OpenCharities

This text was generated using OCR and may contain errors. Check the original PDF to see the document submitted to the regulator.

2025-03-31-accounts

Malawi Bail Project Annual Report

Report and financial statements For the year ended 31 March 2025

CONTENTS

Reference and Administrative Information……………………………………………….2 A Note from our Founder………………………………………………………………..3 Structure, Governance and Management…………………………………………………4 Risk Management…………………………………………………...…………………….5 Objectives and Activities for the Public Benefit…………………………………………..5 A Review of our Achievements and Performance………………………………………...8 Fundraising…..…………………………………………………………………………...9 Plans for the Future……………………………………………………………………...10 Declaration………………………………………………………………………………11 Treasurers Report ……………………………………………………………………... 13 Statement of Financial Activities for the year ending 31 March 2025…………………….14 Notes to the accounts ………………………………………………………………...15-19

1

REFERENCE AND ADMINISTRATIVE INFORMATION

Trustees

Ms C Mackenzie, Chair of Trustees Ms I Butler, Deputy Chair Ms A Walker Mr M Hynds

(appointed 07/02/2018) (appointed 07/02/2018) (appointed 07/02/2018) (appointed 27/09/2021)

Key Management Personnel

Charlotte Mackenzie, Founder and Director

Treasurer

Michael Hynds Charity Number 1177119 Country of Registration England & Wales

Charity Principal Registered address

Allen House 1 Westmead Road Sutton Surrey SM1 4LA

Accountants

Turpin Barker Armstrong 1 Westmead Road Sutton Surrey SM1 4LA

Bank

CAF Bank Ltd 25 Kings Hill Avenue Kings Hill West Malling Kent ME19 4JQ

Website

www.malawibailproject.com

E-mail

malawibailproject@gmail.com

2

A NOTE FROM OUR FOUNDER

As this year comes to a close, I want to extend my heartfelt thanks to each of you for standing with the Malawi Bail Project. Your generosity and belief in our mission have meant more than ever in what has been a particularly challenging fundraising environment.

Despite these difficulties, your support has enabled us to continue delivering real, tangible impact. This year alone, we educated over 2,400 people on their bail rights , empowering individuals, families, and communities with critical legal knowledge. For many, this information is the difference between prolonged, unnecessary detention and the chance to return home, work, and care for their loved ones while awaiting trial.

This work is not easy, and it is not done alone. It is made possible by the dedication of our partners at CHREAA, the trust of the communities we serve, the cooperation of the police and stakeholders in the criminal justice system in Malawi, and the generosity of our supporters who believe in dignity, fairness, and the rule of law.

On behalf of our team and the communities we serve, thank you for your continued support.

Charlotte Mackenzie Founder & Director

3

REPORT OF THE TRUSTEES

The trustees present their annual report and accounts of the charity for the year ended 31[st ] March 2025 in accordance with Charities (Accounts and Reports) Regulations 2008 and the Statement of Recommended Practice (SORP) 2005.

STRUCTURE, GOVERNANCE AND MANAGEMENT

MBP is a registered Charitable Incorporated Organisation (CIO), charity number 1177119, and is governed by a Constitution dated 7[th] February 2018.

The Director, Charlotte Mackenzie, is responsible for the day to day operations of the Charity. Currently our project activities are carried out in Malawi by paralegals employed by our partner CHREAA. CHREAA has been in operation since 2006 and its paralegals have vast experience of working with the poor and vulnerable in Malawi, and in advising members of the public on their basic legal rights and access to justice issues. The in-country team currently working on MBP activities are:

Siphiwe Maliherah , Project Supervisor

Siphiwe has been with CHREAA since its inception in 2006 and was one of the founding paralegals. He has been the Project Supervisor for the Bail Project since we started in 2012.

Kondwani Banda , Community Paralegal

Kondwani has been working for CHREAA as a paralegal and human rights defender for 7 years. He holds a Bachelors Degree in Business Administration and an Associate Degree in Legal Studies. His day to day work includes promoting access to justice through holding Paralegal Clinics (PLC) at prisons, police stations and courts to advise and assist those who cannot afford/cannot access a lawyer.

Boxten Kudziwe , Community Paralegal

Boxten spent seven years in prison on remand before being acquitted. Following his release, he went to Mpemba Staff Development College to commence his paralegal studies. He then joined CHREAA and has been working under Malawi Bail Project since 2014. He is passionate about human rights and hopes to one day become a lawyer and fight for the rights of the voiceless. He currently heads up the bail project’s Mwanza office.

4

Kesten Nyson , Community Paralegal

Kesten has been working for CHREAA as a paralegal since 2022. He is based at the CHREAA head office in Blantyre. He is experienced in advising and assisting detainees at prisons, police stations and courts to access justice.

MBP’s relationship with CHREAA is governed by a Memorandum of Understanding (‘MOU’), updated in August 2023.

Recruitment and appointment of new Trustees

The trustees who held office during the financial year and at the date of this report are set out in the Reference and Administrative detail. Apart from the first charity trustees, every appointed trustee must be appointed for a term of three years by a resolution passed at a properly convened meeting of the charity trustees. In selecting individuals for appointment as appointed charity trustees, the charity trustees have regard to the skills, knowledge and experience needed for the effective administration of the CIO. New trustees are appointed after interview, having applied to adverts or as a result of nomination by other members of the board or recruiting firm. Their appointment is approved by a vote of the whole board.

All trustees give of their time freely and no trustee remuneration was paid in the year. Trustees are required to disclose all relevant interests and withdraw from decisions where a conflict of interest arises. The Board meet for an in-person meeting at least once a year, with telephone meetings quarterly, and receive regular updates from the Founder and Director.

OBJECTIVES AND ACTIVITIES FOR THE PUBLIC BENEFIT

The objectives of the charity as set out in our governing document are as follows:

1. The promotion of the sound administration of the law for the public benefit by:

(a) Educating the public in particular those persons detained in police custody and on remand in prison on their basic legal rights;

(b) Providing, organising or facilitating legal advice or assistance (by way of representation or otherwise) which is free of charge (that is, otherwise than for or in expectation of a fee, gain or reward) to those persons in need who cannot otherwise afford legal representation;

2. The promotion of the rehabilitation of ex-offenders including by supporting their reintegration into their home communities.

5

MBP achieves these objectives by making grants to organisations in Malawi who carry out the following activities, focusing on 4 stages of intervention:

Stage 1 Pre-arrest
Aim: Community education on basic legal rights and raising general awareness
about the right to bail.
Activity: MBP partner organisation Nkhokwe Arts Group (NAG) are a group of
ex-prisoners using theatre to educate local communities about the right to
bail and how to apply for it, in an engaging and accessible way. MBP fund
NAG to perform a play about bail and the consequences of crime to
communities across the Southern Region of Malawi.
Stage 2 Post arrest/detention
Aim: Legal empowerment through self-representation.
Increase in bail applications, made and granted, both police bail and court
bail.
Activity: Distribution of ‘Understanding Your Right to Bail’ booklets/posters to
magistrates’ courts and police stations. The topics covered in the booklets
include: the layout of the court and the role of the magistrate and police
prosecutor; the meaning of bail, when and how to ask for bail; how to
respond to police objections; bail conditions and surety; and
consequences of not adhering to bail conditions.
Installation of speaker systems at police/court holding cells to play
recorded audiotapes which explain how and when to apply for bail.
Provision of a toll-free 24/7 Paralegal Advice Line for detainees and
family members of those arrested to receive practical advice.
Paralegal Aid Clinics, where paralegals attend police stations and court
holding cells and provide free legal advice and assistance.
Delivery of separate training and discussion groups with magistrates and
police officers to explore ways of making the justice system more
accessible for the poor and unrepresented.
Stage 3 During detention
Aim: Provision of legal advice and assistance.
Increasing access to justice.
Activity: Funding and facilitation of Paralegal prison visits and ‘Camp Courts’: these
are special court sessions where judges are brought to the prison to consider
bail applications from those charged with minor offences, those whose
remand warrants have expired or where the accused is particularly
vulnerable. Camp Courts are a cost effective, time efficient way to
decongest prisons. Each Camp Court hears, on average, between 15 and 20
bail applications and usually 10-15 of these applications are successful.

6

Stage 4 Post-release

Aim: Rehabilitation and reintegration of ex-prisoners

Activity: Creating employment opportunities for ex-prisoners through funding of Nkhokwe Arts Group (NAG) performers and funding peer-to-peer mentoring workshop sessions.

The trustees have referred to the guidance contained in the Charity Commission’s general guidance on public benefit when reviewing our aims and objectives and in planning future activities and considering the grant making policy for the year.

7

A REVIEW OF OUR ACHIEVEMENTS AND PERFORMANCE

The trustees are pleased that the achievements of MBP continue to demonstrate real progress towards our aims and objectives and continue to promote the sound administration of the law for the public benefit.

Key Achievements in y/e March 2025

This year marked a period of meaningful progress for the Malawi Bail Project, even as we operated in a challenging funding and justice environment. Our work continued to focus on practical legal empowerment, system change, and strengthening relationships across the criminal justice sector.

A major achievement was the update of our Bail Booklet, ensuring that communities and justice actors had access to clear, accurate, and up-to-date practical information on bail rights and procedures. Access to this material had a direct and measurable impact: 99% of people who had access to our bail booklets applied for bail, demonstrating the power of information in enabling individuals to assert their rights.

Six months after the completion of training (funded by ROLE), the Malawi Bail Project conducted monitoring and evaluation questionnaires and visits with participating police officers to assess the retention, application, and impact of the training on day-to-day practice. The responses indicate strong and sustained positive outcomes. Overall, officers demonstrated a clear understanding of bail principles and procedures, with most reporting increased confidence in handling bail-related matters. The findings confirm that our training is translating into real changes in practice, particularly:

Relationship-building remained a core strategic focus this year, especially our engagement with the police. Strengthened cooperation has helped improve understanding of bail rights and contributed to more constructive decision-making at the early stages of the justice process.

Outcomes in Mwanza were especially encouraging. 100% of individuals who had access to our bail booklets and applied for bail were granted bail. All cases involved petty, non-violent offences such as idle and disorderly conduct, illegal vending, and touting, with the majority linked to poverty-related circumstances. These results underscore how access to legal information can prevent unnecessary detention for minor offences.

Between July and September 2024, we conducted 73 Police Legal Clinics (PLCs). On average, around 200 people per week had sight of bail materials or directly benefited from PLC activities, significantly expanding community-level access to bail information. Together, these achievements demonstrate sustained progress toward a fairer bail system, where knowledge, collaboration, and evidence-based practice reduce unnecessary detention and improve access to justice across Malawi.

8

Beneficiaries

The direct beneficiaries of our activities are arrested or detained persons in Malawi. However, the prison population as a whole also directly benefits from the projects, as a consequence of our activities is alleviation of overcrowding in prisons and police stations across Malawi. In turn, this benefits Malawian society as a whole as the bailed suspects are able to participate in community development activities. Ultimately by ensuring arrested persons have access to justice, the rule of law is strengthened and by strengthening the rule of law, we protect the rights of all people, advance inclusiveness, and limit the arbitrary exercise of power, which are the cornerstones of modern democracy.

Further beneficiaries include the dependents of those being held on remand. The majority of people arrested in the Southern Region of Malawi are men between the age of 18 – 30 years. Men are still the main income providers across Malawi, and there are limited employment opportunities for women from poor backgrounds. Pre-trial detention often has a significant, detrimental impact on the economic wellbeing on the dependent women and children, who may struggle to find another source of income or may have to drop out of education in order to find work.

One of the beneficiaries of our activities this year is Daniel. Daniel spent more than 20 days in police custody without a single recorded statement. When CHREAA paralegals arrived at Bangwe Police Station to conduct a bail education clinic, Daniel approached them and shared his experience. He explained that he had been arrested by officers from Limbe Market Police. At the time of his arrest, he was not informed of the reason. He was later transferred to Limbe Police Station, where he was only verbally told that he was suspected of theft. Despite being in custody for over 20 days, the police did not record a statement from him, nor did they refer his case to court. CHREAA paralegals encouraged him to use what he had learned during the session to explain his situation to the magistrate. When given the opportunity in court, Daniel narrated his experience, prompting the magistrate to release him immediately. The magistrate noted several violations by the police, including failure to inform him of the charges, failure to record a statement, and breach of the 48-hour rule, which requires that a suspect be taken to court or granted police bail with that timeframe. Due to these violations, the magistrate ordered that Daniel be released immediately and unconditionally.

This case highlights why the Malawi Bail Project’s work is so important. When people understand their rights and justice actors are trained to uphold them, freedom becomes the norm rather than the exception.

9

GRANTEE SELECTION POLICY

MBP has so far only made grants to one organisation (CHREAA), who currently carry out our activities on the ground. The Trustees have established a non-exhaustive list of criteria for pregrant selection. To be awarded a grant by MBP, the organisation should:

RESERVES POLICY

It is the policy of the Charity that unrestricted funds be maintained, wherever possible, at a level of at least £500. The Trustees consider that reserves at this level will ensure that, in the event of a significant drop in funding, they will be able to continue fund the Charity’s key basic activities while consideration is given to ways in which additional funds may be raised.

FUNDRAISING

MBP’s approach to fundraising is largely focused on Trusts and Foundations, does not use professional fundraisers or commercial participators. The charity’s principal source of funds for this financial year has been from Private donors (both one off and monthly donations) and as set out in our financial statements below.

PLANS FOR THE FUTURE

In 2025/26 we will continue to seek to secure further funding, so that MBP can continue to fund CHREAA to maintain its key project activities, which include distributing bail education booklets, maintaining the toll-free paralegal advice line, and facilitating camp courts. We will aim to secure further longer-term grants to ensure the longevity of existing key project activities at CHREAA.

MBP will seek to raise its profile, in order to raise awareness about project activities and increase private donations through articles, podcasts and social media.

10

DECLARATION

The trustees declare that they have approved the trustees’ report above.

Signed on behalf of the charity’s trustees/directors

Full name: Charlotte Mackenzie

Position: Trustee/Founder & Project Director

Date: 27/01/2026

Signature:

Full name: Isobel Butler

Position: Trustee/Deputy Chair

Date: 27/01/2026

Signature:

11

Treasurer’s report

Total income in the year to 31 March 2025 decreased in what continues to be a very challenging fundraising environment. The charity did not receive any grant funding during the year.

As always, Malawi Bail Project remains grateful to the small, loyal group of faithful, committed regular donors, and to those people who donate generously, although less frequently.

Malawi Bail Project is delighted to have made two payments totalling £5,320 net of transaction charges (2024: £3,075), to its local implementing partner in Malawi, Centre for Human Rights, Education, Advice and Assistance (CHREAA), using funds retained from the year ended 31 March 2024, and income generated during the financial year ended 31 March 2025.

In the period since 31 March 2025, the charity identified a number of prospective grant making trusts and institutions. At the time of reporting, a number of grant applications have been submitted, and further opportunities are being investigated.

Reserves policy

Malawi Bail Project plans to keep some unrestricted reserves aside to cover three months’ operating costs, currently estimated to be less than £500. As at 31 March 2025, the charity had £3,563 of unrestricted reserves, all of which was cash at bank. This level of reserves also enabled the charity to make a further payment to CHREAA after the financial year end.

Michael Hynds, FCA CIA CMIIA MA

Treasurer and Trustee, Malawi Bail Project

November 2025

12

Statement of trustees’ responsibilities in respect of the trustees’ annual report and accounts

Under charity law, the trustees are responsible for preparing the trustees’ annual report and accounts for each financial year which show a true and fair view of the state of affairs of the charity and of the excess (or deficit) of expenditure over income for that period.

In preparing these financial statements, generally accepted accounting practice requires that the trustees:

The trustees are required to act in accordance with the constitution and the rules of the charity, within the framework of charity law. The trustees are responsible for keeping proper accounting records, sufficient to disclose at any time, with reasonable accuracy, the financial position of the charity at that time, and to enable the trustee to ensure that, where any statements of accounts are prepared by the trustee under section 132(1) of the Charities Act 2011, those statements of accounts comply with the requirements of regulations under that provision.

The trustees have general responsibility for taking such steps as are reasonably open to the trustees to safeguard the assets of the charity and to prevent and detect fraud and other irregularities.

Signed on behalf of the trustees:

Charlotte Mackenzie

November 2025

13

Malawi Bail Project

Statement of Financial Activities for the year ending 31 March 2025

Note Unrestricted
funds
Restricted
funds
Total
funds
Total
funds
2025 2025 2025 2024
£ £ £ £
Income from:
Grantsand donations 3 2,212 - 2,212 6,526
Bank interest 8 - 8 3
Total incoming resources 2,220 - 2,220 6,529
Expenditure on:
Raisingfunds - - - -
Charitable activities 4 5,320 - 5,320 3,075
Support costs 5 90 90 60
Totalexpenditure 5,410 - 5,410 3,135
Net income / (expenditure) (3,190) - (3,190) 3,394
Transfers between funds - - - -
Net movement in funds (3,190) - (3,190) 3,394
Reconciliation of funds
Total funds brought forward 9 6,753 - 6,753 3,359
Total funds carried forward 3,563 - 3,563 6,753

Balance sheet as at 31 March 2025

Note Unrestricted
funds
Restricted
funds
Total
funds
Total
funds
2025 2025 2025 2024
£ £ £ £
Current assets
Cash and cashequivalents 10 3,563 - 6,753 6,753
Total net assets / (liabilities) 3,563 - 6,753 6,753
The funds of the charity:
Unrestrictedincomefunds 3,563 - 6,753 6,753
Totalcharity funds 3,563 - 6,753 6,753

The notes at pages 15 to 19 form part of these financial statements signed on behalf of the charity by Charlotte Mackenzie, Director, Malawi Bail Project.

November 2025

14

Notes to the accounts

1. Accounting policies

(a) Basis of preparation

The financial statements have been prepared under the historical cost convention, with the exception of investments which are included at fair value. The accounts financial statements have been prepared in accordance with the Statement of Recommended Practice: Accounting and Reporting by Charities preparing their accounts in accordance with the Financial Reporting Standard applicable in the UK and Republic of Ireland (FRS 102) issued in October 2019 and the Financial Reporting Standard applicable in the United Kingdom and Republic of Ireland (FRS 102) and the Charities Act 2011 and UK Generally Accepted Practice as it applies from 1 January 2019.

The financial statements have been prepared to give a ‘true and fair’ view and have departed from the Charities (Accounts and Reports) Regulations 2008 only to the extent required to provide a ‘true and fair view’. This departure has involved following Accounting and Reporting by Charities preparing their accounts in accordance with the Financial Reporting Standard applicable in the UK and Republic of Ireland (FRS 102) issued in October 2019 rather than the Accounting and Reporting by Charities: Statement of Recommended Practice effective from 1 April 2005 which has since been withdrawn.

The trustees consider that there are no material uncertainties about Malawi Bail Project’s ability to continue as a going concern. As a charity with few ongoing commitments, any potential material uncertainty will impact charitable expenditures that can be made in the short term rather than affecting the charity’s ability to continue as a going concern. There are no material uncertainties affecting the current year’s financial statements. In future years, the key risk to Malawi Bail Project is a fall in income from donations.

(b) Funds structure

Where there is a legal restriction on the purpose to which a fund may be put, the fund is classified as either a restricted fund or an endowment fund.

Restricted funds are those where the donor has provided for the donation to be spent in furtherance of a specified charitable purpose. Malawi Bail Project did not receive restricted funds during the year ended 31 March 2025.

Endowment funds arise when the donor has expressly provided that the gift is to be invested and only the income of the fund may be spent. Malawi Bail Project has not received endowment funds.

Those funds which are neither endowment nor restricted income funds, are unrestricted income funds.

15

(c) Incoming resources

All incoming resources are recognised once the charity has entitlement to the resources, it is probable (more likely than not) that the resources will be received, and the monetary value of incoming resources can be measured with sufficient reliability. Where there are terms or conditions attached to incoming resources, particularly grants, then these terms or conditions must be met before the income is recognised because the entitlement condition will not be satisfied until that point. Where terms or conditions have not been met or uncertainty exists as to whether they can be met then the relevant income is not recognised in the year but deferred and shown on the balance sheet as deferred income.

(d) Resources expended and irrecoverable VAT

All expenditure is accounted for on an accruals basis and has been classified under headings that aggregate all costs related to each category of expense shown in the Statement of Financial Activities.

Expenditure is recognised when the following criteria are met:

Irrecoverable VAT is charged against the category of resources expended for which it was incurred.

(e) Allocation of support costs

Support costs are those costs which do not relate directly to a single activity. Such typically include costs of administration, bank charges and IT support. Support costs have been apportioned between fundraising costs and charitable activities on an appropriate basis. The analysis of support costs and the bases of apportionment applied are shown in note 6.

(f) Fundraising costs

The costs of generating funds are those costs attributable to generating income for the charity, other than those costs incurred in undertaking charitable activities.

(g) Charitable activities

Costs of charitable activities comprise all costs incurred in the pursuit of the charitable objects of the charity. These costs, where not wholly attributable, are apportioned between the categories of charitable expenditure in addition to the direct costs. The total costs of each category of charitable expenditure include an apportionment of support costs as shown in note 5.

16

(h) Cash and cash equivalents

Cash at bank and in hand is held to meet the day to day running costs of the charity as they fall due. Cash equivalents are short term, highly liquid investments, usually in instant access current accounts.

(i) Realised gains and losses

All gains and losses are taken to the Statement of Financial Activities as they arise.

2. Related party transactions

Ms Mackenzie made some unrestricted donations to the charity on the same basis as all other donations.

None of the members of the Malawi Bail Project board or parties related to them received any benefit from the charity in payment or kind. Board members received no honoraria or emoluments in the year and expenses paid to them are disclosed in note 6.

3. Income from donations

Donations from individuals comprise financial gifts from members of the public. Grants are amounts received in cash from grant-making foundations and institutions.

Unrestricted
funds
Restricted
funds
Total funds Total funds
2025 2025 2025 2024
£ £ £ £
Income from:
Donations from individuals 2,212 - 2,212 3,526
Grants - - - 3,000
Total 2,212 - 2,212 6,526

4. Analysis of charitable expenditure

The charity did not undertake any direct charitable activities on its own account during the year. All of the charitable expenditure was in the form of three payments made to the charity’s local implementing partner in Malawi, Centre for Human Rights, Education, Advice and Assistance (CHREAA).

Unrestricted
funds
Restricted
funds
Total funds Total funds
2025 2025 2025 2024
£ £ £ £
Charitable activities:
Paymentsmadeto CHREAA 5,320 - 5,320 3,075
Total 5,320 - 5,320 3,075

17

5. Allocation and analysis of support costs and overheads

Support and overhead costs are allocated between fundraising activities and charitable activities. Governance costs are those support costs which relate to the strategic and day to day management of a charity.

Bank charges, including those incurred in sending grants to CHREAA and to maintain the Charity’s current account are as follows:

Unrestricted
funds
Restricted
funds
Total funds Total funds
2025 2025 2025 2024
£ £ £ £
Supportcosts:
Bank charges 90 - 90 60
Total 90 - 90 60

6. Trustee remuneration, benefits and expenses

Members of Malawi Bail Project board give their time freely and receive no remuneration for the work that they undertake in relation to Malawi Bail Project. However, they can claim expenses to reimburse them for costs that they incur in fulfilling their duties relating to Malawi Bail Project – these include travelling specifically for board meetings and charity specific training events.

No expenses were incurred by trustees in fulfilment of charity business (2024: £nil).

7. Analysis of staff costs and remuneration of key management personnel

Malawi Bail Project did not have any employees during the financial year (2024: nil).

8. Independent examiner’s remuneration

The independent examiner provides independent examination services in connection with the charity’s annual financial statements on a pro bono basis (2024: £nil).

18

9. Analysis of unrestricted funds movements

Funds
brought
forward on
1 April
Income Expenditure Transfers Gains and
losses
Fund
balance
carried
forward at
31 March
£ £ £ £ £ £
2025
General fund 6,753 2,220 (5,410) - - 3,563
2024
General fund 3,359 6,529 (3,135) - - 6,753

10. Analysis of cash and cash equivalents

Unrestricted
funds
Restricted
funds
Total funds Total funds
2025 2025 2025 2024
£ £ £ £
Cash and cash equivalents
Cash atbank 3,563 - 3,563 3,753
Cash in hand - - - 3,000
Total 3,563 - 3,563 6,753

Cash at bank held in an interest-earning current account maintained in the United Kingdom with CAF Bank. No cash or cash equivalents or current asset investments were held in noncash investments or outside of the United Kingdom. All of the amounts held are available to spend on charitable activities.

19