Magistrates Courts Act

Provides definitions and interpretation rules for terms used in the Act, including definitions of "civil customary law", "currency point", "magisterial area", "magistrate’s court", and "Minister", and rules for construing references to classes of magistrates and subordinate courts.

Magistrate’s courts and persons retain the right to observe and benefit from civil customary law when it is applicable and not repugnant to justice, equity or good conscience; parties cannot claim customary law where they have agreed their obligations are to be governed exclusively by another law; magistrate’s courts must be guided by principles of justice, equity and good conscience.

A magistrate may grant any appropriate remedy or relief in civil causes before a magistrate’s court; the text also states that law and equity shall be administered concurrently in such causes.

The Minister may, by statutory instrument and after consulting the Chief Justice, divide Uganda into magisterial areas for the purposes of this Act.

The Minister must establish magistrates courts in designated places in each magisterial area.

Lists the grades of magistrates and states that magistrates' powers and jurisdiction are determined by their grade; it also provides for appointment of the number of magistrates considered necessary by the Minister after consultation with the Chief Justice.

A magistrate’s court is regarded as properly constituted when a single magistrate lawfully empowered to adjudicate presides.

Every magistrate appointed under this Act is deemed appointed to and to have jurisdiction in every magisterial area; the Chief Justice has the power to assign a magistrate to a particular magisterial area or part of one.

A magistrate’s court may be held anywhere within its local jurisdiction, and may be held outside those limits with written authorisation from the Chief Justice if the interests of justice require it.

Every magistrate’s court shall have a chief registrar or registrar, who shall be under the immediate control and direction of the magistrate presiding over that court, subject to the general supervision and control of the Chief Justice.

The jurisdiction of a magistrate’s court must be exercised in conformity with the law that binds the High Court, subject to this Act and any other written law relating to the court or presiding magistrate.

Magistrates may require persons to enter into bonds for keeping the peace, may issue arrest warrants and send persons to empowered magistrates, and may detain persons sent under this section until inquiry completion.

The section describes a situation where a chief magistrate or a magistrate grade I has information that a person within the magistrate's jurisdiction (or even outside it) is consistently disseminating or attempting to disseminate material the magistrate considers likely to be dangerous to peace and order in Uganda, or is disseminating material about a judge that amounts to libel under the Penal Code Act.

When a chief magistrate or a magistrate grade I receives information that a person is concealing their presence with a view to committing an offence, or that a person in the area has no ostensible means of subsistence or cannot satisfactorily account for themselves.

When a chief magistrate or magistrate grade I receives information that a person habitually commits specified offences or is dangerous to the community, that information is the triggering circumstance described in the section.

When a magistrate acting under sections 12–15 requires a person to show cause, the magistrate must make a written order stating the information received, the bond amount, its term, and the details of any sureties.

If the person subject to the order is present in court, the order must be read to them or its substance explained if they desire.

If a person is not present in court the magistrate must issue a summons or, if the person is in custody, a warrant to bring them before the court; the magistrate may issue a warrant for arrest where there is recorded information (including a police report) showing reason to fear a breach of the peace and immediate arrest is necessary.

A copy of the order made under section 16 must accompany every summons or warrant issued under section 18, and the officer serving or executing it must deliver that copy to the person served with or arrested under it.

The magistrate may dispense with a person's personal attendance (if the magistrate sees sufficient cause) and may allow the person to appear by an advocate.

When certain orders or appearances under sections 16, 17 or 18 occur, the magistrate must inquire into the truth of the information and take any further evidence necessary, conducting the inquiry as nearly as practicable in the manner prescribed for trials before magistrates' courts.

If an inquiry shows security is necessary to keep the peace or maintain good behaviour, the magistrate must order the person to execute a bond; limits and safeguards on the bond and appeal rights are provided.

If, on inquiry under section 21, it is not proved that a bond is necessary for keeping the peace or good behaviour, the magistrate must record that fact and, if the person is only in custody for the inquiry release them, or if not in custody discharge them.

Specifies when the period for which security is required starts and allows a magistrate to fix a later date for sufficient reason.

Persons required to execute a bond must keep the peace or be of good behaviour; magistrates who learn of breaches must summon the person and sureties, inquire, and if satisfied may declare the bond forfeited and adjudge payment; aggrieved persons may appeal to the High Court.

A magistrate may refuse to accept a surety offered under preceding sections if, for reasons recorded by the magistrate, the surety is an unfit person; a person with a disability must not be regarded as unfit on the basis of the disability.

Persons ordered to give security who fail to do so by the commencement date may be committed or detained in prison; magistrates must issue a warrant where the security period exceeds one year and the High Court may make orders on the proceedings; imprisonment for failure to give security must not exceed three years; prison officers must refer tendered security to the magistrate.

A chief magistrate or magistrate grade I may order that a person imprisoned for failing to give security be discharged if the magistrate believes releasing them poses no hazard to the community.

The High Court may cancel any bond for keeping the peace or for good behaviour executed under preceding sections, at any time for sufficient reasons recorded in writing, by order of any court.

A surety may apply to a chief magistrate or magistrate grade I to cancel a bond; the magistrate must summons or warrant the bound person, cancel the bond, and order fresh security for the unexpired term.

Every magistrate’s court has authority to summon persons within its local jurisdiction charged with offences in Uganda and to deal with them according to its jurisdiction.

When an accused who committed an offence in one area is found in another, the magistrate's court where the accused is found must bring the accused before it and, unless authorised to proceed, must send the accused in custody to the court for the area where the offence was committed or require security for surrender.

If a person is to be sent in custody under section 32, the court where the person is found must issue a warrant; the warrant authorises the person to whom it is directed to receive, detain, carry and deliver the named person to the court where the offence was committed; that person must execute the warrant according to its tenor without delay.

Offences are ordinarily to be inquired into or tried by a court in the place where the offence was committed.

A court may inquire into or try an offence where something done or a consequence that ensued occurred within the court's local jurisdiction and a person is accused for that offence.

If an act is an offence because of its relation to another offence, a court may inquire into or try a charge of the first offence within the local limits of jurisdiction where either act occurred.

Lists circumstances in which the place of an offence is uncertain or spans multiple local areas (e.g. uncertain location among several local areas; partly in one area and partly in another; continuing offence across areas; several acts in different local areas).

A court may inquire into or try an offence committed while the offender was performing a journey, voyage or flight if the offender, the person affected, or the thing in respect of which the offence was committed passed through or into the court's local jurisdictional limits during that journey.

Courts with doubt may report to the High Court, and the High Court must decide which court will try the offence; an accused person may show lack of jurisdiction.

Court sittings are open to the public unless the magistrate orders exclusion; magistrate’s courts may sit on Sundays or public holidays where necessary, and a court should not sit on those days unless failing to do so would cause unreasonable delay, expense or inconvenience.

Gives the High Court power to transfer or change venue of criminal trials and sets procedural requirements for applications to exercise that power.

Magistrate's courts may release accused persons on bail except for listed serious offences; the High Court and chief magistrates have powers to increase, order, or reduce bail and commit to prison if new bonds are not executed.

If an accused has been remanded in custody beyond specified periods before trial, the magistrate before whom the accused first appears after that period must release the accused on bail on his or her own recognisance unless specified exceptions apply.

Section Considerations for bail Section When an application for bail is made, the court shall have regard to the following matters in deciding whether bail should be granted or refused— Where bail is not granted under section 75, the court

A court or officer may allow a person required to give a bond to deposit a specific article or money instead of executing a recognisance, except for bonds for good behaviour.

If insufficient sureties are accepted or become insufficient, the court may issue a warrant for arrest, order the person to find sufficient sureties, and if they fail, may commit them to prison.

Sureties may apply to a magistrate to be discharged from a bail bond; the magistrate must issue a warrant, bring the person released before the court or accept surrender, direct discharge of the bond, call for new sureties, and may commit the person to prison if they fail to find sureties.

If a surety to a bond dies before forfeiture, the surety's estate is discharged from liability; the party who gave the bond may be required to find a new surety.

A magistrate's court, on sworn information that a recognisance-bound person is about to leave Uganda, may order that person arrested and may commit them to prison until trial or inquiry, unless the court admits them to bail on further recognisance.

When a recognisance is proved to have been forfeited, the court must record the grounds, may call on the person bound to pay or show cause, may recover the penalty by warrant and the person may face imprisonment up to six months if the penalty is not paid and cannot be recovered.

Orders made by any magistrate under section 83 can be appealed to and may be revised by the High Court.

Section sets out how criminal proceedings may be instituted (by police, public prosecutor, or a private complainant), magistrate procedures upon receiving complaints, police investigatory duties when directed, a prohibition on warrantless arrests for non-cognisable offences, and that summonses or warrants may be issued on Sundays.

The Director of Public Prosecutions may take over, discontinue, assist with, and provide documents for private criminal proceedings instituted by persons other than a public prosecutor or a police officer under section 42.

Summons issued by a magistrate's court must be written, in duplicate, signed and sealed; must be directed to the person summoned and require them to appear at the appointed time and place before a court with jurisdiction; and must state shortly the offence charged.

Summons must be served by a police officer, an officer of the court issuing it, or another public servant; if practicable it should be served personally by delivering or tendering the duplicate; the person served must sign if required by the serving officer.

If a summons is left with a person, that person must sign a receipt on the back of the original summons when the serving officer requires it.

If personal service cannot be achieved with due diligence, the serving officer must affix a duplicate summons to a conspicuous part of the person's house or homestead, and the summons is then deemed duly served.

If the person summoned is in active Government or East African Community service, the court should send duplicate summons to the head of that office; the head must serve the summons as section 45 provides and return it signed with the required endorsement.

A summons on an incorporated company or other body corporate may be served by delivering it to the secretary, local manager or other principal officer of the corporation, or by registered letter to the chief officer at the registered office in Uganda; if sent by registered letter, service is deemed effected when the letter would arrive in the ordinary course of post.

A summons may be served at any place in Uganda.

If the officer who served a summons is not present at the hearing, or the summons was served outside the court's local limits, an affidavit made before a magistrate and the original endorsed summons shall be admissible in evidence; statements in the affidavit are deemed correct unless contradicted. If the original is not properly endorsed, the affidavit is admissible if the court is satisfied the summons was served in accordance with this Part.

Magistrates may dispense with an accused’s personal attendance for non-felony summonses if the accused pleads guilty in writing or appears by advocate; magistrates may later order or enforce attendance, issue summons or warrants and commit to prison if fines are unpaid or the accused fails to appear; costs of adjournment when attendance is later required are borne by the accused.

A corporation must appear in criminal proceedings before a magistrate’s court by an advocate or by any officer; an officer appearing for the corporation is deemed to have full authority and full power to represent it.

A warrant may be issued at any time before or after the time appointed in the summons for the appearance of the accused.

If an accused individual (not a corporation) fails to appear as summoned and personal attendance hasn't been dispensed with under section 52, the court may issue a warrant to apprehend and bring that person before the court; where a corporation fails to appear the court may summon an officer and, if the officer fails to attend, deal with them under subsection (1); a warrant for arrest shall not be issued unless the court is satisfied by oath that the summons was duly served; "officer of the corporation" is defined.

Warrants of arrest must be signed by the issuing magistrate, bear the court seal, state the offence and identify the person, order apprehension and presentation to a court, and remain in force until executed or cancelled by the issuing court.

A magistrate’s court (except for death-penalty offences) may endorse a warrant to allow release on bond with sureties; the officer to whom the warrant is directed must take that security and release the person, and must forward the bond to the court.

A warrant of arrest may be directed to named police officers or chiefs or generally to all; a court may direct it to another person if immediate execution is necessary and no officer is available, and that person must execute it; where multiple addressees are named, any or all may execute the warrant.

A chief magistrate may direct a warrant to a landholder, farmer or manager of land for arrest; that person must acknowledge receipt in writing and execute the warrant if the person named is on their land.

If a warrant is directed to a police officer, another police officer whose name is endorsed on the warrant may execute it; similarly, a warrant directed to a chief may be executed by another chief whose name is endorsed on the warrant.

A police officer or other person executing an arrest warrant must notify the person of the substance of the warrant, show the warrant if required, and, subject to section 57 and without unnecessary delay, bring the arrested person before the appropriate court.

A warrant of arrest may be executed at any place in Uganda.

When a warrant is executed outside the issuing court's local limits, the person arrested must be taken before the local magistrate unless certain proximity or security exceptions apply; that magistrate must either send the person to the issuing court if identified or take bail/security and forward the bond in specified cases; police may take security under section 57.

If a variance in a warrant deceives or misleads the accused, the court may, at the accused's request, adjourn the hearing and in the meantime remand the accused or admit them to bail.

A magistrate may require a person present in court, for whom a summons or warrant could be issued, to execute a bond (with or without sureties) for their appearance.

If a person bound by a bond to appear in court does not appear, the magistrate presiding in that court may issue a warrant for that person's arrest and production.

A magistrate may order the officer in charge of a prison to bring a prisoner before the court; if the prison is outside the court's local limits the court must send the order for endorsement to a local magistrate; the officer must comply and ensure the prisoner's safe custody while absent.

A justice of the peace may exercise a magistrate's or court's powers to issue or endorse a summons or warrant, and the Part's provisions about summonses and warrants apply to every summons and warrant so far as possible.

Any police officer may, when they have reason to believe material evidence may be obtained in connection with an offence for which an arrest has been made or authorised, search the dwelling or place of business of the arrested person (or the person for whom the arrest warrant was issued) and may take possession of anything that might reasonably be used as evidence in criminal proceedings.

A magistrate’s court may, on oath and reasonable suspicion that relevant items are in a named place, issue a search warrant authorising a person to search that place and seize items found and bring them before a court.

Search warrants may be issued and executed on a Sunday; they must be executed between sunrise and sunset unless a court, by warrant, authorises the police officer or other addressee to execute at any hour.

Persons residing in or in charge of a closed place must, on demand and on production of a search warrant, allow free ingress and egress and provide reasonable facilities for a search; if ingress/egress cannot be obtained the police officer or person executing the warrant may proceed as prescribed by section 3 or 4 of the Criminal Procedure Code Act.

The court may order seized property to be further detained for appeal or trial; if there is no appeal and no person committed for trial, the court must restore the property to the person it was taken from unless it is authorised or chooses to dispose of it otherwise.

Sections 56(1) and (3), 58, 60 and 62 apply, so far as may be, to all search warrants issued under section 70.

A charge must include a statement of the specific offence(s) and particulars necessary to give reasonable information about the nature of the offence charged.

Section Joinder of counts Section Any offences, whether felonies or misdemeanours, may be charged together in the same charge if the offences charged are founded on the same facts or form or are a part of a series of offences of the same

Persons described in the listed categories may be joined in one charge and tried together.

Sets mandatory rules for how charges and counts must be framed: each count must start with a brief statement of the offence; that statement must be in ordinary language and may need to reference the enactment section; particulars follow in ordinary language; a properly framed charge is not open to objection on form or content.

A person once tried and convicted or acquitted for an offence may not be tried again for the same offence while that conviction or acquittal stands.

A person convicted or acquitted of any offence may afterwards be tried for any other offence with which they might have been charged on the former trial under section 86(1).

A person who was convicted or acquitted of an act that later produces consequences making a different offence may be tried later for that different offence if those consequences had not happened or were not known to the court at the earlier trial.

A person previously convicted or acquitted may still be charged and tried for another offence based on the same acts if the first court lacked competence to try the subsequent offence.

Sets out how a previous conviction or acquittal may be proved in any trial or proceeding under the Act and states that certain certificates are prima facie evidence of the facts they assert.

Magistrates courts may summon, examine, recall and re-examine witnesses at any stage; the court must summon or recall a witness if their evidence is essential, parties have a right to cross-examine, and the court must adjourn if needed to allow adequate preparation when prejudice may result.

Witnesses in magistrate’s court criminal matters must be examined on oath; courts may administer oaths, allow solemn affirmations for those objecting on religious grounds, receive unsworn evidence from young children if they understand truth-telling, and prosecution-only child evidence must be corroborated before conviction.

If a person who was required to give evidence again refuses when brought before the court, the court may adjourn the case and commit that person for successive like periods until they comply.

Documents purporting to be reports by Government ballistics experts, Government analysts, or Government geologists may be used as evidence; the court may presume certain facts about such reports (signature genuineness, office held by signer, and that the matter was duly submitted if delivered to the specified office or laboratory).

If an accused has absconded and cannot be arrested immediately, the competent magistrate’s court may examine prosecution witnesses in the accused’s absence and record their depositions; the High Court may direct inquiries by magistrates where serious unknown offenders are suspected.

A chief magistrate may issue a commission to another magistrate to take a witness's evidence when necessary and attendance would cause unreasonable delay, expense or inconvenience; the commissioned magistrate must obtain the evidence and may exercise the same powers as at a trial.

Parties to proceedings where a commission is issued may send written interrogatories; the magistrate must examine the witness on those interrogatories; parties may appear (by advocate or personally if not in custody) and examine, cross-examine and re-examine the witness.

A magistrate (other than a chief magistrate) must apply to a chief magistrate for a commission to examine a witness when the witness’s attendance cannot be procured without unreasonable delay, expense or inconvenience.

After a commission under section 105 or 107 is executed, the commission and the deposition must be returned to the issuing court; the commission, its return and the deposition are open for inspection and may, subject to just exceptions, be read in evidence by either party and shall form part of the record; a deposition meeting Evidence Act section 31 may be received in evidence later by another court.

Proceedings may be adjourned for a reasonable period to allow a commission issued under section 105 or 107 to be executed and returned.

People charged with an offence are competent witnesses for the defence and have related protections and procedural rules.

If the person charged is the only witness called by the defence, that person must be called as a witness immediately after the close of the prosecution's evidence.

When the right of reply depends on whether defence evidence was called, the prosecution does not automatically get a right of reply just because the accused was called as a witness; however, the Attorney General or Solicitor General personally appearing for the prosecution always has the right of reply.

A magistrate’s court may summon a person to attend and produce documents or things for evidence; exhibits produced may be retained by the court for 30 days after the trial and longer during appeal.

If a witness, without sufficient excuse, fails to appear after being properly served, the court may issue a warrant to bring the witness before the court.

If the court is satisfied on oath that a person will not attend unless compelled, the court may immediately issue a warrant for that person's arrest and production before the court.

If a witness is arrested under a warrant, the court may release the witness if they furnish security by recognisance satisfactory to the court for appearance; if they fail to do so the court shall order them detained for production at the hearing.

A magistrate’s court may order a prisoner to be brought for examination; the court must send orders beyond its local limits for endorsement; the officer in charge must comply and keep the prisoner in safe custody.

A person summoned as a witness must attend as required by the summons and must not depart without the court's permission; failure without lawful excuse may lead to a fine up to twenty currency points, enforced by sale of movable property or, if not recovered, imprisonment for fifteen days; the High Court may remit or reduce fines for good cause.

If a magistrate’s court suspects an accused is mentally ill and cannot defend themself, the court must investigate; if satisfied, it must postpone proceedings and either release the accused on sufficient security (if bail is available) or detain them and send the record to the Minister, who may order confinement by warrant.

If a detained person is certified by the medical officer in charge as capable of making a defence, the medical officer must immediately forward a certificate to the Director of Public Prosecutions; the Director must inform the recording court whether the State intends to continue proceedings; if the State intends to continue the court must order removal and bring the person in custody, otherwise the court must order immediate release.

The court may resume postponed proceedings (subject to section 114), may require the accused to appear, and if it finds the accused still incapable must treat them as if brought before it for the first time.

If the accused appears of sound mind at preliminary proceedings, the court must proceed with the proceedings and commit the accused for trial even if an allegation of insanity at the time of the offence is made.

When a defendant is found to have been insane at the time of the offence, the court must find them not guilty by reason of insanity, report to the Minister, and keep the accused detained as a criminal lunatic; the Minister and specified officials have powers to order confinement, transfers, reports, discharge or other dealings.

If an accused cannot understand proceedings, magistrates’ courts must hear available evidence and may detain or commit the accused; courts must send records to the Minister, who may vary orders or order detention or release after considering the record.

If the prosecutor (after having had notice) does not appear at the magistrate’s court hearing, the court shall dismiss the charge unless it adjourns; if adjourned, the court may admit to bail, remand to prison, or take security. Dismissal does not bar later proceedings on the same facts.

If at the appointed hearing both the prosecutor and the accused appear (or the prosecutor appears and the accused's attendance has been dispensed with under section 52), the court must proceed to hear the case.

A prosecutor may withdraw prosecution in a magistrate's court with the court's consent or on the Director of Public Prosecutions' instructions before judgment.

The court may adjourn hearings on due application if sufficient cause is shown; when a hearing of evidence has begun the trial must proceed day-to-day except where an adjournment beyond the following day is recorded as necessary; when a hearing is adjourned the court must set the time and place for resumption and may release, remand or grant recognisance to the accused, subject to limits on adjournment length.

If the court decides to try an accused person in their absence, the court must make provision to inform the accused of what occurred at the trial and to enable their defence.

The court must state the charge to the accused, ask whether they admit or deny it, record admissions or pleas, convict when admitted unless sufficient cause appears, enter not guilty if the accused refuses to plead, and determine the truth of pleas of prior conviction, acquittal or pardon.

If an accused served with a summons for certain petty offences does not appear, the magistrate may hear the prosecution in the accused's absence and, if satisfied, convict and sentence, but must not impose imprisonment or a fine greater than fifty currency points; the court may set aside such a conviction if absence was beyond the accused's control and there was a probable defence.

If the accused does not admit the charge, the court must hear the prosecution's evidence; the accused or their advocate may question prosecution witnesses; if unrepresented, the court must ask and record whether the accused wishes to question each witness.

If, at the close of the prosecution's evidence, the court finds there is no case to answer, the court must dismiss the case and acquit the accused.

When the court finds that the prosecution has made out a case requiring a defence, the court must explain the charge again, inform the accused of their right to give evidence on oath (with risk of cross-examination) or to make an unsworn statement from the dock, ask if the accused has witnesses or other evidence, and then hear the accused and their witnesses and other evidence.

If the court declares a party's witness hostile, the court may allow that party to examine their witness as if it were cross-examination and may set the order of examination by other parties.

If the accused introduces new matter in defence that the prosecutor could not reasonably have foreseen, the court may permit the prosecutor to present evidence in reply to contradict that new matter.

Prosecutor and accused may address the court at the start of their cases; after the accused’s case the accused may address and the prosecutor may reply; limited rights of reply apply when the accused adduces no or only self-evidence; the court may allow others to address on an issue of law; advocates may exercise these rights for those they represent.

When, during a trial, the evidence shows a different offence, a defective charge, or the accused wishes to plead to a different offence, the magistrate’s court must call on the accused to plead; the accused may recall witnesses and give further evidence; the prosecution may re-examine; the court shall adjourn if the accused is prejudiced and must inform the accused of these rights; the court may order prosecution to pay costs caused by altering the charge.

The court may make inquiries about the accused's character and antecedents before sentencing and may take those into account; after hearing evidence the court must convict and sentence, make an order, or acquit; the accused must be given an opportunity to address statements; the court must ignore unproven statements in doubt; an accused can agree to consider unconvicted offences if recorded; an accused is not entitled to plead autrefois convict if sentence is set aside for offences used in assessment.

A conviction or order must be signed by the court that made it or by the clerk or other officer of the court.

Judgments in criminal trials in a magistrate’s court must be pronounced or their substance explained in open court either immediately after the trial or at a later notified time; the magistrate must read the whole judgment if requested. The accused must attend to hear judgment (or be brought if in custody), except where attendance was dispensed with and the sentence is a fine only or the accused is acquitted.

Judgments under section 135 must be written or reduced to writing under the magistrate's personal direction and superintendence, and must be dated and signed by the magistrate; transcriptions recorded in shorthand or mechanically must be signed by the magistrate.

All evidence in proceedings must be taken in the presence of the accused, or if the accused’s personal attendance has been dispensed with, in the presence of the accused’s advocate (if any).

Magistrates must take down witness evidence in writing in the court language and include it in the record; it should ordinarily be a narrative rather than Q&A, though the magistrate may record particular Q&A; the Chief Justice may make rules on how evidence is recorded.

When evidence is given in a language the accused (or the accused's advocate) does not understand, that evidence must be interpreted into a language they understand (interpreted to the accused in open court; interpreted to an advocate in English).

When documents are submitted for formal proof, the court has the discretion to interpret the necessary parts of those documents.

A magistrate must record each witness's sex and approximate age, and may record remarks about the witness's demeanour while under examination.

A chief magistrate or magistrate grade I with jurisdiction may try certain minor offences without recording evidence, but must record specified particulars in a form directed by the Chief Justice; if the magistrate considers the case unsuitable for summary procedure they must recall witnesses and rehear the case by ordinary procedure.

Magistrates trying petty cases must record specified case particulars; they may try offences with prosecution consent; they must record and (on request or direction) transmit notes on questions of law; the Minister determines petty sessional magistrate remuneration after consulting the Treasury.

When a magistrate who recorded whole or part of the evidence ceases to exercise jurisdiction and is succeeded, the succeeding magistrate may act on that recorded evidence or re-summon witnesses and recommence the trial; the accused may demand re‑summoning and rehearing of witnesses when the second magistrate begins; the High Court may set aside convictions based on evidence not wholly recorded by the convicting magistrate if the accused was materially prejudiced and may order a new inquiry or trial; where a magistrate ceases to exercise jurisdiction after judgment but before sentence, the succeeding magistrate may sentence or make any order the original could have made.

If a charged offence is shown by the facts to be a lesser related offence, the person charged may be convicted of that lesser offence even if not originally charged with it.

If a person is charged with an offence, the person may be convicted of having attempted to commit that offence even if they were not charged with the attempt.

A person charged with an offence may be convicted as an accessory after the fact to that offence even if they were not charged with the accessory offence.

The court may convict a person of alternative offences (killing an unborn child; offences under sections 133 or 134; or endeavouring to conceal the birth) even if they were not charged with those offences, when the court forms the specified opinions based on the evidence.

A person charged with manslaughter connected to driving may instead be convicted of an offence under section 100 of the Traffic and Road Safety Act even if they were not charged with that offence and regardless of section 150 requirements.

A person charged with rape may be convicted of an offence under section 118, 119, 124 or 141 of the Penal Code Act if the court finds he is not guilty of rape but has committed one of those offences.

If a person is charged under section 138 and the court finds he did not commit that offence but did commit an offence under section 116 or 119, the court may convict him of that offence even though he was not charged with it.

If a person is charged with defilement of a girl under eighteen and the court finds he is not guilty of that offence but committed an offence under section 115 or 121 of the Penal Code Act, he may be convicted of that offence even though he was not charged with it.

If the court finds a person charged under sections 275, 276, 277, 278 or 280 not guilty of that charge but finds they committed an offence under any other of those sections, the court may convict the person of that other offence even though they were not charged with it.

When a person is charged with stealing, they may be convicted of receiving, retaining, obtaining by false pretences, or possessing or conveying stolen property even if not charged with those offences.

If a person charged with obtaining property by false pretences is proved to have actually stolen it, that person may be convicted of stealing even if not charged with stealing.

Sections 145–155 are to be read as additional to, and not derogating from, other written law and other provisions of this Act; sections 146–155 are without prejudice to the generality of section 145.

If facts proven at a misdemeanour trial amount to a felony, the accused is not to be acquitted of the misdemeanour; persons tried for that misdemeanour are not liable to be prosecuted for the felony on the same facts unless the court exercises its discretion to refrain from recording a finding and direct prosecution for felony.

A person accused before a magistrate’s court has the right to be defended by an advocate.

Magistrate’s courts must not try offences with maximum punishment not exceeding six months' imprisonment or a fine of twelve currency points unless the charge or complaint is laid within twelve months of when the matter arose, except where a longer time is specially allowed by law.

In criminal cases, a magistrate’s court may promote reconciliation and encourage settlement of certain personal or private offences and may order the proceedings to be stayed.

Magistrates courts may reserve questions of law for the High Court and must do so if the Director of Public Prosecutions applies; the magistrate must record and transmit the reserved question, the High Court must decide and remit its opinion, the magistrate must then dispose of the case accordingly, parties have no right to be heard before the High Court on that question though the High Court may hear parties if it thinks fit.

Sets which grades of magistrates’ courts may try offences and limits their jurisdiction (chief magistrate; magistrate grade I; magistrate grade II) and excludes robbery and specified high‑penalty offences or Schedule 2 items.

On conviction and subject to any limitations, specified magistrates may pass sentences or impose fines within stated maximums, and a magistrate’s court may make authorised orders.

A magistrate grade I may, on conviction, sentence a person to preventive detention under the Habitual Criminals (Preventive Detention) Act; however, the combined term of preventive detention and any additional imprisonment must not exceed ten years.

Magistrates' and chief magistrates' courts may commit offenders for higher sentencing; committing courts must transmit records without delay; warrants authorize prison officers to detain.

When an offender has been committed for sentence under section 164, the court must inquire into the circumstances and, subject to any limitation in written law, has power to deal with the offender as if convicted by that court.

If a charge is brought in a court without jurisdiction, the magistrate must remand the accused in custody to appear before a court that has jurisdiction.

When the Director of Public Prosecutions believes a case before a magistrate should be tried by a superior court and applies before the close of the prosecution case, the magistrate must stop further proceedings and remand the accused in custody to appear before a superior court.

When a person charged with an offence to be tried by the High Court appears before a magistrate, the Director of Public Prosecutions must file an indictment and summary in the magistrate’s court; the magistrate must give the accused copies, read and explain the indictment and summary in a language understood and commit the accused for trial by the High Court transmitting copies to the High Court registrar.

The Director of Public Prosecutions has discretion to decide which offences under section 168 will be proceeded with for trial in the High Court or tried by a magistrate’s court.

If during a trial before a magistrate other than a chief magistrate the evidence shows the case should be tried by another magistrate, that magistrate must stop proceedings and send the case with a brief report to the chief magistrate having jurisdiction.

A chief magistrate may transfer cases within the chief magistrate's magisterial area or direct another magistrate to transfer a case to a magistrate competent to try the accused.

A magistrate’s court may pass any lawful sentence that combines sentences it is authorised by law to pass.

If a magistrate’s court (other than one presided over by a chief magistrate) imposes certain sentences, those sentences must be confirmed by the High Court.

A magistrate’s court may release a sentenced person on bail pending confirmation; if not released the person must start serving the sentence unless they elect to postpone, in which case they are remanded pending confirmation; the High Court has corresponding confirmation powers and may release the person pending its decision.

When a person is convicted at one trial of two or more distinct offences, the court may impose the several punishments for those offences and may order them to run consecutively or direct that they run concurrently; in the case of consecutive sentences the court is not required to send the offender for trial before a higher court even if the aggregate exceeds the single‑offence maximum.

A magistrate must issue a warrant ordering imprisonment to be carried out in any Uganda prison; that warrant is full authority for the prison officer and others to implement the sentence (except death sentences).

Sentences of imprisonment must normally be served in Government- or district-administered prisons; for short sentences not exceeding fourteen days the court may order them to be served in any suitable place.

Persons liable to imprisonment may be sentenced to a shorter term than life or may be sentenced to pay a fine either in addition to or instead of imprisonment.

Magistrates' courts must consider the offender's means when fixing fines; courts may sentence fines (with or without imprisonment), direct imprisonment for non-payment, and levy by distress, subject to limits on default imprisonment and a recorded-reasons exception to issuing distress warrants after full default imprisonment.

When a court imposes a fine and sentences a person to imprisonment in default, the court must allow the offender at least thirty days to pay the fine or first installment and may order payment in one sum or by instalments, direct deductions from salary subject to a half‑salary cap, defer imprisonment, and commit to prison on default after inquiry.

When a magistrate’s court orders money to be paid, the money may be levied by distress and sale on the payer's movable and immovable property; the person ordered to pay may pay or tender the sum to the executing officer, and upon payment the officer shall cease execution; a warrant may be executed within the issuing court's local limits and, if endorsed by a magistrate where the property is found, may authorise distress and sale outside those limits.

If an officer executing a distress warrant reports there is no (or insufficient) property to levy, the court may require the debtor to appear and may sentence that person to imprisonment under the scale in section 179.

A person committed for non-payment may pay the sum mentioned in the warrant to the person in whose custody they are, and that person must discharge them if they are in custody for no other matter.

If a prisoner committed for non-payment pays any sum in part satisfaction, the imprisonment period is reduced proportionally; the prison officer must, on the prisoner s application, take the prisoner before a court, and the court must certify the reduction and make any necessary order.

The court may, if it thinks fit and under specified conditions, issue process to bring a person before it and sentence that person to imprisonment instead of or after distress and sale of property.

A person claiming an interest in property attached under a warrant may, before the court receives sale proceeds, give written notice setting out the claim and file an affidavit of the value; upon receipt the court must stay execution, direct the objector to appear, investigate the claim and may hear evidence, and if the objector fails to appear or establish the claim the court shall order attachment and execution to proceed.

A warrant for executing a sentence may be issued by the magistrate who passed the sentence or by that magistrate's successor in office.

A court must not commit a person for non-payment for longer than twelve months, unless a law under which the conviction occurred permits a longer period.

A magistrate 27s court that finds the charge proved but considers punishment inexpedient may either dismiss the charge without proceeding to conviction or convict and caution the accused; a dismissal order is treated as a conviction for specified purposes.

A magistrate’s court may discharge a convicted person instead of passing sentence if the person enters into a recognisance, subject to conditions including appearing for judgment within twelve months and keeping the peace and being of good behaviour.

Sentences of imprisonment run consecutively by default; the court may order concurrent execution except it cannot order concurrency for imprisonment imposed in default of payment of a fine under section 179(c)(i); the court may order fines to be noncumulative when multiple fines are imposed at the same time.

If an escaped convict is sentenced under this Act, a fine takes effect immediately but a custodial sentence does not take effect until the period of imprisonment remaining at the date of escape has been served.

Persons subject to police supervision must be issued identity cards on discharge, report and notify residence as prescribed; courts must order police supervision (up to five years after sentence); non‑compliance is an offence punishable by up to two years' imprisonment; the Minister may make rules by statutory instrument.

A court may order payment of costs in specified circumstances (e.g. convicted persons to prosecutors; prosecutors to acquitted persons where prosecution lacked reasonable grounds; costs in interlocutory matters where application lacked proper grounds; withdrawn prosecutions under section 121), and an appeal court may vary cost orders made by a lower court.

If a magistrate’s court, on dismissing a private prosecution, considers the charge frivolous or vexatious, the court may order the private prosecutor to pay the accused a reasonable sum as compensation in addition to costs.

A magistrate’s court may order a convicted person to pay fair compensation to a person who suffered material loss or personal injury as a result of the offence; courts hearing related civil suits must account for sums already paid under this section; courts can award compensation to bona fide purchasers in specified Penal Code Chapter offences.

If a person ordered to pay costs or compensation fails to pay, the court may issue process for the person's appearance and may sentence the person to imprisonment in accordance with sections 182 or 185; provisions about imprisonment in default of distress in section 180 then apply.

Magistrate’s courts may order that all or part of a fine be used to defray prosecution expenses or to pay compensation; when a later civil suit awards compensation, the court must account for any sum already paid under this section.

When property is taken from a person apprehended for an offence, the magistrate’s court may order that the property (or part of it) be restored to the person entitled, or restored to the accused or another person they direct, or applied to pay a fine, costs, or compensation.

The court that convicts an offender has power to order restitution of stolen property; the court may order repayment to an innocent purchaser under conditions; aggrieved persons may appeal to the High Court; the Chief Justice may make rules for custody of property pending suspension.

Magistrate's court may order disposal (forfeiture/confiscation/destruction/delivery) of property produced in proceedings; prosecutor must produce property after conviction when no evidence was called; court has power to keep or sell property and hold proceeds until a right is established; unclaimed proceeds after six months paid to Consolidated Fund.

Defines “property” for sections 200 and 201 to include original property, property converted or exchanged from it, and anything acquired by that conversion or exchange.

Sets who may appeal magistrates’ court decisions and limits grounds for appeal.

An appellant may apply for bail before the appeal is determined; the appellant court may grant bail.

Magistrates' courts have defined civil monetary jurisdiction limits: chief magistrates up to fifty million shillings (and unlimited for conversion, damage to property or trespass), magistrates grade I up to twenty million shillings, and magistrates grade II up to five hundred thousand shillings; plaintiffs must state the claimed value in the plaint and the court may correct it.

Magistrate’s courts must have jurisdiction to try civil suits unless their cognisance is expressly or impliedly barred.

Magistrate’s courts must not try a case if the same matter is directly and substantially already in issue in an earlier suit between the same parties (or their claimants) that is pending in any court able to grant the relief.

Courts must not try a suit or issue if the same matter was already directly and substantially in issue and finally decided between the same parties (res judicata).

If a plaintiff is precluded by rules from bringing another suit for a particular cause of action, the plaintiff is not entitled to bring that suit.

This section defines "property" as property situate in Uganda and lists categories of suits that are subject to pecuniary or other limits prescribed by law.

A suit for relief or compensation in respect of immovable property that is situated in the local limits of different courts may be instituted in any court within whose local limits any portion of the property is situate, provided the entire claim is cognisable by that court in respect of the value of the subject matter.

If a wrong to a person or movable property occurs within one court's local limits and the defendant resides or carries on business or works for gain within another court's local limits, the plaintiff may choose to institute the suit in either court.

Subject to the limitations under this Part, every suit shall be instituted in a court within the local limits of whose jurisdiction the specified venue connections (such as where a defendant resides, carries on business, works for gain, where the contract was made or to be performed, or where money was payable) exist.

No objection to the place of suing is allowed on appeal unless it was taken in the court of first instance or there has been a consequent failure of justice.

A defendant (after notice to other parties) or the court on its own motion may apply to the High Court to transfer a suit to another court; the High Court must decide which court will proceed after considering objections.

The High Court may, at any stage and either on application (with notice and hearing) or of its own motion (without notice), withdraw or transfer suits and other proceedings to or from magistrates' courts or subordinate courts, and may try or dispose of transferred or withdrawn proceedings.

Suits or appeals in magistrates courts (grade I and II) must be instituted and proceeded with according to the prescribed rules (for grade I, rules applicable to High Court suits and appeals; for grade II, the rules in Schedule 3).

Provides which magistrate-court decisions may be appealed and sets rules for leave to appeal, including time limits of 30 days to apply to the chief magistrate and 14 days to apply to the High Court after refusal.

A chief magistrate must supervise magistrates' courts in their area, may examine records of inferior magistrates' courts, must forward records to the High Court if they find proceedings illegal or irregular, and may release imprisoned persons on bail pending High Court determination when forwarding such records and in the interests of justice.

Every magistrate’s court must use the court seal as directed by the Chief Justice.

The Director of Public Prosecutions may appoint public prosecutors (generally, for specified classes of cases, or in local areas) and may appoint advocates or public servants as prosecutors by written appointment; public prosecutors must follow the Director's express directions.

A public prosecutor may appear and plead without written authority before courts for cases they have charge of; if a private person instructs an advocate to prosecute, the public prosecutor may conduct the prosecution, and the instructed advocate must act under the prosecutor's directions.

Bank managers or authorised bank officers must supply copies or deliver originals of documents in the bank's custody to the Director of Public Prosecutions or an authorised police officer on written request; certified copies may be treated as the original.

A magistrate trying a case may permit any person to conduct a prosecution; persons other than a public prosecutor or an officer authorised by the Director of Public Prosecutions are not entitled to conduct prosecutions without permission; anyone conducting a prosecution may do so personally or by an advocate.

The Chief Justice may, by statutory instrument, make rules prescribing several procedural matters (registrars' functions and duties; distribution of business between magistrates and magistrates courts; custody of money paid into court or recovered under written law; and returns to be supplied by magistrates courts).

The Minister responsible for finance may amend Schedule 1 by statutory instrument with Cabinet approval; the Minister may amend Schedules 2 and 3 by statutory instrument after consulting the Chief Justice.

Provisions that previously provided for an appeal to the High Court must be read as providing for an appeal to the appropriate court under this Act.

If this Act makes provision on a matter, the corresponding parts of the Criminal Procedure Code Act and the Civil Procedure Act stop having effect for magistrates courts.