Criminal Procedure Code Act
- Commenced on 15 June 1950
- [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 – Interpretation
1. InterpretationIn this Code, unless the context otherwise requires—
Part II – General provisions
Arrest, escape and retaking
3. Search of place entered by person sought to be arrested
4. Power to break out for purposes of liberationAny police officer or other person authorised to make an arrest may break out of any house or place in order to liberate himself or herself or any other person who, having lawfully entered for the purpose of making an arrest, is detained there.
5. No unnecessary restraintThe person arrested shall not be subjected to more restraint than is necessary to prevent his or her escape.
6. Search of person arrested
7. Power of police officer to detain and search vehicles and persons
8. Mode of searching womenWhenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
9. Power to seize offensive weaponsA police officer or other person making any arrest may take from the person arrested any offensive weapons which he or she has about his or her person, and shall deliver all weapons so taken to the court or officer before which or whom the police officer or person making the arrest is required by law to produce the person arrested.
10. Arrest without warrantAny police officer may, without an order from a magistrate and without a warrant, arrest —
11. Arrest of vagabonds, habitual robbers, etc.Any officer in charge of a police station may in like manner arrest or cause to be arrested—
12. Procedure when police officer deputes subordinate to arrest without warrantWhen any officer in charge of a police station requires any officer subordinate to him or her to arrest without a warrant (otherwise than in his or her presence) any person who may lawfully be arrested without a warrant, he or she shall deliver to the officer required to make the arrest an order in writing specifying the person to be arrested and the offence or other cause for which the arrest is to be made.
13. Refusal to give name and residence
14. Disposal of persons arrestedA police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions of this Code as to bail, take or send the person arrested before a magistrate having jurisdiction in the case or before an officer in charge of a police station.
15. Arrest by private person
16. Disposal of person arrested by private person
17. Detention of persons arrested without warrant
18. Police to report arrestsOfficers in charge of police stations shall report to the nearest magistrate within twenty-four hours the cases of all persons arrested without warrant within the limits of their respective stations, whether the persons have been admitted to bail or otherwise.
19. Offence committed in magistrate’s presenceWhen any offence is committed in the presence of a magistrate within the local limits of his or her jurisdiction, he or she may arrest or order any person to arrest the offender, and may upon the arrest, subject to the provisions of this Code as to bail, commit the offender to custody.
20. Arrest by magistrateAny magistrate may at any time arrest or direct the arrest in his or her presence, within the local limits of his or her jurisdiction, of any person for whose arrest he or she is competent at the time and in the circumstances to issue a warrant.
21. Recapture of person escapingIf a person in lawful custody escapes or is rescued, the person from whose custody he or she escapes or is rescued may immediately pursue and arrest him or her in any place in Uganda.
22. Sections 3 and 4 to apply to arrests under section 21Sections 3 and 4 shall apply to arrests under section 21, although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.
23. Assistance to magistrate or police officerEvery person is bound to assist a magistrate or police officer reasonably demanding his or her aid—(a)in the taking or preventing the escape of any other person whom that magistrate or police officer is authorised to arrest;(b)in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or public property.
Preventive action of the police
24. Police to prevent cognisable offencesEvery police officer may interpose for the purpose of preventing, and shall to the best of his or her ability prevent, the commission of any cognisable offence.
25. Information of design to commit offencesEvery police officer receiving information of a design to commit any cognisable offence shall communicate the information to the police officer to whom he or she is subordinate and to any other officer whose duty it is to prevent or take cognisance of the commission of any such offence.
26. Arrest to prevent offencesA police officer knowing of a design to commit any cognisable offence may arrest, without orders from a magistrate and without a warrant, the person so designing, if it appears to the officer that the commission of the offence cannot otherwise be prevented.
27. Prevention of injury to public propertyA police officer may of his or her own authority interpose to prevent any injury attempted to be committed in his or her view to any public property, movable or immovable, or the removal of or injury to any public landmark or buoy or other mark used for navigation.
Part III – Appeals
Appeals from courts
28. Notice of appeal
29. Fee on appealExcept insofar as it is waived or reduced, the fee prescribed for filing the notice of appeal shall be paid at the time of lodging the notice and if the fee, if any, is not paid the notice shall not be received.
30. Appellant in prisonIf the appellant is in prison he or she may present any document relating to his or her appeal to the officer in charge of the prison who shall then forward the document to the registrar, and for the purpose of section 28 on the date of the presentation, any such document shall be deemed to have been lodged with the registrar.
31. Application for extension of time; abandonment of appeal
32. Summary dismissal of appeal
33. Notice of hearing
34. Powers of appellate court on appeals from convictions
35. Powers of appellate court on appeals from acquittalsThe appellate court may, on an appeal from an acquittal or dismissal, enter such decision or judgment on the matter as may be authorised by law and make such order or orders as may be necessary.
36. Powers of appellate court on appeals from other ordersThe appellate court may on any appeal from any order other than a conviction, acquittal or dismissal alter or reverse the order.
37. Appellant’s right to be present at appeal
38. Delivery of judgment
39. Appellate court to make orders conformable with judgmentWhen a case is decided on appeal by the appellate court, it shall thereupon make such orders as are conformable to the judgment or order and shall if necessary cause the record of the lower court to be amended in accordance with that judgment or order.
40. Admission of appellant to bail and custody pending appeal
41. Further evidence
42. Number of judges on an appeal
43. Abatement of appeal
44. Dismissal of appeal for want of prosecution
45. Second appeals
46. Third appealsWhere an appeal emanates from a judgment of a magistrate grade II, and either the accused person or the Director of Public Prosecutions has appealed to the chief magistrate, and from there to the High Court, either the accused or the Director of Public Prosecutions may lodge a third and final appeal to the Court of Appeal with the certificate of the High Court that the matter raises a question of law of great public or general importance or if the Court of Appeal in its overall duty to see that justice is done, considers that the appeal should be heard; except that in such a third appeal by the Director of Public Prosecutions, the Court of Appeal shall only give a declaratory judgment.
47. Admission to bail pending second appealA judge of the High Court may in his or her discretion, in any case in which an appeal from a decision of the High Court in its appellate jurisdiction to the Court of Appeal is filed, grant bail pending the hearing of the appeal.
48. Power of courts to call for recordsThe High Court may call for and examine the record of any criminal proceedings before any magistrate’s court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of the magistrate’s court.
49. Power of magistrates to call for records of inferior courts and to report to High Court
50. Power of High Court on revision
51. Discretion of court as to hearing partiesExcept as provided in section 50, no party has any right to be heard either personally or by advocate before the High Court when exercising its powers of revision; but that court may, if it thinks fit, when exercising those powers hear any party either personally or by advocate, and nothing in this section shall be deemed to affect section 50(2).
52. Number of judges in revisionAll proceedings before the High Court in the exercise of its revisional jurisdiction may be heard and any judgment or order on the proceedings may be made or passed by one judge; but when the court is composed of more than one judge and the court is equally divided in opinion, the sentence or order of the magistrates court shall be upheld.
53. High Court order to be certified to lower courtWhen a case is revised by the High Court, it shall certify its decision or order to the court by which the sentence or order revised was recorded or passed, and the court to which the decision or order is certified shall then make such orders as are conformable to the decision certified, and, if necessary, the record shall be amended in accordance with the decision or order.
54. Authority to sign on behalf of Director of Public ProsecutionsWhere an appeal or an application for revision is made by the Director of Public Prosecutions, the notice or application, as the case may be, shall be signed by him or her or by such other person as he or she may authorise either generally or specifically for that purpose.
History of this document
31 December 2000 this version
15 June 1950