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Poor Persons Defence Act

Chapter 22

Poor Persons Defence Act
Citation
Chapter 22
Date
Language
English
Type
Act
Publication
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Uganda

Poor Persons Defence Act

Chapter 22

  • Published
  • Commenced on 24 April 1998
  • [This is the version of this document at 31 December 2023.]
  • [Note: This legislation was revised and consolidated as at 31 December 2000 and 31 December 2023 by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
An Act to provide for the defence of poor persons committed for trial before the High Court.[Act 8/1998; Cap. 20 (Revised Edition, 2000)]

1. Interpretation

In this Act, unless the context otherwise requires—“certifying officer” means a magistrate presiding over committal proceedings under section 168 of the Magistrates Courts Act, a judge of the High Court, the registrar of the High Court and a deputy or district registrar of the High Court;“currency point” has the value assigned to it in the Schedule to this Act;“Minister” means the Minister responsible for justice;“prisoner” means a poor person committed for trial;“trial judge” means a judge of the High Court.

2. Provision of legal aid

Where it appears for any reason that it is desirable, in the interests of justice, that a prisoner should have legal aid in the preparation and conduct of his or her defence at his or her trial and that the means of the prisoner are insufficient to enable him or her to obtain such aid—
(a)a certifying officer, upon the committal of the prisoner for trial; or
(b)a certifying officer at any time after reading the summary of the case submitted at the committal proceedings,
may certify that the prisoner ought to have legal aid, and if an indictment is filed against the prisoner and it is possible to procure an advocate, the prisoner shall be entitled to have an advocate assigned to him or her.

3. Remuneration of advocate

(1)The remuneration of any advocate assigned under section 2 shall be payable from money provided by Parliament and shall be determined by the trial judge.
(2)In determining the amount of remuneration, the trial judge shall have regard to the complexity of the case and to the duration of the trial proceedings.
(3)The amount of remuneration to be determined under this section shall not exceed fifty currency points.
(4)The Minister may, by statutory instrument, in consultation with the Chief Justice, vary the amount prescribed by subsection (3).

4. Power to make rules

The Chief Justice may make rules—
(a)providing for the payment of travelling expenses, other than hotel expenses, incurred by an advocate and prescribing the terms and conditions subject to which the payments shall be made; and
(b)generally for the better carrying out the purposes and provisions of this Act.

5. Power to amend Schedule

The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act.

Schedule (Sections 1, 5)

Currency point

A currency point is equivalent to twenty thousand shillings.
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History of this document

31 December 2023 this version
Chapter 22

Revised Laws 2023

Consolidation
31 December 2000
Chapter 20

Revised Laws 2000

Consolidation
Read this version
24 April 1998
Commenced