A chief magistrate and a magistrate grade I are competent to issue a warrant of arrest to prevent a breach of the peace or disturbance of the public tranquillity when the wrongful act cannot be prevented otherwise than by detaining the person in custody.
A police officer who has reasonable cause to believe that the arrest and detention of a person is necessary to prevent an offence may arrest that person.
Legislation:
Depending on the situation different persons can be competent to make an arrest.
Magistrate
At any time any magistrate may arrest or direct the arrest of any person in her/his presence. The magistrate must be competent at the time of the arrest, and the arrest must occur within the local limits of her/his jurisdiction.
Police officer
A warrant of arrest may be directed to one or more police officers or chiefs named in it or generally to all police officers or chiefs.
Private person
A warrant can be directed to any person if its immediate execution is necessary and no police officer or chief is immediately available (section 58 sub.2 of the Magistrates courts act).
Police officer
Any police officer may – without an order from a magistrate and without a warrant – arrest any person who:
The person arrested shall be brought – without unnecessary delay – before a magistrate having jurisdiction in the case or a police officer in charge of a police station. However it should be noticed that the Ugandan law does not define “unnecessary delay”.
Officer in charge of a police station
Any officer in charge of a police station may – without an order from a magistrate and without a warrant – arrest or cause to be arrested:
Officers in charge of police stations shall report to the nearest magistrate within 48 hours the cases of all persons arrested without warrant within the limits of their respective stations, whether the persons have been admitted to bail or otherwise.
A police officer on arresting a suspect without a warrant shall produce the suspect before a magistrate’s court within 48 hours, unless earlier released on bond.
Private person
Any private person may arrest any person:
An owner of the property or her/his servants or person she/he authorized may arrest – without a warrant – a person found committing an offence involving injury to her/his property .
The private person shall – without unnecessary delay – bring the person arrested before a police officer, or in the absence of a police officer to the nearest police station. If there is no sufficient reason to believe that the person arrested has committed any offence, she/he shall be released immediately.
Legislation:
For more informations:
Arrest refers to the act of apprehending a person in response to an alleged commission of an offence. It is an exercise of the legal authority to deprive a person of her/his liberty.
The police officer or any other person making an arrest shall actually touch or confine the body of the person arrested, unless there is a submission to the custody by word or action.
A judicial arrest may occur:
Legislation:
A person is arrested to be brought before a court:
Criminal proceedings can be instituted by three possibilities:
A private person complaint may be made orally (and then reduced into writing by the magistrate) or in writing signed by the complainant to a magistrate who investigates on the presumed criminal offence. The magistrate will then confirm or infirm after considering prima facie that the offence is not frivolous or vexatious. To make her/his decision the magistrate consult the local chief of the area to be assured of the truthfulness of the complaint, except if the complaint is supported by a letter from the local chief.
The court may issue a warrant for the apprehension of a person against whom a charge has been preferred. The purpose of the arrest is to answer to the charge mentioned in the warrant.
The warrant of arrest shall:
The 1994 Police act is less accurate than the 1950 Criminal procedure act.
According to the 1994 Police act, a police officer may arrest – without a court order and without a warrant – any person whom she/he has reasonable reason to suspect that has committed or will commit an offense. In contrast, the 1950 Criminal procedure act lists different grounds to arrest a person without warrant.
Police officer
Any police officer may – without an order from a magistrate and without a warrant – arrest any person who:
Officer in charge of a police station
Any officer in charge of a police station may – without an order from a magistrate and without a warrant – arrest or cause to be arrested:
An officer in charge of a police station may discharge a person arrested without a warrant – after due police inquiry – when insufficient evidence is disclosed on which to proceed with a charge.
Person in charge of lawful custody
The person in charge of lawful custody of a person arrested may rearrest that escaped or rescued person from her/his custody.
Private person
Any private person may arrest any person:
An owner of the property or her/his servants or person she/he authorized may arrest – without a warrant – a person found committing an offence involving injury to her/his property (section 15 of the Criminal procedure code act).
Legislation:
For more informations:
When the person shows cause in court why she/he should not be ordered to execute a bond, the magistrate shall make an order in writing setting forth:
If that person is not present in court, the magistrate shall issue a summons requiring that person to appear.
If there is reason to fear the commission of a breach of the peace that cannot be prevented otherwise than by the arrest of that person, the magistrate may issue a warrant of arrest against that person.
A person arrested as preventive action shall be released when:
Legislation:
The Ugandan law establishes an arrest as preventive action to prevent an offence before it is committed. It is also called “prevention of offences”.
The point is to prevent someone to cause an offence, or to commit a breach of the peace or to disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity.
Legislation: