Under Ugandan law the arrest of a person leads to her/his police custody, thus the grounds to place a person in custody are the same as judicial arrest. The purpose of the custody is to conduct an inquiry and a police interrogation.
A magistrate – before whom a person arrested is sent – may detain that person in custody:
- when she/he has reason to believe that person is likely to commit a breach of the peace or disturb the public tranquillity and that such breach of the peace or disturbance cannot be prevented otherwise than by detaining that person in custody;
- when a offence is committed in her/his presence within the local limits of her/his jurisdiction.
An officer in charge of a police station may discharge a person arrested without warrant on any charge – after due police inquiry – when insufficient evidence is disclosed on which to proceed with a charge. On the other hand where it appears to the police officer in charge of the police station that the inquiry into the case cannot be completed, she/he may release that person on executing a bond to appear at a place and time named in the bond.
Legislation:
- Section 23 sub.4 of the Constitution
- Section 12 of the Magistrates courts act
- Section 19 of the Criminal procedure code act
- Section 17 of the Criminal procedure code act