Justices of the Peace Act

The Minister may appoint residents who are Ugandan citizens or Commonwealth citizens as justices of the peace; every justice of the peace must take and subscribe the same oaths or affirmations as a magistrate on appointment.

The Chief Justice may issue instructions and rules of court (so long as they are not inconsistent with this or any other Act) for guiding justices of the peace, and every justice of the peace must comply with and obey those instructions and rules.

Every justice of the peace must keep accurate accounts of fees and money received for or on behalf of the Government, produce those accounts when required by the Auditor General or an officer authorised by the Minister, and render returns and pay the monies to the Treasury as the Minister directs.

A justice of the peace must, subject to the Act and within the limits of appointment, have and exercise the powers, rights, duties and jurisdictions vested in a justice of the peace by this Act or any other Act in force in Uganda.

Justices of the peace must have the same powers and duties as magistrates (including administering oaths, releasing on bail, remanding in custody, taking affidavits, attesting signatures, certifying copies) and must exercise those powers and take the same fees on behalf of the Government; they may remand a person only for a single period not exceeding ten days, subject to subsection (2).

Justices of the peace have, within their local jurisdiction, the same powers of arrest as police officers for offences committed in their presence and must promptly bring arrested persons before the nearest magistrate or otherwise issue a warrant and notify the magistrate.

Justices of the peace may take cognisance of offences on a complaint or police report, but must be satisfied there is sufficient ground and are restricted from taking cognisance or issuing warrants except where conditions in law apply; fees payable if process would have been issued by a magistrate must be paid at that magistrate's court.

A justice of the peace who receives a complaint must immediately examine the complainant under oath, record the examination in writing, and have it signed by both the complainant and the justice; but if the complaint is written and the justice is satisfied it shows sufficient grounds, the justice need not examine the complainant before issuing process to compel the accused's attendance before a magistrate.

A justice of the peace must immediately forward specified documents to the appropriate court when issuing process or when dismissing a complaint.

Magistrates have the same jurisdiction when an accused is brought under section 4 or when a process from a justice is made returnable before them; if a magistrate lacks power to try or commit the accused they must issue process to a magistrate who is empowered; magistrates must not proceed with trial if required fees are unpaid unless lawfully remitted and may dismiss if fees remain unpaid within a reasonable time.

A High Court judge may order a subordinate court to inquire further into complaints dismissed by a justice of the peace; a person aggrieved may appeal to the High Court on payment of a fee prescribed by rules of court.