This Ordinance was repealed on 2006-07-14 by Prisons Act, 2006.
- Commenced on 1 July 1958
- [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.]
- [Repealed by Prisons Act, 2006 on 14 July 2006]
Part I – Preliminary
2. InterpretationIn this Act, unless the context otherwise requires—
Part II – Constitution and administration of the Uganda Prisons Service
3. Establishment of the serviceThere shall be established a Uganda Prisons Service.
4. Commissioner of prisons
5. Power of deputy and assistant commissionerAny act or thing which may be done, ordered or performed by the commissioner may be done, ordered or performed by the deputy commissioner or by an assistant commissioner.
Part III – Powers, duties and privileges of prison officers
6. General powers and duties of prison officersEvery prison officer shall exercise such powers and perform such duties as are by law conferred or imposed on prison officers of his or her class and shall obey all lawful directions in respect of the execution of his or her office which he or she may from time to time receive from his or her senior officers.
7. Responsibility of officer in charge for stores, etc.Every officer in charge shall be charged with the arms, accoutrements, ammunition, clothing and all other public stores and foodstuffs issued and delivered for the use of the prison and prison officers under his or her control, and with all public money for which he or she may be held accountable, and also subject to this Act with all valuables, money, articles of clothing and other property entrusted to his or her keeping as being the property of prisoners, and shall account for the same in case of their being lost or damaged, otherwise than by unavoidable accident, theft, robbery or actual service.
8. Cases where prison officers have the powers and privileges of police officersWithin a prison and while in charge of prisoners and for the purpose of conveying any person to or from a prison, or for the purpose of apprehending any prisoner who may have escaped from a prison or who may have escaped while being conveyed to or from a prison, every prison officer shall have all the powers, protection and privileges of a police officer.
9. Arrest of desertersAny prison officer may, on reasonable suspicion that any person is a deserter from the service, arrest the person without warrant and shall forthwith take him or her before a magistrate.
10. Power to examine persons or vehicles for prohibited articles
11. Use of force, weapons and firearms by prison officers
12. Power to take photographs and fingerprints of criminal prisoners
13. Salaries of certain officers not to be liable to attachmentNo salary or other allowance paid to a junior prison officer shall be liable to be attached, sequestered or levied upon for or in respect of any debt or claim for any money borrowed by him or her or any goods supplied to him or her or any person on his or her behalf while the prison officer is serving as a prison officer.
14. Nonliability for act done under authority of a warrant
Part IV – Offences by prison officers
15. Prison officers not to leave the service without permission
16. Assault, etc. on officer senior in rankAny prison officer who assaults, threatens or insults any officer senior to him or her in the service, when the senior officer is on duty or when the assault, threat or insult relates to or is consequent upon the discharge of duty by the officer so assaulted, threatened or insulted, commits an offence and is liable on conviction by a magistrate to imprisonment for a period not exceeding six months or to a fine not exceeding one thousand shillings or to both.
17. Miscellaneous offences by prison officersEvery prison officer who without lawful authority—
18. Other offences
19. Prison officers not to be members of trade unions
20. Prison officers not to engage in dealings with prisoners
21. Search of prison officers
22. Power of officers holding disciplinary inquiries
Part V – Establishment and control of prisons
23. Declaration of prisons
24. Temporary prisonsWhenever—
25. Officers in charge
26. Appointment of police officers to perform the duties of prison officers
27. Matrons and female prisonersIn every prison in which female prisoners are imprisoned there shall be a woman prison officer who shall have the care and superintendence of the female prisoners, and who shall be responsible for their discipline.
28. Medical officers
Part VI – Admission, control and discharge of prisoners
29. Prisoners in custody of officers in charge
30. Detention of remand prisonersEvery person remanded to any prison by any court or other competent authority charged with any crime or offence shall be delivered to the officer in charge together with the warrant of commitment, and the officer in charge shall detain the person according to the terms of the warrant and shall cause the person to be delivered to the court or competent authority, or shall discharge the person at the time named in and according to the terms of the warrant.
31. Custody of persons under arrestEvery person arrested in pursuance of any warrant or order of any court or other competent authority, if the court is not sitting, may be delivered to an officer in charge for custody, and the officer in charge shall cause the person to be brought before the court or other competent authority at its next sitting.
32. Prisoners required as witnesses
33. Prisoners to be subject to prison disciplineEvery prisoner shall be subject to prison discipline and to all laws, orders and directions relating to prisons and prisoners during the whole time of his or her imprisonment, whether he or she is or is not within the precincts of any prison.
34. PetitionsEvery prisoner may petition the President, but in exercising that right shall address the President through the commissioner.
35. Maintenance of certain prisoners from private sources
36. Certain prisoners to be treated as unconvicted criminal prisonersWhen a sentence of imprisonment imposed on any prisoner requires confirmation by the High Court and the prisoner elects to postpone serving the sentence until the High Court makes a confirming or other order, the prisoner shall, between the date of the election and the making of the confirming or other order, be treated as an unconvicted criminal prisoner.
37. Female prisoners to be kept apartMale and female prisoners shall be confined in separate prisons or in separate parts of a prison in such manner as to prevent, as far as practicable, their seeing or conversing or holding any intercourse with each other.
38. Prisoners may be removed to any prison
39. Removal of prisoners of unsound mind
40. Removal of sick prisoners to hospital
41. Measures for further security of prisoners in hospitalWhere in any case from the gravity of the offence for which any prisoner may be in custody or for any other reason the officer in charge considers it desirable to take special measures for the security of the prisoner while under treatment in a hospital, he or she may give such prisoner into the charge of fit and proper persons, not being less than two in number, one of whom shall always be with the prisoner day and night, and those persons shall be vested with full power and authority to do all things necessary to prevent the prisoner from escaping and shall be answerable for his or her safe custody until such time as he or she is handed over to the officer in charge on his or her discharge from the hospital or until such time as his or her sentence expires, whichever may first occur.
42. Removal of leper prisoners to leper settlements
43. Prison officer not liable for escape of prisoners in hospital, etc.If any prisoner escapes during such time as he or she is in any hospital, mental hospital or leper settlement, no prison officer shall be held answerable therefor, unless the prisoner shall have been in the personal custody of that officer, and no medical officer, person in charge of a leper settlement or other person shall be held answerable therefor unless it can be shown that the medical officer has helped the prisoner to escape or has wilfully neglected to take reasonable precautions to prevent his or her escape.
44. Employment of prisoners and abolition of hard labour
45. Employment of civil and unconvicted criminal prisoners
46. Release of prisoners
Part VII – Remission of sentences
47. Remission of part of sentence of certain prisoners
48. Habitual criminals to be released on licence only
49. Review of sentencesThe commissioner shall submit to the Advisory Committee on the Prerogative of Mercy established under article 121(1) of the Constitution a report on the general condition and conduct of every prisoner undergoing imprisonment for life or for a term exceeding seven years, at the end of every four years of the imprisonment or at such lesser period as the advisory committee or the commissioner considers desirable.
50. Release on parole
Part VIII – Offences by prisoners
51. Prison offences
52. Punishment of prisoners by officers in charge
53. Punishment of prisoners by the commissioner
54. Punishment of prison offences by magistratesAny prisoner may be charged before a magistrate with any offence against prison discipline, and the magistrate may on convicting the prisoner award any of the punishments mentioned in section 53 and, in addition or in lieu of those punishments, may award imprisonment for a period not exceeding six months to run consecutively with the sentence then being served; except that no proceedings shall be taken against any prisoner in respect of any matter for which he or she has been punished under this Act.
55. Prisoner’s defenceNo prisoner shall be punished for a prison offence until he or she has had an opportunity of hearing the charge against him or her and making his or her defence.
56. Medical examination before punishment
57. Corporal punishment
58. Segregation of a prisonerWhenever it appears to the officer in charge that it is desirable for the good order and discipline of the prison for a prisoner to be segregated and not to work or be located in association with other prisoners, the officer may order the segregation of the prisoner for such period as may be considered necessary.
59. Register of punishmentsThe officer in charge shall cause to be entered in a register to be open to the inspection of the visiting justices a record of all punishments imposed upon prisoners showing in respect of each prisoner punished, his or her name, the nature of his or her offence and the extent of his or her punishment.
60. Prisoner may be detained in order to complete punishmentAny punishment lawfully imposed on a prisoner under this Act or any rules made under this Act may be carried into effect notwithstanding that the carrying into effect of the punishment may necessitate the detention of the prisoner beyond the date at which he or she would have otherwise been entitled to be discharged from prison; except that the period of detention shall not exceed forty-eight hours, the period to be calculated from the last hour of the day upon which the prisoner would otherwise be entitled to be discharged.
Part IX – Offences in relation to prisoners
61. TraffickingAny person without lawful authority who—
62. Prohibited articles
63. Seizure of prohibited articles, etc.Whether or not any criminal or disciplinary proceedings are commenced against any person, any prison officer may seize any article found to be unlawfully in a prison, and the commissioner may order its confiscation and forfeiture.
65. Unlawful possession of prison articlesAny person who is found in possession of any article which has been supplied to any prison officer for use on duty, or of other prison property and who fails to account satisfactorily for the possession of it, or who without due authority purchases or receives any such article or property from any prison officer or who aids or abets any prison officer to sell or dispose of any such article or property, commits an offence and is liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
66. Incitement and abetting of desertion, mutiny and sedition
67. Harbouring prisonersAny person who knowingly harbours in or about his or her house, lands or otherwise, or who knowingly employs any person under sentence of imprisonment and illegally at large commits an offence and is liable on conviction to imprisonment for a term not exceeding three years.
68. General penaltyAny person who contravenes this Act or any rules made under it commits an offence and, if no penalty is specially provided, is liable on conviction to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding six months or to both.
69. Power to prosecute under other law not affectedNothing in this Act shall exempt any prisoner or other person from being prosecuted under any other Act or law for the time being in force for any offence made punishable by this Act, or from being liable under any other Act or law to any other or higher penalty or punishment than is provided for the offence by this Act; except that no person shall be tried twice for the same offence.
Part X – Miscellaneous
70. Disposal of deceased’s estate
71. Appointment of prison ministers
72. Appointment and powers of visiting justices
73. Powers of members of Cabinet, judges and magistrates
74. RulesThe Minister may make rules for any of the purposes of this Act and may, by rule, provide for—
History of this document
14 July 2006
Repealed by Prisons Act, 2006
01 July 1958