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MAGISTRATES COURTS ACT.

ARRANGEMENT OF SECTIONS

   Section

PART I
INTERPRETATION.

   1.   Interpretation.

PART II
ESTABLISHMENT OF MAGISTRATES COURTS, APPOINTMENT OF MAGISTRATES AND LAW TO BE ADMINISTERED.

   2.   Magisterial areas.

   3.   Establishment and style of magistrates courts.

   4.   Appointment and grades of magistrates.

   5.   Constitution of courts.

   6.   Assignment of magistrates.

   7.   Place of sitting.

   8.   Chief registrar and registrar.

   9.   How general jurisdiction exercised.

   10.   Civil customary law and its application.

   11.   Law and equity.

PART III
PREVENTION OF OFFENCES.

   12.   Security for keeping the peace.

   13.   Security for good behaviour from persons disseminating seditious and other matters.

   14.   Security for good behaviour from vagrants and suspected persons.

   15.   Security for good behaviour from habitual offenders.

   16.   Order to be made.

   17.   Procedure in respect of person present in court.

   18.   Summons or warrant in case of person not so present.

   19.   Copy of order under section 16 to accompany summons or warrant.

   20.   Power to dispense with personal attendance.

   21.   Inquiry as to truth of information.

   22.   Order to give security.

   23.   Discharge of person informed against.

   24.   Commencement of period for which security is required.

   25.   Contents of bond.

   26.   Power to reject sureties.

   27.   Procedure on failure of person to give security.

   28.   Power to release persons imprisoned for failure to give security.

   29.   Power of High Court to cancel bond.

   30.   Discharge of sureties.

PART IV
PLACE OF CRIMINAL TRIALS.

   31.   General authority of magistrates courts.

   32.   Accused person to be sent to area where offence committed.

   33.   Removal of accused person under warrant.

   34.   Ordinary place of trial.

   35.   Trial at place where act done or consequence of offence ensues.

   36.   Trial where offence is connected with another offence.

   37.   Trial where place of offence is uncertain.

   38.   Offence committed on a journey, etc.

   39.   High Court to decide in cases of doubt.

   40.   Court to be open.

   41.   Power of High Court to change venue.

PART V
INSTITUTION OF CRIMINAL PROCEEDINGS.

   42.   Institution of proceedings.

   43.   Control over private prosecutions.

PART VI
SUMMONS.

   44.   Form and contents of summons.

   45.   Service of summons.

   46.   Service when person cannot be found.

   47.   Procedure when service cannot be effected.

   48.   Service on servant of Government, etc.

   49.   Service on company.

   50.   Where summons may be served.

   51.   Proof of service when serving officer not present.

   52.   Power to dispense with personal attendance of accused.

   53.   Appearance by a corporation.

PART VII
WARRANT OF ARREST.

   54.   Warrant after issue of summons.

   55.   Disobedience of summons.

   56.   Form, contents and duration of warrant of arrest.

   57.   Court may direct security to be taken.

   58.   Warrants, to whom directed.

   59.   Warrants may be directed to landholders, etc.

   60.   Execution of warrant directed to police officer.

   61.   Procedure on execution of warrant.

   62.   Where warrant of arrest may be executed.

   63.   Procedure on arrest of person outside jurisdiction.

   64.   Irregularities in warrant.

   65.   Power to take bond for appearance.

   66.   Arrest for breach of bond for appearance.

   67.   Power of court to order prisoner to be brought before it.

   68.   Provisions of this Part in relation to summonses and warrants to be generally applicable.

PART VIII
SEARCHES AND SEARCH WARRANTS.

   69.   Search of premises of arrested persons.

   70.   Power to issue search warrant.

   71.   Execution of search warrant.

   72.   Persons in charge of closed place to allow ingress.

   73.   Detention of property seized.

   74.   Provisions applicable to search warrants.

PART IX
PROVISIONS AS TO BAIL.

   75.   Release on bail.

   76.   Restriction on period of pretrial remand.

   77.   Considerations for bail.

   78.   Deposit instead of recognisance.

   79.   Power to order sufficient bail when that first taken is insufficient.

   80.   Discharge of sureties.

   81.   Death of surety.

   82.   Persons bound by recognisance absconding may be committed.

   83.   Forfeiture of recognisance.

   84.   Appeal from and revision of orders.

PART X
CHARGES.

   85.   Contents of charge.

   86.   Joinder of counts.

   87.   Joinder of persons.

   88.   Rules for framing of charges.

PART XI
PREVIOUS CONVICTION OR ACQUITTAL.

   89.   Persons convicted or acquitted not to be tried again for same offence.

   90.   Persons may be tried again for separate offence.

   91.   Consequences supervening or not known at time of former trial.

   92.   Where original court was not competent to try subsequent charge.

   93.   Previous conviction or acquittal, how proved.

PART XII
WITNESSES AND EVIDENCE.

   94.   Summons for witness.

   95.   Warrant for witness who disobeys summons.

   96.   Warrant for witness in first instance.

   97.   Mode of dealing with witness arrested under warrant.

   98.   Power of court to order prisoner to be brought up for examination.

   99.   Penalty for nonattendance of witness.

   100.   Power to summon material witnesses or examine person present.

   101.   Evidence to be given on oath.

   102.   Refractory witnesses.

   103.   Reports by Government analysts and geologists.

   104.   Power to take evidence of witnesses in absence of the accused.

   105.   Issue of commission for examination of witness.

   106.   Parties may examine witnesses.

   107.   Power of magistrate to apply for issue of commission.

   108.   Return of commission.

   109.   Adjournment of trial for execution and return of commission.

   110.   Competency of accused as witness.

   111.   Procedure when person charged is the only witness called.

   112.   Right of reply.

PART XIII
PROCEDURE IN CASE OF THE INSANITY OR OTHER INCAPACITY OF AN ACCUSED PERSON.

   113.   Inquiry by court as to insanity of accused.

   114.   Procedure when accused certified as capable of making a defence.

   115.   Resumption of trial or investigation.

   116.   Defence of insanity at preliminary proceedings.

   117.   Defence of insanity on trial.

   118.   Procedure when accused does not understand proceedings.

PART XIV
PROVISIONS RELATING TO THE HEARING AND DETERMINATION OF CRIMINAL CASES.

   119.   Nonappearance of complainant at hearing.

   120.   Appearance of both parties.

   121.   Withdrawal from prosecution in trials before magistrates courts.

   122.   Adjournments.

   123.   Trial of accused in his or her absence.

   124.   Accused to be called upon to plead.

   125.   Nonappearance of accused in petty cases.

   126.   Procedure on plea of not guilty.

   127.   Discharge of accused person when no case to answer.

   128.   Defence.

   129.   Hostile witness.

   130.   Evidence in reply.

   131.   Opening and close of case for prosecution and defence.

   132.   Amendment of charges.

   133.   Decision.

   134.   Drawing up conviction or order.

   135.   Mode of delivering judgment.

   136.   Form and contents of judgment.

   137.   Evidence to be taken in presence of accused.

   138.   Record of evidence in magistrates courts.

   139.   Interpretation of evidence to accused or his or her advocate.

   140.   Interpretation of documents.

   141.   Age and demeanour of witness.

   142.   Procedure in case of minor offences.

   143.   Procedure in trial of petty cases.

   144.   Conviction or commitment on evidence partly recorded by one magistrate and partly by another.

   145.   Person charged may be convicted of a minor offence.

   146.   Conviction for attempt.

   147.   Conviction for being an accessory after the fact.

   148.   Convictions in respect of charges relating to death of child.

   149.   Person charged with manslaughter may be convicted of certain traffic offences.

   150.   Persons charged with rape may be convicted under section 128, 129, 132 or 149 of the Penal Code Act.

   151.   Person charged with incest may be convicted of unlawful carnal knowledge.

   152.   Person charged with defilement of a girl under 14 years of age may be convicted of an offence under section 128 or 132 of the Penal Code Act.

   153.   Person charged with burglary may be convicted of kindred offence.

   154.   Person charged with stealing may be convicted of receiving or retaining or obtaining by false pretences or possessing or conveying stolen property.

   155.   Person charged with obtaining by false pretences may be convicted of stealing.

   156.   Construction of sections 145 to 155.

   157.   Person charged with misdemeanour not to be acquitted if felony proved.

   158.   Right of accused to be defended.

   159.   Limitation of time for summary trials in certain cases.

   160.   Reconciliation.

PART XV
CRIMINAL JURISDICTION OF MAGISTRATES COURTS.

   161.   Criminal jurisdiction of magistrates.

   162.   Sentencing powers of magistrates.

   163.   Preventive detention.

   164.   Committal for sentence.

   165.   Powers of sentencing court.

   166.   Power of magistrate to remand for lack of jurisdiction.

   167.   Power to transfer case to superior court.

   168.   Committal for trial by High Court.

   169.   Director of Public Prosecutions to determine offences to be committed to High Court.

   170.   Transfer of cases to chief magistrate.

   171.   Power of chief magistrate to transfer cases.

   172.   Combination of sentences.

   173.   Sentences requiring confirmation.

   174.   Release on bail pending confirmation.

   175.   Sentences in cases of conviction of several offences at one trial.

PART XVI
PROVISIONS RELATING TO SENTENCES IMPOSED BY MAGISTRATES COURTS.

   176.   Warrant in case of sentence of imprisonment.

   177.   Prisons in which sentences of imprisonment may be served.

   178.   Mitigation of penalties.

   179.   [Repealed].

   180.   Fines.

   181.   Power to allow time to pay fine.

   182.   Warrant for levy of fine, etc.

   183.   Commitment.

   184.   Payment in full after commitment.

   185.   Part payment after commitment.

   186.   Sentence of imprisonment in lieu of distress.

   187.   Objections to attachment.

   188.   Who may issue warrant.

   189.   Limitation of imprisonment.

   190.   Discharge of an offender without punishment.

   191.   Security for coming up for judgment.

   192.   Sentences cumulative unless otherwise ordered.

   193.   Escaped convicts to serve unexpired sentences when recaptured.

   194.   Police supervision.

PART XVII
COSTS, COMPENSATION AND RESTITUTION.

   195.   Award of costs.

   196.   Compensation in case of frivolous or vexatious charge.

   197.   Order for compensation for material loss or personal injury.

   198.   Recovery of costs and compensation and imprisonment in default.

   199.   Power of courts to award expenses or compensation out of fine.

   200.   Property found on accused person.

   201.   Property stolen.

   202.   Order for disposal of certain property.

   203.   Interpretation of "property" in sections 201 and 202.

PART XVIII
CRIMINAL APPEALS.

   204.   Criminal appeals.

   205.   Bail pending appeal.

PART XIX
RESERVATION OF QUESTION OF LAW.

   206.   Reservation of question of law.

PART XX
CIVIL JURISDICTION OF MAGISTRATES COURTS AND PROVISIONS RELATING TO THE EXERCISE OF THAT JURISDICTION.

   207.   Civil jurisdiction of magistrates.

   208.   Courts to try all civil suits unless barred.

   209.   Stay of suit.

   210.   Res judicata.

   211.   Bar to further suit.

   212.   Suits to be instituted where subject matter situate.

   213.   Suits for immovable property situate within jurisdiction of different courts.

   214.   Suits for compensation for wrongs to person or movables.

   215.   Other suits to be instituted where defendants reside or cause of action arises.

   216.   Objections to jurisdiction.

   217.   Power to transfer suits which may be instituted in more than one court.

   218.   Power of High Court to withdraw and transfer cases.

   219.   Rules of court.

PART XXI
CIVIL APPEALS.

   220.   Civil appeals.

PART XXII
MISCELLANEOUS PROVISIONS.

   221.   Supervisory powers of chief magistrates.

   222.   Court seals.

   223.   Power to appoint prosecutors.

   224.   Powers of prosecutors.

   225.   Obtaining copies or originals of documents in custody of bank.

   226.   Permission to conduct prosecution.

   227.   Rules.

   228.   Power to amend Schedules.

   229.   Appeals under other written law.

   230.   Relationship of Act to Criminal Procedure Code Act and Civil Procedure Act.

      First Schedule:   Offences which cannot be tried and provisions which cannot be administered or enforced by magistrates grades II.

      Second Schedule:   [Repealed]

      Third Schedule:   Civil Procedure Rules for courts presided over by magistrates grades II.

CHAPTER 16
MAGISTRATES COURTS ACT.

Commencement: 22 January, 1971.

   An Act to amend and consolidate the law relating to the establishment, constitution and jurisdiction of, and the practice and procedure before, magistrates courts and to make provision for other matters connected therewith or incidental thereto.

PART I
INTERPRETATION.

1.   Interpretation.

   (1) In this Act, unless the context otherwise requires—

   (a)   "civil customary law" means the rules of conduct which govern legal relationships as established by custom and usage and not forming part of the common law nor formally enacted by Parliament;

   (b)   "magisterial area" means any one of the areas into which Uganda is for the time being divided under section 2;

   (c)   "magistrate's court" means any court established by or under section 3;

   (d)   "Minister" means the Minister responsible for justice.

   (2) Subject to this Act, where in any written law in force on the date of the coming into force of this Act reference is made to—

   (a)   a court of the first class, second class or third class magistrate, the reference shall be construed as a reference to a magistrate's court presided over by a magistrate grade I, magistrate grade II or magistrate grade III, respectively;

   (b)   a subordinate court, the reference shall be construed as a reference to a magistrate's court;

   (c)   a first, second or third class magistrate, the reference shall be construed as a reference to a magistrate grade I, magistrate grade II or magistrate grade III, respectively;

   (d)   a resident magistrate, the reference shall be construed as a reference to a chief magistrate.

PART II
ESTABLISHMENT OF MAGISTRATES COURTS, APPOINTMENT OF MAGISTRATES AND LAW TO BE ADMINISTERED.

2.   Magisterial areas.

   The Minister may, after consultation with the Chief Justice, by statutory instrument divide Uganda into magisterial areas for the purposes of this Act.

3.   Establishment and style of magistrates courts.

   There shall be established in such places in each magisterial area as the Minister may, after consultation with the Chief Justice, by statutory instrument designate magistrates courts to be known as the magistrates court for the area in respect of which it has jurisdiction.

4.   Appointment and grades of magistrates.

   (1) There shall be appointed such number of magistrates as are in the opinion of the Minister, after consultation with the Chief Justice, required for the efficient administration of justice.

   (2) Magistrates shall be of the following grades—

   (a)   chief magistrate;

   (b)   magistrate grade I;

   (c)   magistrate grade II; and

   (d)   ...

   (3) The powers and jurisdiction of a magistrate shall be determined by the grade of his or her appointment and the powers and jurisdiction conferred upon that grade by this Act and by any written law for the time being in force.

5.   Constitution of courts.

   A magistrate's court shall be deemed to be duly constituted when presided over by any one magistrate lawfully empowered to adjudicate in the court.

6.   Assignment of magistrates.

   Every magistrate appointed under this Act shall be deemed to have been appointed to, and have jurisdiction in, each and every magisterial area but may be assigned to any particular magisterial area or to a part of any magisterial area by the Chief Justice.

7.   Place of sitting.

   (1) A magistrate's court—

   (a)   may be held at any place within the local limits of its jurisdiction; or

   (b)   if it appears to the Chief Justice that the interests of justice so require, may be held, with the written authorisation of the Chief Justice, at a place outside the local limits of its jurisdiction designated in the authorisation,

and shall be held in such building as the Chief Justice may, from time to time, assign as the courthouse.

   (2) Notwithstanding subsection (1), if a magistrate's court sits in any building or place within the local limits of its jurisdiction for the transaction of legal business, the proceedings shall be as valid in every respect as if they had been held in a courthouse assigned for that purpose.

8.   Chief registrar and registrar.

   (1) There shall be appointed for every magistrate's court a fit and proper person to be or to act as chief registrar or registrar of that court.

   (2) The chief registrar or registrar shall, subject to the general supervision and control of the Chief Justice, be under the immediate control and direction of the magistrate presiding over the court to which he or she is assigned.

   (3) The offices of chief registrar and registrar of a magistrate's court shall be offices to which article 147(3)(b) of the Constitution applies.

9.   How general jurisdiction exercised.

   The jurisdiction of a magistrate's court shall, subject to this Act and any other written law limiting or otherwise relating to the jurisdiction of that court or of the presiding magistrate, be exercised in conformity with the law with which the High Court is required to conform in exercising its jurisdiction by the Judicature Act.

10.   Civil customary law and its application.

   (1) Subject to this section, nothing in this Act shall deprive a magistrate's court of the right to observe and to enforce the observance of, or shall deprive any person of the benefit of, any civil customary law which may be applicable that is not repugnant to justice, equity or good conscience or incompatible either in terms or by necessary implication with any written law for the time being in force.

   (2) Notwithstanding subsection (1), no party to a civil cause or matter shall be entitled to claim the benefit of any civil customary law if it appears, either from express contract or from the nature of the transactions out of which any civil cause or matter shall have arisen, that he or she agreed or must be taken to have agreed that his or her obligations in connection with all such transactions should be regulated exclusively by some law other than civil customary law.

   (3) In civil causes or matters where no express rule is applicable to any matter in issue, a magistrate's court shall be guided by the principles of justice, equity and good conscience.

11.   Law and equity.

   (1) In every civil cause or matter before a magistrate's court, law and equity shall be administered concurrently.

   (2) A magistrate may, in the exercise of the jurisdiction conferred upon him or her by this or any other enactment, grant absolutely or on such reasonable terms or conditions as seem just any remedy or relief, whether interlocutory or final, to which any of the parties to the cause or matter may be entitled in respect of any legal or equitable claim or defence properly brought forward or which appears in such cause or matter, so that as far as possible all matters in dispute between the parties may be completed and finally decided and all multiplicity of legal proceedings concerning such matters avoided.

   (3) If in any cause or matter there is a conflict or variance between the rules of equity and the rules of common law with reference to the same subject, the rules of equity shall prevail.

PART III
PREVENTION OF OFFENCES.

12.   Security for keeping the peace.

   (1) Whenever a chief magistrate or a magistrate grade I is informed that any person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, the magistrate may, in the manner hereafter provided, require that person to show cause why he or she should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding one year, as the magistrate thinks fit to fix.

   (2) Proceedings shall not be taken under this section unless either the person informed against, or the place where the breach of the peace or the disturbance is apprehended, is within the local limits of that magistrate's jurisdiction.

   (3) When any magistrate not empowered to proceed under subsection (1) has reason to believe that any person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion 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, that magistrate may, after recording his or her reasons, issue a warrant for the person's arrest (if he or she is not already in custody or before the court), and may send him or her before a magistrate empowered to deal with the case, with a copy of the magistrate's reasons.

   (4) A magistrate before whom a person is sent under this section may, in his or her discretion, detain the person in custody until the completion of the inquiry hereafter prescribed.

13.   Security for good behaviour from persons disseminating seditious and other matters.

   Whenever a chief magistrate or a magistrate grade I has information that there is within the limits of his or her jurisdiction any person who, within or without those limits, either orally or in writing or in any other manner—

   (a)   disseminates or attempts to disseminate or in anywise abets the dissemination of any seditious matter, that is to say, any matter the publication of which is punishable under section 40 of the Penal Code Act;

   (b)   consistently disseminates or consistently attempts to disseminate or in anywise consistently abets the dissemination of any matter which is likely in the opinion of the magistrate to be dangerous to peace and order within Uganda; or

   (c)   disseminates or attempts to disseminate or in anywise abets the dissemination of any matter concerning a judge which amounts to libel under the Penal Code Act,

the magistrate may, in the manner hereafter provided, require that person to show cause why he or she should not be ordered to execute a bond, with or without sureties, for his or her good behaviour for such period, not exceeding one year, as the magistrate thinks fit to fix.

14.   Security for good behaviour from vagrants and suspected persons.

   Whenever a chief magistrate or a magistrate grade I receives information—

   (a)   that any person is taking precautions to conceal his or her presence within the local limits of the magistrate's jurisdiction, and that there is reason to believe that the person is taking those precautions with a view to committing any offence; or

   (b)   that there is within those limits a person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself or herself,

the magistrate may, in the manner hereafter provided, require that person to show cause why he or she should not be ordered to execute a bond, with sureties, for his or her good behaviour for such period, not exceeding one year, as the magistrate thinks fit to fix.

15.   Security for good behaviour from habitual offenders.

   Whenever a chief magistrate or a magistrate grade I receives information that any person within the local limits of his or her jurisdiction—

   (a)   is by habit a robber, housebreaker or thief;

   (b)   is by habit a receiver of stolen property, knowing the property to have been stolen;

   (c)   habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property;

   (d)   habitually commits or attempts to commit, or aids or abets in the commission of, any offence punishable under Chapter XXIX, XXXII or XXXV of the Penal Code Act;

   (e)   habitually commits or attempts to commit, or aids or abets in the commission of, offences involving a breach of the peace; or

   (f)   is so desperate and dangerous as to render his or her being at large without security, hazardous to the community,

the magistrate may, in the manner hereafter provided, require that person to show cause why he or she should not be ordered to execute a bond, with sureties, for his or her good behaviour for such period, not exceeding three years, as the magistrate thinks fit to fix.

16.   Order to be made.

   When a magistrate acting under section 12, 13, 14 or 15 deems it necessary to require any person to show cause under such section, the magistrate shall make an order in writing setting forth—

   (a)   the substance of the information received;

   (b)   the amount of the bond to be executed;

   (c)   the term for which it is to be in force; and

   (d)   the number, character and class of sureties, if any, required.

17.   Procedure in respect of person present in court.

   If the person in respect of whom that order is made is present in court, it shall be read over to him or her, or, if he or she so desires, the substance of the order shall be explained to him or her.

18.   Summons or warrant in case of person not so present.

   (1) If that person is not present in court, the magistrate shall issue a summons requiring him or her to appear or, when that person is in custody, a warrant directing the officer in whose custody he or she is to bring him or her before the court.

   (2) Notwithstanding subsection (1), whenever it appears to the magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the magistrate), that there is reason to fear the commission of a breach of the peace, and that the breach of the peace cannot be prevented otherwise than by the immediate arrest of that person, the magistrate may at any time issue a warrant for his or her arrest.

19.   Copy of order under section 16 to accompany summons or warrant.

   Every summons or warrant issued under section 18 shall be accompanied by a copy of the order made under section 16, and that copy shall be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.

20.   Power to dispense with personal attendance.

   The magistrate may, if he or she sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he or she should not be ordered to execute a bond for keeping the peace, and may permit the person to appear by an advocate.

21.   Inquiry as to truth of information.

   (1) When an order under section 16 has been read or explained under section 17 to a person in court, or when any person appears or is brought before a magistrate in compliance with or in execution of a summons or warrant issued under section 18, the magistrate shall proceed to inquire into the truth of the information upon which the action has been taken, and to take such further evidence as may appear necessary.

   (2) The inquiry shall be made, as nearly as may be practicable, in the manner prescribed in this Act for conducting trials and recording evidence in trials before magistrates courts.

   (3) For the purposes of this section, the fact that a person is an habitual offender may be proved by evidence of general repute or otherwise.

   (4) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the magistrate thinks just.

22.   Order to give security.

   (1) If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the magistrate shall make an order accordingly.

   (2) No person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 16.

   (3) The amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive.

   (4) When the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his or her sureties.

   (5) Any person ordered to give security for good behaviour under this section may appeal to the High Court.

23.   Discharge of person informed against.

   If, on an inquiry under section 21, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, the magistrate shall make an entry on the record to that effect, and, if that person is in custody only for the purposes of the inquiry, shall release him or her, or, if that person is not in custody, shall discharge him or her.

24.   Commencement of period for which security is required.

   (1) If any person in respect of whom an order requiring security is made under section 16 or 22 is, at the time the order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which the security is required shall commence on the expiration of that sentence.

   (2) In other cases the period shall commence on the date of that order unless the magistrate, for sufficient reason, fixes a later date.

25.   Contents of bond.

   (1) The bond to be executed by any such person shall bind him or her to keep the peace or to be of good behaviour, as the case may be, and the commission or attempt to commit or the aiding, abetting, counselling or procuring the commission of an offence punishable with imprisonment, wherever it may be committed, or in the case where a person has been required to enter into a bond because of the conduct mentioned in section 13(a) or (b), the further dissemination or attempt to disseminate or the abetting of the dissemination of any seditious matter or any matter which is likely, in the opinion of the court, to be dangerous to peace and order within Uganda, shall be a breach of the bond.

   (2) Whenever a chief magistrate or a magistrate grade I receives information that any person who has executed a bond under section 22 has committed a breach of that bond, he or she shall, by summons or warrant require that person and his or her sureties, if any, to appear before him or her and shall inquire into the truth of the information upon which the summons or warrant was issued in the same manner as provided in section 21 and if satisfied that there has been a breach of the bond, the chief magistrate or magistrate grade I shall declare the amount of the bond to be forfeited and adjudge the persons bound thereby, whether as principal or sureties or any of them, to pay the sum in which they are respectively bound.

   (3) A magistrate who declares the amount of a bond to be forfeited may, instead of adjudging any person to pay the whole sum in which he or she is bound, adjudge that person to pay part only of the sum or may remit the sum.

   (4) Payment of any sum adjudged to be paid under this section, including any costs awarded, may be enforced, collected and applied as if it were a fine and as if the adjudication were a conviction.

   (5) Any person aggrieved by an order declaring any bond to be forfeited may appeal to the High Court.

26.   Power to reject sureties.

   A magistrate may refuse to accept any surety offered under any of the preceding sections of this Part of this Act on the ground that, for reasons to be recorded by the magistrate, the surety is an unfit person.

27.   Procedure on failure of person to give security.

   (1) If any person ordered to give security as aforesaid does not give that security on or before the date on which the period for which that security is to be given commences, he or she shall, except in the case mentioned in subsection (2), be committed to prison, or, if he or she is already in prison, be detained in prison until that period expires or until within that period he or she gives the security to the magistrate who made the order requiring it.

   (2) When such person has been ordered by a magistrate to give security for a period exceeding one year, the magistrate shall, if that person does not give such security as aforesaid, issue a warrant directing him or her to be detained in prison pending the order of the High Court, and the proceedings shall be laid as soon as conveniently may be before that court.

   (3) The High Court, after examining such proceedings and requiring from the magistrate any further information or evidence which it thinks necessary, may make such order in the case as it thinks fit.

   (4) The period, if any, for which any person is imprisoned for failure to give security shall not exceed three years.

   (5) If the security is tendered to the officer in charge of the prison, the officer shall forthwith refer the matter to the magistrate who made the order and shall await the orders of that magistrate.

28.   Power to release persons imprisoned for failure to give security.

   Whenever a chief magistrate or magistrate grade I is of the opinion that any person imprisoned for failing to give security may be released without hazard to the community, the magistrate may, if he or she thinks fit, order that person to be discharged.

29.   Power of High Court to cancel bond.

   The High Court may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under any of the preceding sections by order of any court.

30.   Discharge of sureties.

   (1) Any surety for keeping the peace or good behaviour of another person may at any time apply to a chief magistrate or a magistrate grade I to cancel any bond executed under any of the preceding sections within the local limits of his or her jurisdiction.

   (2) On that application being made, the magistrate shall issue a summons or warrant, as he or she thinks fit, requiring the person for whom the surety is bound to appear or to be brought before the magistrate.

   (3) When that person appears or is brought before the magistrate, the magistrate shall cancel the bond and shall order the person to give, for the unexpired portion of the term of the bond, fresh security of the same description as the original security.

   (4) Every such order shall, for the purposes of sections 25, 26, 27 and 28 be deemed to be an order made under section 22.

PART IV
PLACE OF CRIMINAL TRIALS.

31.   General authority of magistrates courts.

   Every magistrate's court has authority to cause to be brought before it any person who is within the local limits of its jurisdiction and is charged with an offence committed within Uganda, or which according to law may be dealt with as if it had been committed within Uganda, and to deal with the accused person according to its jurisdiction.

32.   Accused person to be sent to area where offence committed.

   Where a person accused of having committed an offence within Uganda has escaped or is removed from the area within which the offence was committed and is found within another area, the magistrate's court within whose jurisdiction the person is found shall cause him or her to be brought before it and shall, unless authorised to proceed in the case, send the person in custody to the court within whose jurisdiction the offence is alleged to have been committed, or require the person to give security for his or her surrender to that court there to answer the charge and to be dealt with according to law.

33.   Removal of accused person under warrant.

   (1) Where any person is to be sent in custody in pursuance of section 32, a warrant shall be issued by the court within whose jurisdiction the person is found, and that warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person named in it and to carry him or her and deliver him or her up to the court within whose jurisdiction the offence was committed or may be inquired into or tried.

   (2) The person to whom the warrant is directed shall execute it according to its tenor without delay.

34.   Ordinary place of trial.

   Subject to the provisions relating to transfer conferred by this Act, every offence shall ordinarily be inquired into or tried by a court within the local limits of whose jurisdiction it was committed.

35.   Trial at place where act done or consequence of offence ensues.

   When a person is accused of the commission of any offence by reason of anything which has been done or of any consequence which has ensued, the offence may be inquired into or tried by a court within the local limits of whose jurisdiction any such thing has been done or any such consequence has ensued.

36.   Trial where offence is connected with another offence.

   When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a court within the local limits of whose jurisdiction either act was done.

37.   Trial where place of offence is uncertain.

   When—

   (a)   it is uncertain in which of several local areas an offence was committed;

   (b)   an offence is committed partly in one local area and partly in another;

   (c)   an offence is a continuing one and continues to be committed in more local areas than one; or

   (d)   an offence consists of several acts done in different local areas, the offence may be inquired into or tried by a court having jurisdiction over any of those local areas.

38.   Offence committed on a journey, etc.

   An offence committed while the offender is in the course of performing a journey, voyage or flight may be inquired into or tried by a court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that journey, voyage or flight.

39.   High Court to decide in cases of doubt.

   (1) Whenever any doubt arises as to the court by which any offence should be tried, any court entertaining that doubt may, in its discretion, report the circumstances to the High Court, and the High Court shall decide by which court the offence shall be tried.

   (2) Any such decision of the High Court shall be final and conclusive, except that it shall be open to an accused person to show that no court in Uganda has jurisdiction in the case.

40.   Court to be open.

   (1) The place in which any criminal court is held for the purpose of trying any offence shall be deemed an open court to which the public generally may have access, so far as the court can conveniently contain them; but the magistrate may, if he or she thinks fit, order at any stage of the inquiry into or trial of any particular case that the public generally or any particular person shall not have access to or be or remain in the room or building used by the court.

   (1a) In particular, the court shall, when conducting a trial of the offence of defilement, consider the need, in the interest of the child, to exercise its power under article 28(2) of the Constitution, to exclude the press and the public from the proceedings before the court for reasons of morality and to protect the victim of the offence.

   (2) Any magistrate's court for the purpose of inquiring into or trying any offence may sit on a Sunday or a public holiday, and no finding, sentence or order made or passed by a court of competent jurisdiction shall be reversed or altered only by reason of the fact that it was made or passed on a Sunday or a public holiday; but the court shall not sit on a Sunday or a public holiday unless, in the opinion of the court, the omission to do so would cause an amount of delay, expense or inconvenience which in the circumstances of the case would be unreasonable.

41.   Power of High Court to change venue.

   (1) Whenever it is made to appear to the High Court—

   (a)   that a fair and impartial trial or inquiry cannot be had in any magistrate's court;

   (b)   that some question of law of unusual difficulty is likely to arise;

   (c)   that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the offence;

   (d)   that an order under this section will tend to the general convenience of the parties or witnesses; or

   (e)   that such an order is expedient for the ends of justice or is required by any provision of this Act,

it may order—

   (f)   that any offence be tried or inquired into by any court not empowered under the preceding sections of this Part of this Act, but in other respects competent to inquire into or try that offence;

   (g)   that any particular criminal case or class of cases be transferred from a criminal court subordinate to its authority to any other such criminal court of equal or superior jurisdiction;

   (h)     that an accused person be committed for trial to itself.

   (2) The High Court may act either on the report of the lower court or on the application of a party interested or on its own initiative.

   (3) Every application for the exercise of the power conferred by this section shall be made by motion, which shall, except when the applicant is the Director of Public Prosecutions, be supported by affidavit.

   (4) Every accused person making any such application shall give to the Director of Public Prosecutions notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least 24 hours have elapsed between the giving of the notice and the hearing of the application.

   (5) When an accused person makes any such application, the High Court may direct him or her to execute a bond, with or without sureties, conditioned that he or she will, if convicted, pay the costs of the prosecutor.

PART V
INSTITUTION OF CRIMINAL PROCEEDINGS.

42.   Institution of proceedings.

   (1) Criminal proceedings may be instituted in one of the following ways—

   (a)   by a police officer bringing a person arrested with or without a warrant before a magistrate upon a charge;

   (b)   by a public prosecutor or a police officer laying a charge against a person before a magistrate and requesting the issue of a warrant or a summons; or

   (c)   by any person, other than a public prosecutor or a police officer, making a complaint as provided in subsection (3) and applying for the issue of a warrant or a summons in the manner hereafter mentioned.

   (2) The validity of any proceedings instituted or purported to be instituted under subsection (1) shall not be affected by any defect in the charge or complaint or by the fact that a summons or warrant was issued without any complaint or charge or, in the case of a warrant, without a complaint on oath.

   (3) Any person, other than a public prosecutor or a police officer, who has reasonable and probable cause to believe that an offence has been committed by any person may make a complaint of the alleged offence to a magistrate who has jurisdiction to try or inquire into the alleged offence, or within the local limits of whose jurisdiction the accused person is alleged to reside or be. Every such complaint may be made orally or in writing signed by the complainant, but if made orally shall be reduced into writing by the magistrate and when so reduced shall be signed by the complainant.

   (4) Upon receiving a complaint under subsection (3), the magistrate shall consult the local chief of the area in which the complaint arose and put on record the gist of that consultation; but where the complaint is supported by a letter from the local chief, the magistrate may dispense with the consultation and thereafter put that letter on record.

   (5) After satisfying himself or herself that prima facie the commission of an offence has been disclosed and that the complaint is not frivolous or vexatious, the magistrate shall draw up and shall sign a formal charge containing a statement of the offence or offences alleged to have been committed by the accused.

   (6) Where a charge has been—

   (a)   laid under the provisions of subsection (1)(b); or

   (b)   drawn up under the provisions of subsection (5),

the magistrate shall issue either a summons or a warrant, as he or she shall deem fit, to compel the attendance of the accused person before the court over which he or she presides, or if the offence alleged appears to be one which the magistrate is not empowered to try or inquire into, before a competent court having jurisdiction; except that a warrant shall not be issued in the first instance unless the charge is supported by evidence on oath, either oral or by affidavit.

   (7) Notwithstanding subsection (6), a magistrate receiving any charge or complaint may, if he or she thinks fit for reasons to be recorded in writing, postpone the issuing of a summons or warrant and may direct an investigation, or further investigation, to be made by the police into that charge or complaint; and a police officer receiving such a direction shall investigate or further investigate the charge or complaint and report to the court issuing the direction.

   (8) Without prejudice to section 13 of the Criminal Procedure Code Act, nothing in subsection (6) shall authorise a police officer to make an arrest without a warrant for an offence other than a cognisable offence.

   (9) A summons or warrant may be issued on a Sunday.

   (10) Nothing in this section shall be so construed as to affect the powers conferred upon justices of the peace by the Justices of the Peace Act.

43.   Control over private prosecutions.

   (1) Where criminal proceedings have been instituted by a person other than a public prosecutor or a police officer under section 42, the Director of Public Prosecutions may—

   (a)   take over and continue the conduct of those proceedings at any stage before the conclusion of the proceedings;

   (b)   discontinue the prosecution of the proceedings at any stage of an inquiry or a trial before a magistrate's court; and

   (c)   require such person in relation to those proceedings—

      (i)   to give him or her all reasonable information and assistance; and

      (ii)   to furnish him or her with any documents or other matters and things in the person's possession or under his or her control.

   (2) Where the prosecution of any proceedings has been discontinued under subsection (1)(b), section 121 shall apply as if there had been a withdrawal from the prosecution under that section.

   (3) For the purposes of this section, criminal proceedings means proceedings before a magistrate's court and before any court by which an appeal may be heard or a power of revision exercised, and criminal proceedings shall not be deemed to be concluded until no further appeal or petition for revision can be made in the course of the proceedings.

PART VI
SUMMONS.

44.   Form and contents of summons.

   (1) Every summons issued by a magistrate's court under this Act shall be in writing, in duplicate, signed and sealed by the magistrate or by such other officer as the Chief Justice may from time to time direct.

   (2) Every summons shall be directed to the person summoned and shall require him or her to appear at a time and place to be appointed in it before a court having jurisdiction to inquire into and deal with the complaint or charge.

   (3) It shall state shortly the offence with which the person against whom it is issued is charged.

45.   Service of summons.

   (1) Every summons shall be served by a police officer or by an officer of the court issuing it or by other public servant and shall, if practicable, be served personally on the person summoned by delivering or tendering to him or her the duplicate of the summons.

   (2) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt for it on the back of the original summons.

46.   Service when person cannot be found.

   Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving the duplicate for the person with some adult member of his or her family or with his or her servant residing with him or her or with his or her employer; and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt for it on the back of the original summons.

47.   Procedure when service cannot be effected.

   If service in the manner provided by sections 45 and 46 cannot, by the exercise of due diligence, be effected, the serving officer shall affix the duplicate of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides, and thereupon the summons shall be deemed to have been duly served.

48.   Service on servant of Government, etc.

   (1) Where the person summoned is in the active service of the Government or of the East African Community, the court issuing the summons shall ordinarily send it in duplicate to the head of the office in which that person is employed, and the head shall thereupon cause the summons to be served in the manner provided by section 45, and shall return it to the court under his or her signature with the endorsement required by that section.

   (2) That signature shall be evidence of the service.

49.   Service on company.

   Service of a summons on an incorporated company or other body corporate may be effected by serving it on the secretary, local manager or other principal officer of the corporation or by registered letter addressed to the chief officer of the corporation at the registered office of the company or body corporate in Uganda. In the latter case service shall be deemed to have been effected when the letter would arrive in the ordinary course of post.

50.   Where summons may be served.

   A summons may be served at any place in Uganda.

51.   Proof of service when serving officer not present.

   (1) Where the officer who has served a summons is not present at the hearing of the case, and in any case where a summons issued by a court has been served outside the local limits of its jurisdiction, an affidavit purporting to be made before a magistrate that the summons has been served, and the original of the summons purporting to be endorsed in the manner hereinbefore provided by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence; and the statements made in the affidavit shall be deemed to be correct unless the contrary is proved.

   (2) If the original is not endorsed in the manner hereinbefore provided, the affidavit shall be admissible in evidence if the court is satisfied from the statements made in it that service of the summons has been effected in accordance with the foregoing provisions of this Act.

   (3) The affidavit mentioned in this section may be attached to the original of the summons and returned to the court.

52.   Power to dispense with personal attendance of accused.

   (1) When a magistrate issues a summons in respect of any offence other than a felony, the magistrate may, if he or she sees reason to do so, dispense with the personal appearance of the accused, subject to the accused pleading guilty in writing addressed to the court prior to the trial or to his or her appearance at the trial by an advocate.

   (2) The magistrate inquiring into or trying any case may, in his or her discretion, at any subsequent stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce that attendance in a manner hereafter provided; but no such warrant shall be issued unless a complaint or charge has been made upon oath.

   (3) If a magistrate imposes a fine on an accused person whose personal attendance has been dispensed with under this section, and the fine is not paid within the time prescribed for the payment, the magistrate may forthwith issue a summons calling upon the accused person to show cause why he or she should not be committed to prison for such period as the magistrate may then prescribe.

   (4) If the accused person does not attend upon the return of the summons, the magistrate may forthwith issue a warrant and commit that person to prison for such period as the magistrate may then fix.

   (5) If, in any case in which under this section, the attendance of an accused person is dispensed with, previous convictions are alleged against that person and are not admitted in writing or through the person's advocate, the magistrate may adjourn the proceedings and direct the personal attendance of the accused, and, if necessary, enforce that attendance in a manner hereafter provided.

   (6) Whenever the attendance of an accused has been so dispensed with, and his or her attendance is subsequently required, the cost of any adjournment for that purpose shall be borne in any event by the accused.

53.   Appearance by a corporation.

   (1) Appearance before a magistrate's court by a corporation in criminal proceedings shall be by an advocate or by any officer of the corporation.

   (2) Notwithstanding anything contained in the articles of association, byelaws or other document governing the constitution of the corporation, and notwithstanding anything in any other law contained, an officer appearing in court on behalf of a corporation shall be deemed so to appear with the full authority of the corporation, and to have full power to represent the corporation.

PART VII
WARRANT OF ARREST.

54.   Warrant after issue of summons.

   Notwithstanding the issue of a summons, a warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused.

55.   Disobedience of summons.

   (1) If the accused person, other than a corporation, does not appear at the time and place appointed in and by the summons, and his or her personal attendance has not been dispensed with under section 52, the court may issue a warrant to apprehend the accused person and cause him or her to be brought before the court.

   (2) If a corporation does not appear in the manner provided for under this Act, the court may cause any officer of the corporation to be summoned before it in the manner provided for under this Act for compelling the attendance of witnesses, and if the officer fails to attend, he or she may be dealt with under subsection (1).

   (3) In this section and in section 53, "officer of the corporation" means any director, any member of the board of management by whatever name or style designated and the secretary.

   (4) A warrant shall not be issued under this section for the arrest of any person unless the court is satisfied by evidence on oath that the summons directed to that person was duly served.

   (5) Nothing in this section shall affect the power of a court to deal with a case in the absence of the accused person, whether an individual or a corporation, in the manner provided for by sections 123 and 125.

56.   Form, contents and duration of warrant of arrest.

   (1) Every warrant of arrest shall be under the hand of the magistrate issuing it and shall bear the seal of the court.

   (2) Every warrant shall state shortly the offence with which the person against whom it is issued is charged, and shall name or otherwise describe that person, and it shall order the person or persons to whom it is directed to apprehend the person against whom it is issued and bring him or her before the court issuing the warrant or before some other court having jurisdiction in the case, to answer to the charge mentioned in it and to be further dealt with according to law.

   (3) Every such warrant shall remain in force until it is executed or until it is cancelled by the court which issued it.

57.   Court may direct security to be taken.

   (1) Any magistrates court issuing a warrant for the arrest of any person in respect of any offence other than an offence punishable by death may in its discretion direct by endorsement on the warrant that, if that person executes a bond with sufficient sureties for his or her attendance before the court at a specified time and thereafter until otherwise directed by the court, the officer to whom the warrant is directed shall take that security and shall release the person from custody.

   (2) The endorsement shall state—

   (a)   the number of sureties;

   (b)   the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound; and

   (c)   the time at which such person is to attend before the court.

   (3) Whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the court.

58.   Warrants, to whom directed.

   (1) 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.

   (2) Any court issuing such a warrant may, if its immediate execution is necessary and no police officer or chief is immediately available, direct it to any other person, and that person shall execute the warrant.

   (3) When a warrant is directed to more officers or persons than one, it may be executed by all or by any one or more of them.

59.   Warrants may be directed to landholders, etc.

   (1) A chief magistrate may direct a warrant to any landholder, farmer or manager of land within the local limits of the magistrate's jurisdiction for the arrest of any escaped convict, proclaimed offender or person who has been accused of a cognisable offence and has eluded pursuit.

   (2) That landholder, farmer or manager shall acknowledge in writing the receipt of the warrant and shall execute it if the person for whose arrest it was issued is in or enters on his or her land or farm or the land under his or her charge.

   (3) When the person against whom the warrant is issued is arrested, he or she shall be made over with the warrant to the nearest police officer, who shall cause him or her to be taken before a magistrate having jurisdiction, unless security is taken under section 57.

60.   Execution of warrant directed to police officer.

   A warrant directed to a police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed, and similarly, a warrant directed to a chief may be executed by any other chief whose name is endorsed on the warrant by the chief to whom it was directed or endorsed.

61.   Procedure on execution of warrant.

   The police officer or other person executing a warrant of arrest shall notify the substance of the warrant to the person to be arrested, and, if so required, shall show him or her the warrant and shall (subject to section 57 as to security) without unnecessary delay bring the person arrested before the court before which he or she is required by law to produce that person.

62.   Where warrant of arrest may be executed.

   A warrant of arrest may be executed at any place in Uganda.

63.   Procedure on arrest of person outside jurisdiction.

   (1) When a warrant of arrest is executed outside the local limits of the jurisdiction of the court by which it was issued, the person arrested shall, unless the court which issued the warrant is within 20 miles of the place of arrest, or is nearer than the magistrate within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 57, be taken before the magistrate within the local limits of whose jurisdiction the arrest was made.

   (2) That magistrate shall, if the person arrested appears to be the person intended by the court which issued the warrant, direct his or her removal in custody to that court; except that if the person has been arrested for an offence other than murder, treason or rape, and he or she is ready and willing to give bail to the satisfaction of the magistrate, or if a direction has been endorsed under section 57 on the warrant and the person is ready and willing to give the security required by that direction, the magistrate shall take such bail or security, as the case may be, and shall forward the bond to the court which issued the warrant.

   (3) Nothing in this section shall be deemed to prevent a police officer from taking security under section 57.

64.   Irregularities in warrant.

   Any irregularity or defect in the substance or form of a warrant, and any variance between it and the written complaint or information, or between either and the evidence produced on the part of the prosecution at any inquiry or trial, shall not affect the validity of any proceedings at or subsequent to the hearing of the case; but if any such variance appears to the court to be such that the accused has been deceived or misled by the variance, the court may, at the request of the accused, adjourn the hearing of the case to some future date and in the meantime remand the accused or admit him or her to bail.

65.   Power to take bond for appearance.

   Where any person for whose appearance or arrest a magistrate is empowered to issue a summons or warrant is present in court, the magistrate may require that person to execute a bond, with or without sureties, for his or her appearance in the court.

66.   Arrest for breach of bond for appearance.

   When any person who is bound by any bond taken under this Act to appear before a court does not so appear, the magistrate presiding in that court may issue a warrant directing that that person be arrested and produced before him or her.

67.   

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