Police Act

Section 1 provides definitions of terms used in the Act, listing meanings for phrases such as “arrestable offence”, “assistant commissioner”, “attested member”, “code”, “commissioner of police”, “constable”, “Constitution”, “deputy inspector general”, “force”, “inspector general”, “inspector of police”, “legal officer”, “local government”, “magistrate”, “Minister”, “officer-in-charge of police”, “police appeals court”, “police authority”, “police council”, “police officer”, “police unit”, “President”, “private security organisation”, “region”, “regional commander”, “regional police court”, “responsible officer”, “senior police officer”, “subordinate police disciplinary court”, “subordinate police officer”, “superintendent”, and “unit commander”.

Establishes a force called the Uganda Police Force.

States that the force shall be composed of the regular Uganda Police Force, the Uganda Police Reserve, special constables, the local administration police force, and any other person appointed as a member under this Act.

Sets out the functions of the force and authorises members to carry arms; prohibits persons from arresting, detaining or instituting criminal proceedings except under written law or the Constitution.

Establishes a police council, lists its membership and specifies its quorum; grants the council discretion to co‑opt officers and to regulate its own procedure.

The police council has specified functions including recommending recruitment and promotions up to inspector, exercising disciplinary control through police courts, advising on ranks, formulating service terms (subject to police authority approval), setting recruitment and training standards, determining equipment, advising and implementing policy, ensuring efficient organisation, and ensuring national character; it may appoint committees and assign them functions subject to conditions the Minister may impose.

District police committees must advise the police council on appointments, promotions and other personnel matters; perform any other duties assigned by the police council; are composed of specified officers and members; and the station officer acts as the committee secretary.

The Uganda Police Force is under the command of the Inspector General of Police; the Inspector General must act according to Ugandan law, comply with Ministerial policy directions, there is a Deputy Inspector General to assist, and the President appoints them subject to the Constitution and the Act.

The inspector general may make standing orders for the police force (on advice of the police council and consulting the Minister), may delegate functions under the Act, and may make standing orders about pay, leave and conditions of service in consultation with the police authority.

The command of the police force in a region or district is vested in the regional commander or the district commander, subject to the direction of the inspector general.

Establishes a police authority, sets its membership (including specific office-holders and three presidential appointees), designates the Permanent Secretary as secretary, sets a quorum of five, and allows the authority to regulate its own procedure.

Lists the functions of the police authority, including advising the President and Government on appointments and policy, recommending appointments to the Public Service Commission, determining service terms and ranks, hearing appeals, empowering the force for military services, and may appoint committees to assist.

The President may delegate powers of appointment under article 172 to the authorities listed in subsection (2); where such delegation occurs the Public Service Commission has no functions regarding those delegated powers.

The police council must establish the application procedure and form for appointing police officers of or below inspector; the police authority must establish the application procedure and form for appointing senior police officers to the force.

Members of the police force must retire at age 60; appointing authorities may require retirement for public interest or must require retirement on medical grounds; officers may retire after 20 years' continuous service before 55; affected officers have a right to be heard; police officers qualify for pension at 45 after at least ten years' uninterrupted service.

A police officer who retired under section 15(1)(a) or (b) may apply to serve on contract for continuous periods not exceeding two years; applications go to the secretary of the police authority for officers of or above assistant superintendent, and to the inspector general for officers of or below inspector; the Minister may, by regulations under section 73, prescribe terms and conditions of employment under subsection (1).

A police officer may not terminate service with the force except after at least five years of uninterrupted service and with written permission of the appointing authority (subject to section 15).

Police officers appointed under this Act must take and subscribe to an oath or make a written declaration in prescribed form, and must do so before the inspector general or a police officer designated by the inspector general.

When a police officer's service ends they must stop using powers from the office and return issued arms, ammunition, uniforms and equipment before receiving a certificate of termination; failure to comply is an offence punishable by up to eighteen months' imprisonment.

The Minister must make regulations (in consultation with the Police authority and by statutory instrument) prescribing disciplinary and other employment matters for civilian and non-established police staff; the Public Service Commission must appoint senior and junior civilian established officers on specified recommendations; civilians may be employed temporarily, permanently, on contract or on secondment.

Section 68 repealed by section 30 of Act 16 of 2006.

A person who knowingly harbours a police officer on duty, entertains or supplies intoxicating liquor to a police officer on duty or in uniform, or permits such an officer to be on their premises otherwise than in the course of duty is prohibited from those acts.

A person has the right to make a written complaint about police misconduct; the officer receiving the complaint must investigate, report to the complainant and take other action as required; knowingly making a false or malicious complaint is an offence punishable by imprisonment up to six months or a fine up to fifty thousand shillings or both.

Any person may apply to the inspector general for a police member to be assigned on special duty; the inspector general may, if satisfied of need, detail officers on terms; assigned officers must be under local officer-in-charge; the person receiving an assigned officer shall meet the cost.

Regulations may be made under section 73 to control establishment and operations of private security organisations, require their registration, regulate employment conditions, regulate uniforms and equipment, and prescribe fees and forms.

The Minister may make regulations, subject to subsection (2) and in consultation with the police authority.

Police officers have duties to perform their functions, exercise powers conferred by law, obey lawful directions, be on duty at all times, serve where assigned, execute lawful orders, collect intelligence, prevent offences, detect and bring offenders to justice, and apprehend persons; officers may enter premises without warrant in specified circumstances; willfully obstructing or resisting an officer is an offence punishable by fine or imprisonment.

A police officer in uniform may stop, divert or otherwise direct and regulate the course of traffic for preserving public order and safety.

Police officers may arrest a person without a court order or warrant if they have reasonable cause to suspect the person has committed or is about to commit an arrestable offence; female persons may be searched only by an authorised woman.

A person who is arrested may be represented by themselves or another person to apply to a magistrate for release with or without security.

Police officers who arrest a suspect without a warrant must produce that suspect before a magistrate’s court within forty-eight hours unless released on bond; if that requirement is not met any person may apply to a magistrate within twenty-four hours, and the magistrate must order release unless charged. If a complaint of torture is made, the magistrate must investigate and, if proved, order compensation, examination and treatment at the State's expense.

A police officer may search or detain a person or vessel/boat/aircraft/vehicle when the officer has reasonable grounds to suspect it contains stolen, smuggled or unlawfully obtained property, and may seize that property.

Police officers (not below sergeant) may search places for items needed in investigations after recording written grounds; searches should be conducted in person if practicable; searches generally require a Magistrates Courts Act warrant or a prescribed warrant card; records must be sent to the nearest magistrate and the owner/occupier; occupants may attend; searches must avoid unnecessary damage.

Police officers at or above assistant inspector may, in writing, require attendance and production of documents during an investigation; they may record statements and take possession of produced items; a person is not required to answer questions that could incriminate them; before recording a statement from someone the officer decides to charge, the officer must administer the caution.

A police officer may use a firearm against certain persons (e.g. those escaping custody or preventing arrest) but only when listed conditions are met and only reasonable force may be used.

Police officers lawfully on premises may seize items if they reasonably believe the items may be used as exhibits in an investigated offence and seizure is necessary to prevent concealment, loss, tampering or destruction; when property is seized the officer must record details in duplicate and ensure signatures, and a copy shall be retained by the occupant.

Police inspectors or above may have photographs taken of persons in lawful custody for offences punishable by imprisonment without option of a fine; refusal when required is an offence punishable by a fine up to two hundred shillings or one month imprisonment.

A police officer may institute criminal proceedings, apply for summons or warrants, or take other legal processes against a person charged with an offence.

Police officers in charge may issue orders regulating use of music/drumming/public address and the conduct, route and timing of assemblies and processions; the inspector general may prohibit assemblies/processions likely to cause a breach of the peace and may delegate powers in subsection (2) in writing subject to limitations.

If an assembly or procession is convened contrary to a prohibition under section 32, the inspector general or officer in charge of police may stop it and order its immediate dispersal.

If an assembly or procession of three or more persons neglects or refuses to obey an order for immediate dispersal given under section 33, it shall be deemed to be an unlawful assembly under section 65 of the Penal Code Act.

The Minister must name a person to issue permits for assemblies of more than twenty-five people in gazetted areas; the Minister may declare gazetted areas where such assemblies are unlawful without a permit; senior and superior police officers and magistrates have powers to summon, order dispersal and prohibit attendance; addressing an assembly after an order to disperse is an offence punishable by fine or imprisonment; certain assemblies are exempt.

If, after a senior officer has ordered dispersal and a reasonable time has passed, the assembly continues, any police officer (or person aiding them) may disperse or apprehend people and may use reasonably necessary force against resistance; they shall not be criminally or civilly liable for harm or death caused by that force.

Any person who disobeys an order under section 35(1), knowingly organises or takes part in an assembly or procession requiring a permit without one, or who violates a permit condition, is liable under this penalty provision.

No fee or duty shall be charged on bail bonds or recognisances that are issued or taken by a police officer.

Police officers may stop a person on production of their warrant card, may waive an arrest in specified circumstances, and may require a person to produce a licence (which may be required within seven days).

People must not use megaphones, loudspeakers, public address systems or similar for amplifying or broadcasting sound in public places or so as to be a public nuisance, unless they have written permission from an officer in charge of police.

Magistrate may order delivery of property in police possession to the apparent owner or dispose it as unclaimed; if an owner is informed or given notice they must remove the property within specified times; magistrate may order sale if owner fails or cannot be found, with proceeds held as directed and notice requirements including a six‑month call to establish identity.

Police officers must take charge of unclaimed movable property and give an inventory to a magistrate; magistrates handle detention, notices calling claimants within six months, and may order sale, destruction or disposal (including special disposal for firearms) and must post sale notices.

A police officer is not liable for acts done in obedience to a court-issued warrant; the court must enter judgment for the officer when the warrant and proof are produced, subject to rules about genuineness of seals/signatures and an exception allowing judgment where a seal is proved not genuine if the officer reasonably believed it was genuine.

The Minister may, in consultation with the inspector general, by statutory instrument, amend the police disciplinary code of conduct.

The following persons are subject to the police disciplinary code of conduct: an attested member of the force; a person enlisted as a police officer or under training; a member of the local administration police force provided for under section 67A; a special constable referred to in section 64; a police officer employed on contract under section 16; a member of a security organisation placed under the command of the inspector general for police duties; and any other person who accepts to perform duties in the force.

Disciplinary control over police officers vests in the police authority for officers of or above assistant commissioner, and in the police council (through a police disciplinary court) for officers below that rank.

The police authority may dismiss police officers summarily and has power to dismiss officers at or above assistant superintendent rank and officers prosecuted and convicted of criminal offences; dismissal of those at or above assistant commissioner requires the President's written approval.

A police disciplinary court that, after trial, considers dismissal appropriate must make recommendations that dismissal be imposed; a police disciplinary court established under section 49 may, subject to the code, impose any penalty other than dismissal.

Establishes police disciplinary courts, gives those courts authority to hear disciplinary matters and award punishments, grants senior officers the power to institute proceedings, and preserves ordinary civil courts' jurisdiction.

Certain police disciplinary courts (police appeals court, regional police courts, subordinate police courts) may have the power to arrest, try and punish persons within their jurisdiction.

Establishes a police appeals court, sets its membership, requires a quorum of three including the chairperson, declares it the highest appellate police court in the force, and permits it to sit anywhere in Uganda.

Establishes regional police courts at each regional and extra regional headquarters, sets their composition, quorum, and procedures for conviction, record submission, and referral for punishment.

A subordinate police court must be constituted at each police unit when a disciplinary offence is committed; it must consist of specified members and have a quorum of three, and it has power to award punishments in the Schedule.

When hearing an appeal from a police disciplinary court, the appellate court, if it allows the appeal, must either quash the conviction and set aside the sentence, or affirm the guilty finding but vary the sentence, or direct a retrial; it may disallow an appeal (if in writing it finds no substantial miscarriage of justice) and then must affirm the lower court's decision; no punishment may be increased or added on appeal unless the defaulter is first given a further opportunity to be heard.

Police officers punished under the code may appeal within fourteen days; appellants must submit appeals to the unit commander; unit commanders must forward appeals to the next higher authority within fourteen days; trial disciplinary courts must send proceedings to the appellate court.

The prosecution in a police disciplinary court may appeal the court's decision on the grounds of erroneous findings or a point of law.

Police officers higher in rank may arrest a person subject to the code who commits or attempts an offence against the code, with or without a warrant.

A police officer arrested for an offence under section 56 is entitled to be informed promptly of the nature of the offence and to be confined in a guardroom or a provided cell.

If criminal proceedings likely to warrant disciplinary proceedings are instituted against a person subject to the code, no disciplinary proceedings shall be taken until the criminal proceedings and any appeal are concluded.

Defines desertion by a police officer; desertion is an offence punishable by up to one year imprisonment; absence without authority for 21 continuous days creates a presumption of desertion; assisting or encouraging desertion is an offence with the same punishment.

There shall be established a Police Welfare Fund into which shall be paid fines and other authorised payments made to the force (including under sections 41 and 42, on orders of a police disciplinary court, or under any other provision of this Act); the fund is subject to the Public Finance Act; and regulations made under section 73 may provide for payments out of the fund for police officers or members of the family of a deceased police officer.

The inspector general must keep a personal record for each police officer; when an officer dies without a valid will those records and accrued financial benefits must be compiled and submitted to the Administrator General; a government officer holding a deceased on-duty officer's pay or property must surrender it to be dealt with under subsection (2).

The police authority must set up pension and benefit schemes for officers; the Minister may make regulations under section 73 about benefits; officers' existing scheme rights are deemed transferred to the new scheme.

section 63 repealed by section 27 of Act 16 of 2006

The officer in charge of an area where unlawful activity has occurred or may occur may appoint neighbourhood residents as special constables in a prescribed form to reinforce the force.

A constable appointed under section 64 must have the same protection, perform the same duties as a police officer of equivalent rank, and be under the command of the officer in charge of police in the area.

The inspector general may establish a reserve called the Uganda Police Reserve.

section 67 repealed by section 28 of Act 16 of 2006

Establishes the local administration police, integrates them into the police force, places them under the inspector general and district commanders, and lists their duties including training, enforcing local ordinances, assisting with local revenue, cooperating with local councils, and protecting local government property.

Requires the Public Service Commission to appoint, on recommendation of the Police authority, a police officer (not below assistant inspector general) responsible for administration, training and operations of the local administration police; that officer must monitor and supervise the force; the inspector general must designate other officers as necessary and holds disciplinary control.

Properties belonging to and used by the local administration police under local governments shall be transferred to the Uganda Police Force on the coming into force of this Act.