Poor Persons Defence Act

Provides definitions for terms used in the Act: certifying officer; currency point; Minister; prisoner; trial judge.

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Chapter 22
Version: 31 Dec 2023
Language: en
Official source: View official record ↗

Source attribution: Source: Uganda Legal Information Institute

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Provides definitions for terms used in the Act: certifying officer; currency point; Minister; prisoner; trial judge. A certifying officer is referenced in connection with the committal of the prisoner for trial. Remuneration for an advocate is payable from money provided by Parliament; the trial judge must determine the remuneration and must consider case complexity and trial duration; the amount is capped by subsection (3) and the Minister may vary that amount by statutory instrument in consultation with the Chief Justice. Provides for payment of travelling expenses (excluding hotel expenses) incurred by an advocate and for prescribing the terms and conditions under which those payments are made. The Minister may amend the Schedule to this Act by statutory instrument with the approval of Cabinet.

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Provisions of Poor Persons Defence Act

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1. Interpretation
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Provides definitions for terms used in the Act: certifying officer; currency point; Minister; prisoner; trial judge.

Section 1. Interpretation Section 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.
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2. Provision of legal aid
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A certifying officer is referenced in connection with the committal of the prisoner for trial.

Section 2. Provision of legal aid Section a certifying officer , upon the committal of the prisoner for trial; or
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3. Remuneration of advocate
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Remuneration for an advocate is payable from money provided by Parliament; the trial judge must determine the remuneration and must consider case complexity and trial duration; the amount is capped by subsection (3) and the Minister may vary that amount by statutory instrument in consultation with the Chief Justice.

Section 3. Remuneration of advocate Section 3(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 . Section 3(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. Section 3(3) The amount of remuneration to be determined under this section shall not exceed fifty currency points. Section 3(4) The Minister may, by statutory instrument, in consultation with the Chief Justice, vary the amount prescribed by subsection (3) .
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4. Power to make rules
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Provides for payment of travelling expenses (excluding hotel expenses) incurred by an advocate and for prescribing the terms and conditions under which those payments are made.

Section 4. Power to make rules Section 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
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5. Power to amend Schedule
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The Minister may amend the Schedule to this Act by statutory instrument with the approval of Cabinet.

Section 5. Power to amend Schedule Section The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act.

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Poor Persons Defence Act

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