Article 69

The Court shall, where the arrested person has been charged with a Petty Offence, order his release upon his own undertaking, without conditions, unless the prosecutor shows that the arrested person should be detained or released only upon conditions.

The Court shall, where an arrested person:

has been charged with a Serious Offence;

has committed the offence charged while released awaiting trial for another offence, or on conditional release; or

is not ordinarily a resident of Eritrea and is charged with a Class 1 or 2 Petty Offence,

If the Court determines that the arrested person shall be released only with conditions or upon conditions, it shall impose one or more of the conditions set forth in Article 70 (1) (a) through (h).

Where the Court orders an arrested person’s release pursuant to this Article, it shall include, in the record, the reasons for making such an order.

The Court shall deny an application for pre-trial release only where it determines that the arrested person, if set at liberty:

is unlikely to appear in Court;

is likely to commit other offences;

is likely to interfere with witnesses or tamper with evidence;

is unlikely to comply with restrictions or conditions imposed by the Court; or

is likely to endanger the safety of any person or the public.