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.
Legislation:
- Article 23 subsection 6 of the Constitution
- Foundation for Human Rights Initiatives v. AG, 2006
For more informations:
- Avocats Sans Frontières, The problem of Lengthy Pre-Trial Detention in Uganda, 2013