Trial on Indictments Act

"currency point" is defined as the value assigned to it in Schedule 1 to this Act.

The High Court has jurisdiction to try offences under written law and may pass any sentence authorised by law; criminal cases require commitment for trial to the High Court under the Magistrates Courts Act.

The High Court may pass any lawful sentence combining sentences it is authorised to pass.

Trials before the High Court must be with the aid of assessors, numbering two or more as the court thinks fit; the Minister may amend the Assessors Rules by statutory instrument after consulting the Chief Justice, except rules 2 and 9.

For original criminal jurisdiction the High Court must hold sittings at places and on days the Chief Justice or presiding judge directs; the Chief Registrar must ordinarily give notice beforehand of those sittings.

The officer or other person executing an arrest warrant must tell the person to be arrested what the warrant says and, if required, show them the warrant.

Police officers or other persons executing an arrest warrant must bring the person arrested before the High Court without unnecessary delay.

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

An irregularity or defect in a warrant of arrest, or any variance between it and the indictment or evidence, does not affect the validity of proceedings at or after the hearing of the case.

If an accused person required by the High Court is in prison, the court may order the officer-in-charge to bring the prisoner to court; the officer-in-charge must comply and ensure the prisoner's safe custody while absent.

The High Court may release an accused on bail on recognisance and may increase bail by issuing a warrant or committing the person to prison if they fail to execute a new bond.

The court may refuse bail to a person accused of the offences listed in subsection (2) if the accused does not satisfy the court that exceptional circumstances justify release and that they will not abscond.

If an accused is remanded in custody before trial beyond specified periods (180 days for death‑penalty offences; 60 days for other offences), the judge who first sees them after that period must release them on bail unless committed to the High Court earlier or the judge finds public protection requires continued custody.

The High Court may issue a warrant, order a person on bail to find sufficient sureties and may commit that person to prison if sureties are insufficient; persons with disabilities must not be treated as insufficient sureties on the basis of their disability.

Sureties may apply to the High Court to discharge a bail bond; on such application the court must issue a warrant to bring the released person before it, and on appearance or surrender the court must discharge the bond (wholly or as relates to the applicants), call on the person to find other sureties, and may commit the person to prison if they fail.

If a surety named in a bond dies before the bond is forfeited, the surety's estate is released from liability, and the party who gave the bond may have to find a new surety.

If the High Court is shown on oath that a person bound by recognisance is about to leave Uganda, the court may arrest and commit that person to prison until trial, unless it admits them to bail on further recognisance.

Section Forfeiture of recognisance Section Whenever it is proved to the satisfaction of the High Court that a recognisance has been forfeited, the court shall record the grounds of that proof and may call upon any person bound by the

The High Court may issue a warrant of arrest at any time to secure the attendance of the accused person.

Warrants of arrest must be signed by the judge issuing them.

A warrant of arrest may be directed to named police officers or chiefs or generally to all police officers or chiefs; the judge may direct it to any other person if immediate execution is necessary and no police officer or chief is immediately available, and that person must execute the warrant. When directed to multiple officers or persons, any or all of them may execute it.

A warrant addressed to a police officer or a chief may be executed by another officer or chief if that other person's name is endorsed on the warrant by the addressee.

Every indictment must include a statement of the specific offence(s) charged and particulars necessary to give reasonable information as to the nature of the offence.

Offences that arise from the same facts or form, or that are part of a series of similar offences, may be charged together in the same indictment; each offence must be described in a separate paragraph (a count).

Certain categories of persons 'may be joined in one indictment and may be tried together.'

Sets rules for how indictments must be framed: each count must start with a short ordinary‑language statement of the offence referencing the creating enactment; particulars follow in ordinary language; counts are to be numbered; alternatives in enactments may be alleged in the count; exceptions need not be negatived; property, identity, documents, times and places may be described in ordinary language with specified simplifications; special rules apply for money, public property and certain anti‑corruption/penal offences.

All indictments shall be in the name of and, subject to section 135, signed by the Director of Public Prosecutions.

Indictments must show the date they are signed; the High Court registrar must give the accused and the Director of Public Prosecutions reasonable notice of the trial date, not less than fourteen days.

Death sentences are to be carried out by hanging in accordance with the Prisons Act; when a person is sentenced to death the sentence shall direct that they suffer death in the manner authorised by law.

When a person is sentenced to death, the court must inform that accused person of the period within which an appeal should be preferred.

A certificate signed by the judge stating that a person has been sentenced to death and naming that person is sufficient authority to detain that person.

After a death sentence is pronounced and appeals are exhausted or upheld, the High Court must send the trial judgment, notes of evidence and a judge-signed report to the Minister; the Minister must communicate the President's mercy decision to the High Court; the President must issue a warrant, commutation order or pardon specifying any punishment or pardon conditions; and such warrant/order/pardon authorizes persons to execute the sentence or other punishment.

If a woman convicted of an offence punishable with death is found to be pregnant in accordance with section 105, her sentence shall be imprisonment for life instead of death.

When a woman convicted of an offence punishable with death is alleged to be pregnant (or the court so orders), the court must determine pregnancy before passing sentence.

A judge must issue a warrant ordering that a prison sentence be carried out in any prison in Uganda; that warrant is full authority for the officer in charge and other persons to carry the sentence into effect (except for death sentences).

Sentences of imprisonment handed down by the High Court must be served in a government-administered prison or a district-administered prison, subject to subsection (2).

Persons liable to imprisonment (including life) may be sentenced to a shorter term; persons liable to imprisonment may be sentenced to pay a fine in addition to or instead of imprisonment.

The court must consider the offender's means when fixing a fine; the court may impose fines (including unlimited amounts where no sum is specified), may direct imprisonment in default of payment and may issue distress warrants, subject to limits and a scale of maximum imprisonment for default.

When the court imposes a fine and a sentence of imprisonment in default of payment, the court must allow an offender at least thirty days to pay (subject to subsection (2)) and has various powers to order payment by instalments, attachment to an employer (not exceeding half wages), require bonds, defer passing sentence, summon or arrest for inquiry, commit on default, or extend/vary time after inquiry.

If the High Court orders payment, the person ordered to pay may pay or tender the sum (with distress expenses) to the officer executing the warrant; once paid the officer must cease execution.

If an officer executing a distress warrant reports no or insufficient property to levy, the court may issue process to bring the person to appear and may sentence them to imprisonment under section 109(d).

A person committed for non-payment may pay the warrant sum and authorised expenses to their custodian, and that custodian must discharge the person if they are not held for any other matter.

A prison officer must, on a prisoner's application, immediately take the prisoner before a court; the court must certify any reduction in imprisonment resulting from part payment and make any necessary order.

The court may, instead of or after issuing a warrant of distress, issue process for appearance and sentence the person to imprisonment under section 109(d) when certain conditions (e.g. distress would be ruinous or no property) are met.

A person claiming an interest in attached property may give written notice to the court before the proceeds of sale are received; the notice must state the claim and certify value (by affidavit). Upon receipt of a valid notice the court must stay execution, summon the objector to a hearing, investigate evidence, and either release the property or order execution to proceed and fix costs.

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

If in a High Court trial the court finds the indictment proved but considers punishment inexpedient for reasons such as the accused's character, antecedents, age, health, mental condition, triviality of the offence or extenuating circumstances, the court may dismiss the charge without proceeding to conviction or convict and caution the accused.

The High Court may discharge a convicted person instead of passing sentence if they enter recognisance (with or without sureties) on conditions including appearing for judgment within twelve months and keeping the peace; if conditions are breached the High Court may issue a warrant, and on apprehension the court may remand or admit to bail and may later pass sentence.

Sections 108, 118 and 119 have no effect when the accused has been convicted of an offence for which the penalty is fixed by law.

Sentences are to be served consecutively unless the court orders concurrent execution; the court may order fines to be non‑cumulative; however, the court may not order concurrent execution for imprisonment in default of a fine under section 109(c)(i).

If an escaped convict is sentenced: fines take effect immediately; imprisonment sentences do not take effect until the convict has served the unexpired portion of imprisonment that remained at the date of escape.

Persons subject to police supervision must be given an identity card on discharge, report and notify their residence as prescribed; the High Court must order supervision up to five years for certain sentences; refusal to comply is an offence punishable by up to two years' imprisonment; the Minister may make rules.

A person once tried and convicted or acquitted for an offence shall not be tried again on the same facts 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 24(1).

If a person was convicted or acquitted of an act whose later consequences (together with that act) constitute a different offence, and those consequences had not happened or were not known to the court at the earlier trial, that person may later be tried for the later offence.

A person already convicted or acquitted may still be charged and tried for another offence arising from the same acts if the first court was not competent to try that later offence, notwithstanding the earlier conviction or acquittal.

In trials under the Act, a previous conviction or acquittal may be proved by certified extracts, prison officer certificates, warrants of commitment, or a Minister-prescribed fingerprint certificate which is prima facie evidence when produced by the person who took the accused's fingerprints.

The High Court may issue a summons to a person to attend court or to bring and produce specified documents, writings or things in that person's possession when material evidence can be given or is in that person's possession.

If a witness, without sufficient excuse, fails to appear after being served a summons, the High Court may, on proof of proper service a reasonable time before, issue a warrant to bring the witness before the court.

If satisfied by sworn evidence that a person will not attend unless compelled, the High Court may immediately issue a warrant for that person's arrest and production before the court.

The High Court may release a witness on recognisance security for appearance, or shall detain the witness if security is not furnished.

The High Court may order the officer in charge of a prison to bring a prisoner for examination; the officer must comply and keep the prisoner in safe custody during absence.

A person summoned as a witness must attend when required by a summons; failing to attend, departing without High Court permission, or failing to attend after adjournment when ordered can lead to a court-ordered fine up to two hundred currency points, levy by attachment, and in default imprisonment for fifteen days unless the fine is paid.

The High Court may summon, examine, recall or re-examine witnesses at any stage of a trial; the court must do so if the evidence is essential, advocates may cross-examine, and the court must adjourn if necessary to allow preparation for cross-examination.

Witnesses in criminal matters before the High Court are generally examined on oath; courts may administer the usual oath, allow solemn affirmation for those who object on religious grounds, receive evidence from young children without oath if satisfied they understand truth-telling, and may accept culturally specific oaths not repugnant to justice.

If a person present in court refuses to be sworn, to answer questions, or to produce required documents and again refuses when brought before the court at or before an adjourned hearing, the court may adjourn the case and commit that person for like periods until they comply; this does not affect other liability or punishments.

Court may admit reports by Government ballistic experts, analysts or geologists as evidence and may presume signatures, office-holding and proper submission for analysis.

Persons indicted for an offence may serve as witnesses for the defence, with specific rules about calling them, comments by the prosecution, the place of giving evidence, and the accused's right to make an unsworn statement.

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

If during trial the High Court believes the accused is mentally ill and unable to mount a defence, the court must inquire; it may postpone that inquiry until the defence opens; if inquiry finds incapacity the court must postpone proceedings, detain the accused and send the record to the Minister, who may order confinement by warrant; the court must give directions to implement such orders and such a warrantauthorises detention until further order or return before the court under sections 47 and 48.

If a detained person is found capable of making a defence, the medical officer must immediately send a certificate to the Director of Public Prosecutions; the DPP must tell the recording court whether the State intends to continue proceedings, and the court must either order removal and bring the person in custody for trial under section 48 or order immediate release.

The High Court may resume a postponed trial, require the accused to appear or be brought before it, and if it finds the accused still incapable must act as if the accused were brought before it for the first time.

If, during trial, it appears the accused committed the charged act or omission but was insane at the time, the High Court must find the accused not guilty by reason of insanity and must report the case to the Minister while ordering the accused kept in custody as a criminal lunatic.

If an accused cannot understand proceedings, the High Court must hear all evidence and, if guilty, order detention pending a Minister's order; the court must send its record to the Minister; the Minister may order detention or release and may vary or discharge certain orders.

The High Court may order alteration of an indictment if it appears defective before or during trial, but the court must not permit alterations that would charge the accused with an offence not disclosed by the summary of evidence under section 168 of the Magistrates Courts Act.

When an indictment is altered under section 51 the court must call the accused to plead; the accused may demand recall and further cross-examination of prosecution witnesses; the prosecution may re-examine those witnesses; the accused may call further evidence; the court must adjourn if the accused is prejudiced and must inform the accused of these rights; the court may order prosecution to pay costs arising from the alteration.

The High Court may order that one or more counts in an indictment be tried separately if it believes the accused would be prejudiced, embarrassed, or it is otherwise desirable; the court may also make orders about bail and recognisances in such separate trials.

The court may postpone or adjourn a trial for reasonable reasons, remand the accused to custody by warrant, order the accused to be brought before it during remand, and may admit the accused to bail on remand subject to conditions.

The court may try an accused in their absence only if the accused behaves so that continuing the trial in their presence is impracticable and the court orders removal and to proceed; if tried in absence the court must provide for informing the accused and enabling a defence.

A person accused of an offence before the High Court may be defended by an advocate at his or her own expense.

If evidence is given in a language the accused does not understand, it must be interpreted in open court into a language the accused understands; if the accused is represented and the advocate does not understand evidence given in a language other than English, it must be interpreted to the advocate in English.

When documents are submitted for formal proof, the court has the discretion to interpret as much of them as appears necessary.

If an indictment does not state, and cannot by alteration under section 51 be made to state, an offence of which the accused had notice, the indictment must be quashed on a motion before plea or on a motion in arrest of judgment; a written statement of every such motion must be delivered to the chief registrar or other officer of the court by or on behalf of the accused and entered on the record.

If an accused is charged with a previous conviction, the court must hear evidence of that previous conviction when the accused denies or refuses to answer about it; the judge may pass sentence if the accused admits the previous conviction.

Describes how an accused person is placed at the bar and how the indictment is read, explained or interpreted, and requires the accused to plead instantly unless not duly served with a copy.

An accused person facing an indictment may plead previous conviction or acquittal, or a Presidential pardon; if such pleas are pleaded and denied, the court must try them, and if found false the accused must plead to the indictment.

When an accused person stands mute or cannot answer an indictment, the court may enter a plea of not guilty on their behalf if it thinks fit; alternatively, if it believes the person is mentally ill or cannot understand the proceedings, the court may act under section 46 or 50.

If the accused pleads guilty, the plea must be recorded and the accused may be convicted on it.

An accused who can lawfully be convicted of a different offence may plead guilty to that other offence, but the court must not accept such a plea unless the prosecution's advocate consents.

If the accused pleads not guilty (or such a plea is entered under section 63), the court must, subject to section 67, choose assessors and try the case.

If a legally represented accused pleads not guilty, the court must promptly hold a preliminary hearing in open court and the court must prepare, read, explain, have signed, and file a memorandum recording matters agreed; the Minister may make rules, after consulting the Chief Justice, including provisions about witnesses.

At the start of a trial (or, if section 67 applies, after the preliminary hearing) each assessor must take an impartial oath to advise the court to the best of his or her knowledge, skill and ability on the issues before the court.

The accused (or their advocate) and the prosecutor may challenge an assessor for cause before the assessor is sworn for specified grounds; if disputed the judge shall try the issue and the person challenged may be examined on oath.

If an assessor is prevented from attending or absents themself during a High Court trial and it is not practicable to enforce attendance, the trial continues with the remaining assessors; if more than one assessor is absent or prevented from attending, proceedings are stayed and a new trial is held with different assessors.

If a trial is adjourned, the assessors must attend the adjourned sitting and any subsequent sittings until the trial concludes.

When the assessors have been chosen, the advocate for the prosecution must open the case, call witnesses, and adduce evidence in support of the indictment.

Witnesses called for the prosecution must be available for cross-examination by the accused or their advocate and for re-examination by the prosecution's advocate.

When prosecution evidence is concluded the court must either inform accused persons of specified rights if there is sufficient evidence, or record a finding of not guilty if there is not sufficient evidence after hearing advocates.

The accused person or their advocate may open the accused's case.

The accused person may examine any witness present, but does not have an absolute right to have witnesses summoned except those previously named to the committing magistrate for trial.

If the accused introduces new, unforeseeable matter in defence, the court may allow the prosecution to adduce evidence in reply to contradict it.

The advocate for the prosecution is entitled to reply when the accused (or any one of several accused) adduces any evidence, subject to section 79.

If the right of reply depends on whether evidence was called for the defence, simply calling the person charged as a witness does not by itself give the prosecution a right of reply.

The prosecution must not allege any additional material fact not in the case summary unless it has given reasonable written notice to the accused or their advocate, except when it only becomes aware of that fact on the day it is given in evidence at trial.

The High Court has the power at any stage of a trial to summon and examine qualified persons to give evidence on customs, community way of life, or background relevant to the alleged offence when the court considers such evidence may help reach a just decision or assess sentence.

In High Court trials, assessors are entitled to stay during hearings on the admissibility of a confession; the judge may ask assessors for factual opinions, but the judge alone decides any fact or law affecting admissibility. "Confession" includes any statement whose admissibility is challenged by the accused.

When the case is closed, the judge must sum up the law and evidence to the assessors, require assessors to state and record their opinions, may allow assessors to retire and consult, must give judgment (not bound by assessors' opinions) and must pass sentence if convicted; if acquitted the accused shall be immediately discharged unless acquitted by reason of mental illness.

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

If a certified copy of the order of acquittal is produced, it is a bar to any further proceedings for the same matter against the same accused person.

Judgments must be pronounced or explained in open court; the judge must read the whole judgment if requested by prosecution or defence; the court must require the accused to attend unless attendance was dispensed with and sentence is only a fine or the accused is acquitted.

Judgments must be written under the judge's personal direction in the court language, state points for determination, decision and reasons, be dated and signed; convictions must specify the offence and legal section and be followed by notes on pre-sentence steps and sentence with reasons when special reasons exist. Judgments may be recorded in shorthand or mechanically with judge's supervision and transcription signed by the judge.

If a person charged has facts proved that reduce the offence to a minor cognate offence, that person may be convicted of the minor offence even if they were not charged with it.

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

When a person is charged with an offence, he or she may be convicted of being an accessory after the fact to the commission of that offence although he or she was not so charged.

The court may convict a person of related lesser offences (infanticide, killing an unborn child, offences under sections 130 or 131, or endeavouring to conceal birth) even if they were not charged with those offences when certain factual conditions are met.

When a person is indicted for offences mentioned in sections 149, 150, 151, 152, 153, 154 or 155 of the Magistrates Courts Act, those sections are to be read as if references to a "court" include the High Court.

The provisions of sections 88 , 89 , 90 , 91 and 92 are in addition to and not in derogation of other written law and other provisions of this Act, and are without prejudice to the generality of the provisions of section 88 .

If facts proved at a High Court trial for a misdemeanour amount to a felony, the accused must not be acquitted of the misdemeanour; and a person tried for the misdemeanour shall not afterwards be liable to be prosecuted for felony on the same facts, unless the trial court, in its discretion, refrains from recording a finding and directs prosecution for felony.

When an accused is found or pleads guilty, the judge must ask them if they have anything to say before sentence is passed.

The accused person may move in arrest of judgment before sentence on specified grounds; the court may hear or adjourn the motion; if the court decides for the accused, the accused shall be discharged from that indictment.

The court may sentence the accused person or make an order against them if no motion in arrest of judgment is made, or if the court decides against the accused upon such a motion, at any time during the session.

A judgment may not be stayed or reversed because of certain objections or for informality in swearing witnesses.

Before sentencing, the court may make inquiries to inform itself about the proper sentence and may consider the accused person's character and antecedents; the accused must be allowed to confirm, deny or explain statements about them; offences not resulting in conviction are not considered unless the accused agrees; if a sentence is set aside the accused cannot plead autrefois convict for offences taken into account.

The High Court may order payment of costs; convicted persons, prosecutors (in some cases) and applicants may be required to pay costs under specified circumstances, and an appeal lies to the Court of Appeal.

The court may order a convicted person to pay compensation to any person who suffered loss or injury because of the offence; courts must account for compensation already paid when a later civil suit awards compensation.

If a person ordered to pay costs or compensation does not pay and distress fails, the court may issue process for their appearance and may sentence them to imprisonment.

When the High Court imposes a fine (or a sentence including a fine) the court may order all or part of the fine to be used to defray prosecution expenses or to pay compensation where substantial compensation is recoverable; payments must not be made before the appeal period has elapsed or the appeal decided, and when awarding compensation in later civil suit the court must take into account sums already paid under this section.

The High Court may order restoration of property taken from an accused person or that the property be applied to payment of fines, costs or compensation.

The High Court can order restitution of stolen property; owners are entitled to restoration when an offender is convicted or admits the offence; the court may order payment to an innocent purchaser from money recovered; the Chief Justice may make rules for safe custody of property while orders are suspended; several exceptions and appeal-related suspensions apply.

The High Court may order disposal (forfeiture, confiscation, destruction or delivery) of property connected to offences; prosecutors must produce property after conviction when no evidence was called; property may be kept or sold pending someone establishing a right, and if no right is established within six months the proceeds go to the Consolidated Fund.

Specifies who may appeal High Court decisions to the Court of Appeal, what the Court of Appeal may do on appeal, restrictions on appeals after guilty pleas, and bail pending appeal.

The Court of Appeal must allow, dismiss, or substitute verdicts on appeals against special findings according to specified grounds including miscarriage of justice and mental health findings.

The Director of Public Prosecutions may enter a nolle prosequi in any case committed for trial to the High Court before verdict; court officers must notify relevant parties when this is done.

The Deputy Director of Public Prosecutions, a state attorney or a state prosecutor may exercise any powers of the Director of Public Prosecutions under this Act, except the power to enter a nolle prosequi.

Prosecutions before the High Court must be conducted by a member of the Attorney General’s chambers or by a person appointed in writing by the Director of Public Prosecutions; appointments can be case-specific or for classes of cases, and appointed persons must be under the Director's express direction.

The High Court is to be an open court for criminal trials so the public may attend where space allows; the presiding judge may order exclusion of the public or particular persons; the High Court may sit on Sundays or public holidays but ordinarily must not unless the presiding judge considers not sitting would cause unreasonable delay, expense or inconvenience.

Bank managers or authorised bank officers must, on written request by the Director of Public Prosecutions or an authorised police inspector, promptly supply copies of documents in the bank's custody against a receipt; originals may be delivered on application and a certified photocopy must be provided when originals are delivered; certified copies may be used as originals; police officers acting under the section are responsible to the DPP.

Findings, sentences or orders of the High Court shall not be reversed or altered on appeal for errors, omissions, irregularities or misdirections unless those defects have in fact occasioned a failure of justice.

Distress taken under this Act is not unlawful for defects or want of form in the proceedings, and the person making the distress is not a trespasser for such defects.

If the Act is silent, the criminal practice of the High Court should follow, as nearly as possible, the practice of the High Court of Justice and of certain English criminal courts.

A person affected by a judgment or order may obtain a copy of the judgment, order or part of the record on applying and paying for it; the court may furnish it free for special reasons.

The Chief Justice may, by statutory instrument, make rules about how evidence is taken down in cases before the High Court.

The Minister responsible for finance may amend Schedule 1 to this Act, by statutory instrument and with the approval of Cabinet.