Uganda Peoples’ Defence Forces Act

This section provides definitions (interpretation) of terms used in the Act, listing specific meanings for expressions such as “active service”, “advocate” and “aircraft”.

Accused officers or militants tried by summary trial must be given a proper opportunity to prepare and must be informed at least twenty-four hours before trial; they have rights to elect court martial, to give evidence or remain silent, and summary trial authority has powers to dismiss charges, examine witnesses and remand for further proceedings.

A summary trial authority has powers to set aside sentences imposed at summary trials, grant clemency, mitigate punishment, and suspend all or part of a punishment.

The summary trial authority must endorse the appeal to their commanding officer or immediate superior in command and must include specified supporting materials (statement of facts, documents and witness statements, and a copy of the appellant’s conduct sheet).

On appeal under section 205 the commanding officer or immediate superior must refer the appeal to an advocate for advice; the advocate or the Commander-in-Chief may, if necessary, take corrective action or order a retrial.

Proceedings before a unit disciplinary committee or court martial must, as far as is practicable, follow the rules of evidence and procedure used in civil courts, except where the Act or its regulations expressly provide otherwise.

A person alleged to have committed a service offence may be charged, dealt with and tried under military law whether the offence was committed in Uganda or outside Uganda.

People alleged to have committed a service offence may be charged, dealt with and tried under this Act either in Uganda or outside Uganda.

Military courts must hold public trials and admit the public where accommodation permits; the military court may exclude the public for public safety, defence or public morals and must record any such order; a witness is not admitted until called or by specific leave of the military court; the court may require a witness to withdraw after giving evidence.

A military court may view any place, thing, or person when it considers it necessary.

Commanding officers and military courts must take necessary steps to procure requested witnesses when attendance can reasonably be procured; accused persons may need to pay witness fees in advance when their request is deemed frivolous and may be reimbursed if the witness's evidence is relevant.

If a military court finds that an accused is unfit for trial by reason of insanity, the court must so find; where evidence apart from insanity supports guilt but the accused was insane at the time, the court must find guilt but insanity; the Minister may make rules for safe custody and must consult the Minister responsible for justice when discharging functions under this section.

A person who had the charge dismissed or was tried (guilty or not guilty) by a military or civil court shall not be tried again by any court for that offence or any other offence arising from it, except a new trial ordered under section 234 or 238.

Proceedings under this Act before a military court or a board of inquiry (where evidence is given on oath or by solemn affirmation) are to be treated as judicial proceedings for the purposes of Chapter X of the Penal Code Act concerning offences relating to the administration of justice.

After conviction or acquittal, a military court may make any order that a civil criminal court may make; a unit disciplinary committee or court martial may enforce such an order in the same way civil courts do.

A military court may grant bail to a person charged with a service offence, subject to sections 229 and 246 and using the same considerations as civil courts.

If the Act or its regulations do not provide for a case, a summary trial authority must adopt the course most likely to do justice.

Requires a code of conduct to guide and discipline members of the Defence Forces as set out in Schedule 7.

The section lists categories of persons who shall be subject to military law, including officers and militants of regular and reserve forces, persons accompanying or serving with Defence Forces under certain arrangements or engagements, and others specified in the provision.

Soldiers, members of the Defence Forces and members of the public may, without warrant, arrest members of the Defence Forces in specified circumstances; the commanding officer is ordinarily the arresting officer; authorised arresting persons may use reasonably necessary force.

Search of members or premises

An officer or militant appointed under regulations may detain or arrest without a warrant persons subject to military law who are alleged to have committed service offences, and may exercise other powers prescribed for enforcement of military law.

Officers or militants who receive or arrest persons must record and deliver written statements, generally within 24 hours, and reporting officers must provide particulars if no statement is received.

Persons subject to military law must provide timely written statements when they commit or are given custody of an arrested person and must release another person under arrest when it is their duty; failure to do so is an offence punishable by up to two years' imprisonment.

Commanding officers must report reasons for delay and release prisoners on conditional bond after 72 hours; detained persons may petition after 28 days; commanding officers must free persons after 90 days unless trial has commenced; freed persons are protected from re-arrest except by written order of the Chief of Defence Forces.

Lists punishments that may be imposed for service offences and sets rules on how they are applied (including that a military court may impose lesser terms, dismissal with disgrace bars future military service except in emergency or if set aside, detention limits, reduction in rank rules, and that fines may not exceed four months’ pay).

If imprisonment is to be executed, the service prisoner must be committed to a civil prison as soon as practicable; if detention is to be executed, the service detainee must be committed to a military detention barracks or another place the court directs as soon as practicable.

A military court may, by order, temporarily remove a service prisoner or service detainee from the place of committal for a period specified in the order.

A service prisoner undergoing punishment in a civil prison must be dealt with in the same manner as other prisoners and the rules applicable to a person sentenced by a civil court to imprisonment, including rules for remission for good conduct, apply insofar as circumstances permit.

Custody of a service prisoner or detainee is not made illegal solely due to informality or error in related warrant/order documents; such documents may be amended at any time by the issuing authority or any authority empowered to issue similar documents.

Superintendents or other persons in charge of a civil prison must take cognisance of warrants of committal, receive and detain offenders, carry out death sentences when applicable, and confine offenders until discharged or delivered in due course of law.

A party to proceedings before a unit disciplinary committee or court martial (other than a field court martial) who is not satisfied with its decision has the right to appeal to an appellate court.

The unit disciplinary committee or court martial must, at the conclusion of the trial, inform the parties to its proceedings of their right of appeal.

The appellate court may extend the lodgement period referred to in subsection (2) for good cause on application.

If an appellant is in prison, the appellant may present their notice or memorandum of appeal to the officer in charge of the prison, who must immediately forward it to the registrar of the appellate court.

The appellate court may grant bail pending appeal in exceptional circumstances and on conditions it imposes.

The registrar must give notice of the time and place of the hearing to the appellant and respondent and must provide the respondent with copies of the appeal documents and record; the appellate court must hear the appellant and respondent or their advocates.

The appellate court may order production of documents or exhibits, issue warrants, take additional evidence (recording reasons), and call for reports; the appellant must be present when additional evidence is taken.

Non-compliance by an appellant with this Act or its regulations shall not stop further prosecution of their appeal unless the appellate court directs otherwise; the registrar must immediately notify an appellant of any such directions if the appellant was not present.

The appellate court may disallow an appeal where, in its written opinion, there has been no substantial miscarriage of justice, notwithstanding anything in this Part.

On hearing an appeal against the legality or propriety of a finding, the appellate court may set aside findings (not guilty or guilty), record alternative findings, direct a new trial, cease a sentence where no guilty finding remains, impose or affirm or substitute punishment (subject to prescribed conditions), and in some cases direct that section 241 apply to a substituted punishment.

Mitigation applies where a punishment has been imposed by the appellate court under section 234(3), or where a punishment included in a sentence has been dealt with under section 234(4) or (5).

The appellate court may quash findings made by a unit disciplinary committee or court martial; if a guilty finding is quashed and no other guilty finding remains the sentence ceases; if another guilty finding remains and the punishment is excessive or unduly severe the appellate court shall, subject to prescribed conditions, substitute an appropriate new punishment; if a not guilty finding is quashed and a guilty finding is recorded the court shall proceed as in section 234(3) or (5).

The appellate court may substitute new findings of guilt in place of findings by a unit disciplinary committee or court martial under specified conditions, and shall substitute appropriate punishment if the original punishment exceeds that authorised or is unduly severe, subject to prescribed conditions.

On appeal the appellate court may set aside a finding and order a new trial; the accused must be tried again for the offence; the court must deduct any time already served from any new imprisonment term; the new punishment must not exceed the previous punishment if it is in the same paragraph of the scale; the appellate court may also dispense with any new trial.

The appellate court may substitute a new punishment for an illegal punishment when a unit disciplinary committee or court martial has included an illegal punishment in a sentence, subject to prescribed conditions.

The appellate court may, subject to prescribed conditions, mitigate, commute, remit or enhance punishments in sentences passed by a unit disciplinary committee or court martial.

A new punishment that replaces one previously imposed by a unit disciplinary committee or court martial has the same force and effect as if originally imposed by that committee or court martial; if the new punishment is imprisonment, its term runs from the date of substitution, commutation or enhancement.

Preceding provisions do not derogate the Act’s powers to quash or alter findings and sentences.

The Act does not restrict or regulate the President's exercise of the prerogative of mercy.

The court martial appeal court may, with the approval of the Minister, make rules about appellate proceedings; such rules shall not deprive an appellant of the right to be present in death-sentence appeals; and rules made under this section must be published in the Gazette.

The General Court Martial may call for and examine records of summary trial authorities or unit disciplinary committees to check correctness, legality, propriety and regularity, and may exercise those powers on its own motion or on a petition by any person aggrieved.

The General Court Martial may exercise appellate powers, may release a convicted person on bail pending final determination, may call for reports, and shall not make any order prejudicing an accused person unless that person has had an opportunity to be heard.

Parties do not have a right to be heard before the General Court Martial when it exercises revision powers, except as provided in section 246(d); the General Court Martial may nevertheless hear any party if it thinks fit.

When the General Court Martial revises a case it must certify its decision or order to the summary trial authority or unit disciplinary committee that recorded the original finding, and that authority or committee must make orders conformable to the certified decision or order.

The administrative expenses of military courts, including salaries, allowances, gratuities and pensions for members of military courts martial (other than field courts martial), shall be charged on the Consolidated Fund.

The Minister may make regulations by statutory instrument, after consulting the Defence Forces Council, for ensuring discipline, good administration and carrying out this Act.

The Chief of Defence Forces may issue orders and instructions; commanding officers must issue standing and unit orders to their station or unit; temporary commanders and absent commanding officers must not issue or alter standing orders without reference.

The Minister has the power to amend Schedules 1–6 and 8 by statutory instrument with Cabinet approval, and to amend Schedule 7 by statutory instrument after consultation with the Defence Forces Council.