- Commenced on 20 July 1964
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
Part I – General
1. InterpretationIn this Act, unless the contrary intention requires—
2. Arrangements for surrender of criminals
3. Restrictions on surrender of criminalsThe following provisions shall be observed with respect to the surrender of fugitive criminals—(a)a fugitive criminal shall not be surrendered if the offence in respect of which his or her surrender is demanded is one of a political character or if it appears to a court or the Minister that the requisition for his or her surrender has in fact been made with a view to try or punish him or her for an offence of a political character;(b)a fugitive criminal shall not be surrendered to any country unless provision is made by the law of that country, or by arrangement, that the fugitive criminal shall not, unless he or she has been restored or had an opportunity of returning to Uganda, be detained or tried in that country for any offence committed prior to his or her surrender other than the extradition crime proved by the facts on which the surrender is grounded;(c)a fugitive criminal who has been accused of some offence within the jurisdiction of Uganda, not being the offence for which his or her surrender is asked, or is undergoing sentence under any conviction in Uganda, shall not be surrendered until after he or she has been discharged, whether by acquittal or on the expiration of his or her sentence or otherwise;(d)a fugitive criminal shall not be surrendered until the expiration of fifteen days from the date of his or her being committed to prison to await his or her surrender.
Continuance of existing provisions
4. Application to Commonwealth countries
5. DiscontinuanceWhenever it appears to the Minister that the law of a country to which section 4(1) applies no longer contains reciprocal provisions or that an arrangement with any country referred to in section 4(2) is no longer in force, the Minister may, by statutory instrument, discontinue the application of this Part of this Act to that country.
Surrender of criminals
6. Liability of criminal to surrenderWhere this Part of this Act applies in the case of any country, every fugitive criminal of that country who is in or suspected of being in Uganda shall be liable to be apprehended and surrendered in the manner provided by this Part of this Act—
7. Liability of accessories to be surrenderedEvery person who is accused or convicted of having counselled, procured, commanded, aided or abetted the commission of an extradition crime or of being an accessory before or after the fact to any extradition crime shall be deemed, for the purposes of this Part of this Act, to be accused or convicted of having committed that crime and shall be liable to be apprehended and surrendered accordingly.
8. Registration for surrender of a fugitive criminal
9. Issue of warrant and appearance of fugitive criminal before magistrate
10. Hearing of case and evidence
11. Committal or discharge of prisoner
12. Order of habeas corpus; surrender of fugitive by warrant of Minister
13. Discharge of persons apprehendedWhenever a fugitive criminal who has been committed to prison is not surrendered and conveyed out of Uganda within two months after the committal, or if an order of habeas corpus is issued, after the decision of the court upon the return to the order, any judge of the High Court may—
14. Execution of warrantThe warrant of a magistrate issued in pursuance of this Part of this Act may be executed in any part of Uganda in the same manner as if it had been originally issued or subsequently endorsed by a magistrate having jurisdiction in the place where it is executed.
15. Trial of criminal surrendered by another countryWhere in pursuance of an arrangement with another country any person accused or convicted of any crime described in the Schedule to this Act is surrendered by that country, that person shall not, until he or she has been restored or had an opportunity of returning to that country, be triable or tried for any offence committed prior to the surrender in Uganda other than such of the crimes as may be proved by the facts on which the surrender is grounded.
Part II – Reciprocal backing of warrants
16. Application of Part IIThis Part of this Act shall apply to any country in respect of which the Minister, having regard to reciprocal provisions under the law of that country, by statutory instrument so orders and subject to such conditions, exceptions and qualifications as may be specified in the order.
17. Backing of warrant issued in another country
18. Return of prisoner
19. Provisional warrant
20. Discharge of prisoner not returned
21. Refusal to return prisoner
22. ProcedureA requisition for the endorsement of a warrant under this Part of this Act shall be made in the first instance by a diplomatic representative, consular officer or other appropriate authority of the country concerned to the Minister who may transmit it to a magistrate to proceed in accordance with this Part of this Act.
23. Exclusion of political offencesThe Minister shall not transmit a requisition under section 22 and a warrant shall not be endorsed under this Part of this Act for the apprehension of any person if the offence is one of a political character or it appears to the Minister or a court that the requisition has in fact been made with a view to try or punish him or her for an offence of a political character.
Part III – Miscellaneous provisions
Proof of warrants, depositions, etc.
24. Foreign depositions, statements and documents to be evidenceDepositions or statements on oath or affirmations taken in the country concerned and copies of the original depositions or statements or affirmations and foreign certificates of or judicial documents stating the fact of conviction may, if duly authenticated, be received in evidence in any proceedings under this Act.
25. Authentication and judicial notice of certain warrants, depositions and documents
Taking of evidence for foreign trials
26. Obtaining evidence in Uganda
27. Taking evidence in Uganda for foreign criminal matters
28. Extradition crimes
History of this document
31 December 2000 this version
20 July 1964