specified in the Third Schedule; (ii) the accused person shall, if the offence in question is one specified inA. Part I of the Third Schedule, bear the burden of showing, on a balance of probabilities, that it is in the interests of justice for him or her to be released on bail, unless the court determines that_ in relation to any specific allegation made by the prosecution, the prosecution shall heart hat burden: B. Part II of the Third Schedule, bear the burden of showing, on a balance of probabilities, that exceptional circumstances ex.ist which in the interests of justice permit his or her release on bail; (b) 29 after he or she has been convicted of the offence, he or she shall hear the burden of showing, on a balance of probabilities, that it is in the interests of justice for him or her to be released on bail.". Amendment of section 121 of Cap. 9:07 Section 121 ("Appeals against decisions regarding bail") of the principal .\ct is amended(a) by the repeal of subsection (I) and the substitution of"( I) Subject to this section, where a judge or magistrate has admitted or refused to admit a person to bail(a) the Prosecutor--General or the public prosecutor, within forty-eight hours of the decision; or (h) the person concerned, at any time; may appeal against the admission to or refusal to bail or the amount fixed as bail or any conditions imposed in connection with bail."; 52