Transfer of Convicted Offenders Act, 2012
Act 2 of 2012
- Published in Uganda Gazette no. 52 on 18 September 2012
- Assented to on 27 July 2012
- Commenced on 1 March 2013 by Statutory Instrument of 2013
- [This is the version of this document from 18 September 2012.]
Part I – Preliminary
1. CommencementThis Act shall come into force on such day, as the Minister may by statutory instrument appoint.
2. ApplicationThis Act applies—
3. InterpretationIn this Act unless the context otherwise requires—"administering country" means the country to which the convicted offender may be, or has been, transferred in order to serve his or her sentence;"child" means a person below the age of eighteen years;"convicted offender" means a person who has been found guilty of an offence and upon whom a sentence has been imposed;"imprisonment" includes detention;"judgement" means a decision or order of a court or tribunal imposing a sentence;"Minister" means the Minister responsible for justice;"proper authority" in relation to Uganda means the Minister or other person or authority designated by him or her for the purpose of this Act and, in relation to a Commonwealth country other than Uganda, means the authority responsible for the administration of the law relating to the transfer of convicted offenders on substantially similar terms as are provided in this Act;"sentence" means any punishment or measure involving deprivation of liberty ordered by a court or tribunal in exercise of its criminal jurisdiction and includes supervision while at liberty on parole or on probation;"sentencing country" means the country in which the sentence is imposed on the convicted offender.
Part II – Transfer of convicted offenders
4. Persons liable to be transferredSubject to this Act, a convicted offender who—
5. General requirements and application for transfer
6. Conditions for transferNotwithstanding the provision of section 122 of the Prisons Act, a convicted offender may be transferred under this Act only if—
7. Obligation to furnish information
8. Requests, applications and channels of communication
9. Consent and its verification
10. Notification of decisions to convicted offender
11. Effect of transfer from UgandaIf a convicted offender serving a sentence in Uganda is transferred to another country, the enforcement of the sentence in that other country, to the extent that the sentence has been enforced in the latter country shall have the effect of discharging that sentence.
12. Effect of transfer to Uganda
13. Convicted offender in lawful custody during transfer
14. Co-operation in respect of other offenders in transitThe Government of Uganda shall afford reasonable co-operation in facilitating the transit through its territory of a convicted offender who is being transferred from one Commonwealth country to another under any law of those countries which is substantially similar to this Act.
15. Effect of continued enforcement and remission of sentence
16. Prisoner to be detained in prisonExcept as otherwise provided in this Act, a convicted offender who has been sentenced to imprisonment in another country and transferred to Uganda shall be detained in prison.
17. Child offendersA convicted offender transferred to Uganda and sentenced to imprisonment who would, if he or she had been convicted in Uganda, have been treated by reason of his or her age as a child, and sentenced accordingly, shall be dealt with as his or her age dictates, in accordance with in accordance with the law for the time being in force in Uganda relating to the treatment of child offenders.
18. Persons of unsound mind
19. Pardon, commutation and review
20. Termination of enforcementThe proper authority in Uganda shall terminate or cause to be terminated the enforcement of a sentence being served by a convicted offender transferred to Uganda as soon as it receives information from the proper authority of the sentencing country of any decision or measure as a result of which the sentence ceases to be enforceable.
21. Information on enforcement
22. Costs of transferWithout prejudice to the right of the proper authority of the sentencing country or the administering country to defray all expenses connected with the transfer of a convicted offender, the cost of transfer shall be defrayed in such proportions as may be agreed upon either generally or in any particular case between the proper authority in Uganda and that of the other country involved in the transfer.
23. Power of Minister to apply Act to other countries
24. RegulationsThe Minister may make regulations—
History of this document
01 March 2013
18 September 2012 this version
Published in Uganda Gazette number 52
27 July 2012