Oeganda -

Under the Ugandan law the only alternative to pre-trial detention is a release on bail. The authorities competent for an alternative to detention are the same as a release on bail.

Under the Ugandan law the only alternative to pre-trial detention is a release on bail. Thus the grounds for a release on bail apply for an alternative to detention.

A person arrested is entitled to apply to the court to be released on the conditions considered reasonable by the court. Indeed, under the Ugandan law the only alternative to pre-trial detention is the release on bail.

Legislation:

• Section 23 subsection 6 of the Constitution

A magistrate’s court – before which a person arrested appears or is brought – is competent to release on bail that person.

A chief magistrate – within the area of jurisdiction – is competent to release on bail a person to whom bail has been refused by a lower court.

The High Court is competent to release on bail a person to whom bail has been refused by the magistrate’s court.

The prosecutor is competent to release a person – with the consent of the court or on the instructions of the Director of Public Prosecutions – as a result to withdraw from the prosecution of that person.

The Uganda Human Rights Commission is competent to release a person when it concludes there has been an infringement of a human right of that person.

Legislation:

• Section 53 of the Constitution
• Section 75 sub.1 of the Magistrates court act
• Section 75 sub.3 of the Magistrates court act
• Section 75 sub.4 of the Magistrates court act
• Section 121 of the Magistrates court act

Release on bail

When a person arrested appears before a magistrate’s court – charged with an offence for which bail may be granted – the court shall inform the person of the right to apply for bail.

A magistrate’s court – before which a person accused appears or is brought – may at any stage in the criminal proceedings release that person on bail if she/he is:

• not charged with a offence specified by the Magistrates court act (the offences excluded from the grant of bail include act of terrorism, cattle rustling, corruption, murder, rape; and treason);
• ready and willing to give bail to the satisfaction of the magistrate.

In deciding to grant or refused the release on bail, the magistrate’s court shall in addition have regard to:

1. the nature, gravity and severity of the punishment of the offence;
2. the antecedents of the person to be released;
3. whether the person to be released has a residence within the area of the court’s jurisdiction;
4. whether the person to be released is likely to interfere with a witness or evidence.

Withdrawal from prosecution

The prosecutor may withdraw the charges of any person:

• in any proceeding before a magistrate’s court;
• at any time before judgment is pronounced;
• with the consent of the court or on the instructions of the Director of Public Prosecutions.

If it is made:

• before the accused person is called upon to make her/his defence, he/she shall be discharged;
• after the accused person is called upon to make her/his defence, he/she shall be acquitted.

Violation of any human right

After investigate and conclude to an infringement of a human right – at its own initiative or on a complaint made by any person or group of persons – the Uganda Human Rights Commission may order the release of a detained or restricted person. On the other hand, any person or authority dissatisfied with that order has a right to appeal to the High Court.

Legislation:

• Section 51 of the Constitution
• Section 52 of the Constitution
• Section 63 of the Constitution
• Section 75 subsection 2 of the Magistrates court act
• Section 77 of the Magistrates court act
• Section 121 of the Magistrates court act

Under the Ugandan law a release refers to “a release on bail” which consists in taking from the person to be release a bond:

• with or without sureties;
• for an amount depending on the circumstances of the case;
• to be at a place, date and time named in it.

• Section 75 of the Magistrates court act

The Uganda Human Rights Commission

Any person – who claims that a human right or a right guaranteed under the Ugandan Constitution has been infringed or threatened – is entitled to apply for redress which may include compensation. The Uganda Human Rights Commission is competent to investigate – at its own initiative or on a complaint made by any person or group of persons – against the violation of any human right.

If that commission concludes that there has been an infringement of a human right, it may order:

• the release of a detained or restricted person;
• payment of compensation;
• any other legal remedy or redress.

Moreover a person or authority dissatisfied with the decision made by the commission has a right to appeal to the High Court.

The High Court

The High Court may award a writ of habeas corpus ad subjiciendum to the person in whose custody the person deprived of liberty is:

• at any time;
• upon complaint being made to the High Court;
• if there are reasonable grounds for the complaint.

On the other hand, any person aggrieved by an order made under section 34 may appeal from the decision to the Court of Appeal within 30 days after the making of the order appealed from whether the order has been made in the exercise of the civil or criminal jurisdiction of the High Court.

Legislation:

• Section 50 of the Constitution
• Section 51 of the Constitution
• Section 52 of the Constitution
• Section 53 subsection 2 of the Constitution
• Section 34 of the Judicature act

The Ugandan Constitution states that a person unlawfully arrested, restricted or detained shall be entitled to compensation from the person or authority responsible. Any person or organisation may bring an action against the violation of a human right or a right guaranteed under the Ugandan Constitution and apply for redress.

Warrant of arrest

• Any irregularity – in the substance or form of a warrant – shall not affect the validity of any proceedings of the case; unless the irregularity appears to deceive or misled the accused the court may – at the request of the accused – adjourn the hearing of the case and remand or admit the accused to bail.

• The statement of the offence shall respect the rules for framing of charges. A charge may be open – to objection in respect of its form or content – if it is not framed in accordance with the specific provisions stated by law.

• The person executing a warrant of arrest shall notify the substance of the warrant to the person suspected (and show the warrant if requested); and then shall bring that person before the court required without unnecessary delay.

Pre-trial detention

A pre-trial detainee has the right:

• to use an order of habeas corpus to report an unlawful detention before a court;
• to complain of detention conditions to courts.

In Opio Mark v Attorney General, the plaintiff was awarded damages for detention in a police cell for 11 days without being produced in court. In Martin Edeku v Attorney General, the plaintiff was award damages for detention beyond 48 hours and torture while in detention.

Release on bail

A magistrate’s court may release a person on bail - except in the case of an offence specified in section 75 sub.2 of the Magistrates courts act. Where bail is not granted, the court shall record the reasons and inform the applicant of the right to apply for bail to a chief magistrate or to the High Court, depending on the circumstances of the case.

• to whom bail has been refused by a lower court, a chief magistrate – within the area of jurisdiction – may direct that:
  • a person be released on bail;
  • the amount required on a bail bond be reduced.

• to whom bail has been refused by the magistrate’s court, the High Court may direct that:
  • a person be released on bail;
  • the amount required for any bail bond be reduced.

• Section 23 subsection 7 of the Constitution
• Section 23 subsection 9 of the Constitution
• Section 50 of the Constitution
• Section 61 of the Magistrates court act
• Section 64 of the Magistrates court act
• Section 75 of the Magistrates courts act
• Section 77 of the Magistrates courts act
• Section 88 of the Magistrates court act
• High Court of Uganda, HCCS 93A/89
• High Court of Uganda, Civil Suit No. 611 of 2006

• Karugonjo-Segawa (R.), Pre-trial Detention in Uganda, 2016, p.15

A person arrested, restricted or detained shall be kept in a place authorised by law and these places are to be officially gazetted by the Minister of Internal Affairs.

On the other hand, the Prison act allows a police officer or any other law enforcement officer to arrest and detain an accused person in a lock-up, but in any case for not more than 48 hours from the time of his or her arrest. A “lock-up” is a place maintained by a district or a police force, where arrested persons are temporarily detained, pending production in court .

Furthermore untried prisoners, as a person placed in pre-trial detention, shall be kept separate from convicted prisoners because they are prisoners who are presumed to be innocent.

Legislation:

• Section 23 of the Constitution
• Section 2 of the Prisons act
• Section 64 subsection 1 of the Prisons act
• Section 117 of the Prisons act

• Karugonjo-Segawa (R.), Pre-trial Detention in Uganda in conjunction with the Uganda Human Rights Commission, 2012, p.4)

The Ugandan Constitution states that a person arrested shall be released on bail:

• if that person has been remanded in custody before trial for 120 days in the case of an offence which is triable by the High Court and its subordinate court;
• if that person has been remanded in custody for 360 days before trial in the case of an offence which is triable only by the High Court.

But in Foundation for Human Rights Initiatives v. AG, 2006, the Magistrates Court Act’s restriction on period of pre-trial remand (240 days for non-capital offences and 480 for capital offences) was read down to be consistent with the Constitution.

Article 23 subsection 6 – as interpreted by the Court – limits the maximum lawful period of detention:

• for cases triable by the High Court and its subordinate courts, it is limited to 60 days;
• for cases triable only by the High Court, it is limited to 180 days.

• Article 23 subsection 6 of the Constitution
• Foundation for Human Rights Initiatives v. AG, 2006

• Avocats Sans Frontières, The problem of Lengthy Pre-Trial Detention in Uganda, 2013

Since a pre-trial detention follows the arrest unless a release on bail, the procedural safeguards for pre-trial detention refer to the procedural safeguards for a warrant of arrest.

A warrant of arrest shall:

• be issued by a magistrate’s court;
• bear the seal of the court issuing it;
• name or otherwise describe the person against whom it is issued;
• order that person to be presented before the court named in it; and
• state a description of the offence(s) with which the person is charged.

Any irregularity in the substance or form of a warrant shall not affect the validity of any proceedings of the case; unless the irregularity appears to deceive or misled the accused the court may – at the request of the accused – adjourn the hearing of the case and remand or admit the accused to bail.

The statement of the offence shall respect the rules for framing of charges. A charge may be open – to objection in respect of its form or content – if it is not framed in accordance with the specific provisions stated by law.

The person executing a warrant of arrest shall notify the substance of the warrant to the person suspected (and show the warrant if requested); and then shall bring that person before the court required without unnecessary delay.

Legislation:

• Section 56 of the Magistrates court act
• Section 61 of the Magistrates court act
• Section 64 of the Magistrates court act
• Section 85 of the Magistrates court act
• Section 88 of the Magistrates court act

A magistrate’s court – before which a person arrested and intended appears – may at any stage in the proceedings:

• direct the removal in custody of that person;
• release that person on bail or placed in pre-trial detention that person if may not be released on bail.

Indeed – according to the Ugandan law – the personal liberty is the rule and detention is the exception. Thus the grounds of a pre-trial detention are found when the grounds of a release on bail are not.

In deciding to grant or refused the release on bail, the magistrate’s court may refuse a release on bail and thus allow a pre-trial detention if:

1. the nature, gravity and severity of the punishment of the offence explain a detention;
2. the antecedents of the person to be released explain a detention;
3. the person to be released has not a residence within the area of the court’s jurisdiction;
4. the person to be released is likely to interfere with a witness or evidence.

Where bail is not granted, the court shall record the reasons and inform the applicant of the right to apply for bail to a chief magistrate or to the High Court, depending on the circumstances of the case.

Legislation:

• Section 23 of the Constitution
• Section 63 of the Magistrates court act
• Section 75 of the Magistrates court act
• Section 77 subsection 2 of the Magistrates court act
• Section 77 subsection 3 of the Magistrates courts act

For more informations:

• Ayume (F.-J.), Criminal Procedure and law in Uganda, 1986, p.43

After custody, the person arrested may be released on bail or placed in pre-trial detention.

Pre-trial detention refers to the locking up of a suspected person on criminal charges in police and/or prison before the completion of her/his trial.

Legislation:

• Section 76 of the Magistrates court act

For more informations:

• Karugonjo-Segawa (R.), Pre-Trial Detention in Uganda, 2016, p.3

A warrant of arrest shall:

• be issued by a magistrate’s court;
• bear the seal of the court issuing it;
• name or otherwise describe the person against whom it is issued;
• order that person to be presented before the court named in it;
• state a description of the offence(s) with which the person is charged.

Any irregularity in the substance or form of a warrant shall not affect the validity of any proceedings of the case; unless the irregularity appears to deceive or misled the accused the court may – at the request of the accused – adjourn the hearing of the case and remand or admit the accused to bail.

The statement of the offence shall respect the rules for framing of charges. A charge may be open – to objection in respect of its form or content – if it is not framed in accordance with the specific provisions stated by law.

The person executing a warrant of arrest shall notify the substance of the warrant to the person suspected (and show the warrant if requested); and then shall bring that person before the court required without unnecessary delay.

• Section 56 of the Magistrates court act
• Section 61 of the Magistrates court act
• Section 64 of the Magistrates court act
• Section 85 of the Magistrates court act
• Section 88 of the Magistrates court act

A warrant of arrest may be issued by a magistrate’s court and directed to police officers or any other person depending on the situation.

Legislation:

• Section 56 of the Magistrates court act

The court may issue a warrant for the apprehension of a person against whom a charge has been preferred. The warrant may be issued at any time and remain legal until it is executed or canceled by the court which has issued it.

A warrant of arrest may be issued against a person when:

• that person is suspect to have committed an offence;
• that person does not appear at the time and place appointed in a summons;
• that person does not appear at the time and place appointed in a bond.

• Section 54 of the Magistrates court act
• Section 55 subsection 1 of the Magistrates court act
• Section 56 of the Magistrates court act
• Section 57 of the Magistrates court act
• Section 66 of the Magistrates court act

• Ayume (F.-J.), Criminal Procedure and Law in Uganda, Longman Kenya Limited, 1986, p.42

A warrant of arrest is an order issued by a magistrate and bearing the seal of the court; directed to police officers or any other person; and commanding to arrest the person named in it who is accused of having committed an offense named in it.

Legislation:

• Section 42 of the Magistrates court act
• Section 58 of the Magistrates court act
• Section 56 of the Magistrates court act
• Section 2 of the Criminal procedure code act

In a language understood, a person restricted shall be informed immediately of the reasons of the nature of the offence and the right to a lawyer of her/his choice.

In addition the next-of-kin of the person restricted shall be informed as soon as possible of restriction, at the request of that person.

When a person is restricted under state of emergency that person shall:

• be informed of the grounds upon which she/he is restricted within 24 hours;
• be allowed access to a person named to inform that person of her/his restriction within 72 hours;
• be published in the Gazette and in the media stating that she/he has been restricted and the grounds of her/his restriction within 30 days.

• Section 23 subsection 3 of the Constitution
• Section 23 subsection 5 of the Constitution
• section 28 subsection 3 of the Constitution
• Section 47 of the Constitution

A person restricted shall be allowed reasonable access to a doctor and medical treatments at her/his cost.

Legislation:

• Section 23 subsection 5 of the Constitution

The Uganda law does not give information on the right to access case files during police custody, but a person arrested shall be notified of the substance of the warrant of arrest.

Legislation:

• Section 61 of the Magistrates code act

A person restricted shall be informed immediately of her/his right to a lawyer of her/his choice. In addition, she/he has the right to a reasonable access to her/his lawyer. In the case of an offence which carries a sentence of death or imprisonment for life, the person arrested has to right to counsel at the expense of the State.

An untried prisoner is allowed to apply for free legal aid and to receive visits from a legal advisor. Moreover the interviews between the untried prisoner and the legal advisor may not be within the hearing of an officer.

Legislation:

• Section 23 subsection 3 of the Constitution
• Section 23 subsection 5.b of the Constitution
• Section 28 subsection 28.e of the Constitution
• Section 64 subsection 3 of the Prison act

A person arrested, restricted or detained shall be kept in a place authorised by law and these places are to be officially gazetted by the Minister of Internal Affairs.

On the other hand, the Prison act allows a police officer or any other law enforcement officer to arrest and detain an accused person in a lock-up, but in any case for not more than 48 hours from the time of his or her arrest. A “lock-up” is a place maintained by a district or a police force, where arrested persons are temporarily detained, pending production in court.

Furthermore untried prisoners, as a person restricted in custody, shall be kept separate from convicted prisoners because they are prisoners who are presumed to be innocent.

Legislation:

• Section 23 of the Constitution
• Section 2 of the Prisons act
• Section 64 subsection 1 of the Prisons act
• Section 117 of the Prisons act

For more informations: 

• Karugonjo-Segawa (R.), Pre-trial Detention in Uganda in conjunction with the Uganda Human Rights Commission, 2012, p.4

The Ugandan constitution states a person arrested shall be brought to court not later than 48 hours from the time of her/his arrest. The period runs from the arrest of the person, and if no charges are brought against the person arrested at the end of that period the person shall be then released.

The magistrate before whom the accused person first appears after the expiration of the custody period shall release that person on bail:

• if the accused person has been remanded in custody before trial commences for a continuous period exceeding:
  • 480 days in case of an offence punishable by death;
  • 240 days in case of any other offence;
• unless:
  • the accused person has been committed to the High Court for trial before the expiration of that period;
  • the magistrate considers – for the protection of the public – the accused person should not be released from custody.

Custody with a warrant of arrest

The officer to whom the warrant is directed shall release the person from custody:

• if the person arrested executes a bond with sufficient sureties for her/his attendance before the court and at the time specified in the bond, and;
• if the warrant of arrest – for an offence not punishable by death – issued against that person mentioned that possibility.

The endorsement on the warrant issued by a magistrate court shall state:

• the number of sureties;
• the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound;
• the time at which such person is to attend before the court.

Custody without a warrant of arrest

A person arrested without a warrant shall be brought before a magistrate’s court within 48 hours, except when that person need to be questioned in a different area of her/his arrest then it is within seven days .

If the person arrested is not suspected of murder, rape, treason or an offence of serious nature, and:

• it is not possible to bring the person arrested before the Court within 24 hours, then the police officer can release the person arrested from custody with a bond;
• it appears to the police officer in charge of the case that it is not possible to end the investigation within 24 hours then the police officer can release the person arrested from custody with a bond;
• it appears to the police officer in charge of the case there are not enough proofs against the person in custody, she/he can withdraw the charges against the person arrested and release her/him at once.

• Section 23 subsection 4 of the Constitution
• Section 17 of the Criminal procedure code act
• Section 57 of the Magistrates courts act
• Section 76 of the Magistrates courts act
• Section 25 of the Police act

• Avocats Sans Frontières, The Problem of Pre-Trial Detention Lengthy in Uganda, (2013), p. 12

Custody with a warrant

The person executing a warrant of arrest shall notify its substance to the person arrested (and if required shall show her/him the warrant). Then she/he shall – without unnecessary delay – bring the person arrested before the court named in the warrant.

Custody without a warrant

Officers in charge of police stations shall report to the nearest magistrate within 24 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.

• When a person arrested has been taken into custody without a warrant – for an offence other than murder, treason or rape – the officer in charge of the police station to which the person is brought:
  • shall bring that person before an appropriate magistrate’s court within 24 hours after she/he was so taken into custody;
  • shall release the person arrested on executing a bond – with or without sureties and for a reasonable amount – to appear before a magistrate’s court at a time and place named in the bond, if it is not practicable to bring the person arrested before a magistrate’s court within 24 hours after custody, or if the offence is of a serious nature.

• When a person arrested is retained in custody, that person shall be brought before a magistrate’s court as soon as practicable.

• Section 61 of the Magistrates courts act
• Section 17 of the Criminal procedure code act
• Section 18 of the Criminal procedure code act

Under Ugandan law the arrest of a person leads to her/his police custody, thus the competent authorities are the same as judicial arrest, except when the arrest is made by a private person:

• A magistrate and a police officer are competent to place the person arrested in police custody after proceeding to her/his arrest;

• A private person shall – without unnecessary delay – bring the person she/he arrested before a police officer who will rearrest the person and then place that person in police custody.

• Section 16 of the Criminal procedure code act

Police custody is a restriction to liberty and range of movement of a person who is suspected of having committed a crime/an offence or is about to commit a criminal offence under the laws of Uganda.

It refers to the time a person arrested is confined in the police station for processing (between arresting a person and bringing that person before a court).

Legislation:

• Section 23 of the Constitution

A magistrate

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

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:

• Section 12 of the Magistrates courts act
• Section 24 sub.1 of the Police act

A person may be required to show cause why she/he should not be ordered to execute a bond – with or without sureties – for keeping the peace:

• if there is a reasonable cause to believe that an arrest and detention can prevent this person:
  • to commit a breach of the peace;
  • to disturb the public tranquillity;
  • to do any wrongful act that may cause a breach of the peace or disturb the public tranquillity.

• when a chief magistrate or a magistrate grade I receives information that this person is taking precautions with a view to commit any offence.

• when a chief magistrate or a magistrate grade I receives information that this person by habit:
  • is a robber, housebreaker or thief;
  • is a receiver of stolen property, knowing the property to have been stolen;
  • protects or harbours thieves, or aids in the concealment or disposal of stolen property;
  • commits or attempts to commit, or aids or abets in the commission of any offences against liberty or offences causing injury to property or offences relating to coin, bank and currency notes;
  • commits or attempts to commit, or aids or abets in the commission of offences involving a breach of the peace.

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:

• the substance of the information received;
• the amount of the bond to be executed;
• the term for which it is to be in force;
• the number, character and class of sureties, if any, required.

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 may be arrested as preventive action:

• when a police officer has reasonable cause to believe that the arrest of a person is necessary to prevent that person:
  • from causing physical injury to her/himself or to any other person;
  • from suffering physical injury;
  • from causing loss or damage to property;
  • from committing an offence against public decency in a public place;
  • from causing unlawful obstruction on a highway;
  • from inflicting harm or undue suffering to a child or other vulnerable person,

A person arrested as preventive action shall be released when:

• when the peril, risk of loss, damage or injury or obstruction has been sufficiently removed;
• when the execution of a bond where provision is made for the person arrested to appear at regular intervals before a police officer;
• upon any reasonable terms and conditions specified by the inspector general.

• Section 12 of the Magistrates courts act
• Section 14 of the Magistrates courts act
• Section 15 of the Magistrates courts act
• Section 24 of the Police act

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:

• Section 12 of the Magistrates courts act
• Section 24 of the Police act

A person is arrested to be brought before a court:

• in execution of an order of a court;
• upon reasonable suspicion to have committed an offence under the laws of Uganda.

Criminal proceedings can be instituted by three possibilities:

• by a police officer bringing a person arrested – with or without a warrant – before a magistrate upon a charge;
• by a public prosecutor or a police officer laying a charge against a person before a magistrate and requesting a warrant of arrest or a summons;
• by any other person who makes a complaint and applies for the issue of a warrant of arrest or a summons because she/he has reasonable and probable causes to believe an offence has been committed.

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.

Arrest with warrant

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:

• state shortly the offence;
• name and describe the person under suspicion;
• give the order to apprehend the person.

Arrest without warrant

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:

• any person whom a police officer suspects upon reasonable grounds of having committed a cognisable offence or nuisances and offences against health and convenience;
• any person who commits a breach of the peace in the presence of a police officer;
• any person who obstructs a police officer while in the execution of her/his duty
• any person who has escaped or attempts to escape from lawful custody;
• any person whom a police officer suspects upon reasonable grounds of being a deserter from the Uganda Peoples’ Defence Forces;
• any person whom a police officer finds during the night and whom she/he suspects upon reasonable grounds of having committed or being about to commit a felony;
• any person whom a police officer suspects of having been concerned in any act committed out of Uganda which, if committed in Uganda, would have been punishable as an offence;
• any person having in her/his possession – without lawful excuse – any implement of housebreaking;
• any person for whom a police officer has reasonable cause to believe a warrant of arrest has been issued;
• any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to that thing;
• any person who in the presence of a police officer has committed or has been accused of committing a non-cognizable offence refuses on the demand of the officer to give her/his true name and residence.

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:

• any person found taking precautions to conceal her/his presence within the limits of that station under circumstances which afford reason to believe that she/he is taking the precautions with a view to committing a cognisable offence;
• any person within the limits of that station who has no ostensible means of subsistence or who cannot give a satisfactory account of her/himself;
• any person who is by repute an habitual robber, housebreaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion habitually puts or attempts to put persons in fear of injurypossession of any implement for housebreaking.

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:

• who in her/his view commits a cognizable offence;
• whom she/he reasonably suspects of having committed a felony.

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:

• Section 23 sub.4 of the Constitution
• Section 42 of the Magistrates courts act
• Section 56 of the Magistrates courts act
• Section 23 of the Police act
• Section 10 of the Criminal procedure code act
• Section 11 of the Criminal procedure code act
• Section 13 of the Criminal procedure code act
• Section 15 of the Criminal procedure code act
• Section 17 of the Criminal procedure code act

• AYUME, (F.-J.), Criminal Procedure and Law in Uganda, Longman Kenya Limited, 1986, p.42

Depending on the situation different persons can be competent to make an arrest.

Arrest with warrant

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).

Arrest without warrant

Police officer

Any police officer may – without an order from a magistrate and without a warrant – arrest any person who:

• any person whom a police officer suspects upon reasonable grounds of having committed a cognisable offence or nuisances and offences against health and convenience;
• any person who commits a breach of the peace in the presence of a police officer;
• any person who obstructs a police officer while in the execution of her/his duty
• any person who has escaped or attempts to escape from lawful custody;
• any person whom a police officer suspects upon reasonable grounds of being a deserter from the Uganda Peoples’ Defence Forces;
• any person whom a police officer finds during the night and whom she/he suspects upon reasonable grounds of having committed or being about to commit a felony;
• any person whom a police officer suspects of having been concerned in any act committed out of Uganda which, if committed in Uganda, would have been punishable as an offence;
• any person having in her/his possession – without lawful excuse – any implement of housebreaking;
• any person for whom a police officer has reasonable cause to believe a warrant of arrest has been issued;
• any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to that thing;
• any person who in the presence of a police officer has committed or has been accused of committing a non-cognizable offence refuses on the demand of the officer to give her/his true name and residence.

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:

• any person found taking precautions to conceal her/his presence within the limits of that station under circumstances which afford reason to believe that she/he is taking the precautions with a view to committing a cognisable offence;
• any person within the limits of that station who has no ostensible means of subsistence or who cannot give a satisfactory account of her/himself;
• any person who is by repute an habitual robber, housebreaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion habitually puts or attempts to put persons in fear of injurypossession of any implement for housebreaking.

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:

• who in her/his view commits a cognizable offence;
• whom she/he reasonably suspects of having committed a felony.

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:

• Section 58 of the Magistrates courts act
• Section 10 of the Criminal procedure code act
• Section 11 of the Criminal procedure code act
• Section 13 of the Criminal procedure code act
• Section 14 of the Criminal procedure code act
• Section 15 of the Criminal procedure code act
• Section 16 of the Criminal procedure code act
• Section 18 of the Criminal procedure code act
• Section 20 of the Criminal procedure code act
• Section 25 sub.1 of the Police act

• Avocats Sans Frontières, “Presumed innocent behind bars: The problem of lengthy pre-trial detention in Uganda”, 2011, p.12

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:

• with a warrant of arrest;
• without a warrant of arrest.

• Section 2 of the Criminal procedure code act