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Criminal Procedures

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					•   COMPILED BY LORD MUKWAYA

•   What is criminal procedure? ,Law is generally divided into two main parts, namely, substantive
    and procedural law. Substantive law defines the duties, rights and liabilities of individuals.
    Procedural law on the other hand regulates the conduct of litigation and proceedings. It in other
    words prescribed the procedure for enforcing rights and duties. -It is the medium through which
    criminal law is enforced

•   Therefore, criminal procedure involves rules that govern the conduct of criminal proceedings. It
    is adjective or procedural as opposed to substantive. It contains rules of law governing the
    procedure by which crimes are investigated, prosecuted, adjudicates and punished. In the
    generic sense, criminal procedure refers to a network of laws and rules which govern the
    procedural administration of criminal justice.

    What are criminal proceedings?,These are rules governing the mechanism under which crimes
    are investigated, prosecuted or adjudicated and punished.

•   What is a cognizable offence,It is any offence which on conviction may be punishable by a term
    of imprisonment of one year or more -Which on conviction may be punishable by a fine
    exceeding 4000shs

    Distinction between criminal procedure and civil procedures-Criminal proceedings are
    instituted by the state or on behalf of the state while civil proceedings are at times initiated by
    individuals, corporations not necessarily the state or on behalf of the state while civil
    proceedings are timesinitiated by individuals.

     -Criminal proceedings are controlled by the state through the Dpp while civil proceedings are
    controlled by the persons who initiated them or against whom they were initiated however
    Court may come in if appreciate action is not taken.

•      -The primary objective of criminal procedure is peal or puniture since it is designed to
    ensure that the offender is punished while civil procedure is designed to make good civil
    wrongs by compensation,restitutor, satisfaction by restraint or appreciate relief like specific
    performance and injunctions.

•      -There is generally no time limit with in which criminal proceedings can be instituted against
    aperson issue pra few offences like sedition, treason etc but in civil suits there is a time limit in
    with in which suits are expected to be instituted in courts of law.

•     -The standard of proof in criminal case is beyond reasonable doubt while in civil cases its
    on a balance of probability

       -To require such persons to give him documents on other matters under his cartel
    Institution of criminal proceedings who may do so (sec 42MCA)

    -By a police office bringing the person arrested with upon a change.

•     -By a public prosecutor or police office laying a change against a person before a
    magistrate and requesting for the issue of a warrant or summons.

•      -By any other person making a complaint and applying for the issue of a warrant or the
    summons.

    What is a charge?
    In criminal law, a charge is an accusation.

    What is an indictment?

       An indictment is a formal written accusation of an offence written up and signed by the DPP
    and filed in the registry of the High Court to be used as a basis for trial in that court.

    Uganda V Paulo.Muwanga, the correctness of an indictment or charge sheet is a sole
    responsibility of the prosecution.

•   What is a charge sheet?

        A charge is a formal written accusation of an offence against a person alleged to have
    committed a criminal offence drawn up either by a police officer or other person authorized e.g,
    a magistrate and signed by a magistrate to be used in a trial in a magistrate’s court as a basis for
    trial or preliminary proceedings in matters chargeable in the High Court.

    What is the purpose of the charge sheet?

•   A charge sheet is intended to inform the accused on the nature of the offence to enable him
    prepare his defense.

•   A.23 (3) A person arrested, restricted or detained shall be informed immediately, in a language
    that the person understands, of the reasons for the arrest, restriction or detention and of his or
    her right to a lawyer of his or her choice.

            A charge sheet is necessary in every proceedings and without it is bad in law because
    the accused will be prejudiced in his or her defense if such the accused did not know the
    defense he/she was facing.

•   R V Tambukiza s/o Kiyonga, a formal charge sheet is of the essence in criminal proceedings.
    Failure to draw up and sign a formal charge sheet was a defect which rendered the trial a
    nullity.
    What must a proper charge sheet contain?

•   Uganda V Byaruhanga (1975) ,a charge sheet should be signed by a police officer who brings a
    charge and the magistrate should not proceed until its signed.

    Uganda V Ocilage s/o Eragu (1977),a charge sheet submitted by the police is neither proper
    nor complete if its unsigned by a police officer.

    Uganda V William Ibwokital, the charge sheet to be properly drafted must show all the
    particulars of the accused such as age,occupation,address.

    S.85,MCA,states that every charge shall contain, and shall be sufficient if it contains, a statement
    of the specific offence or offences with which the accused person is charged, together with such
    particulars as may be necessary for giving reasonable information as to the nature of the
    offence charged.

    What are the rules governing framing of charges?

•   S.88 (a) a count of a charge shall commence with a statement of the

        offence charged, called the statement of offence;

     (b) the statement of offence shall describe the offence shortly in ordinary language, avoiding as
    far as possible the use of technical terms, and without necessarily stating all the essential
    elements of the offence, and if the offence charged is one created by enactment shall contain a
    reference to the section of the enactment creating the offence; see also A.28 (12) states that
    except for contempt of court, no person shall be convicted of a criminal offence unless the
    offence is defined and the penalty for it prescribed by law.

     (c) after the statement of the offence, particulars of the offence shall be set out in ordinary
    language in which the use of technical terms shall not be necessary;
    For example; Peter Mukasa on the 24th day of Sept,2009 a Mukono Taxi Park, Mukono District
    unlawfully assaulted Jane Barungi

•   (d) where any rule of law or any written law limits the particulars of an offence which are
    required to be given in a charge, nothing in paragraph (c) shall require any more particulars to
    be given than those so required;                            In Mwaura V R (1967) at 345,it was
    held that a simple era in the particulars of the charge is not sufficient to occasion a failure of
    justice.

    (e) where a charge contains more than one count, the counts shall be numbered consecutively

•   (f) where an enactment constituting an offence states the offence to be the doing or the
    omission to do any one of any different acts in the alternative, or the doing or the omission to
    do any act in one of any different capacities, or with any one of different intentions, or states
    any part of the offence in the alternative, acts, omissions, capacities or intentions, or other
•

•   matters stated in the alternative in the enactment, may be stated in the alternative in the count
    charging the offence;

     (g) it shall not be necessary, in any count charging an offence constituted by an enactment, to
    negative any exception or exemption from or qualification to the operation of the enactment
    creating the offence;

    What does a charge sheet look like?

    Uganda police

                                                   Police Force 53

                                                   Mukono Police Station

                                                   Date:………………….

                                                   Charge Registration

                                                   CRB 156/2011

          CHARGE

          Uganda            Versus       Peter Mukasa

                                        Male Muganda,Unemployed

                                        Resident of Nabuti, Mukono District

           STATEMENT OF OFFENCE

           Assault causing Actual bodily harm

           C/S 236 of Penal Code Act

    PARTICULARS OF OFFENCE

    Peter Mukasa on the 24th day of Sept,2009 at Mukono Taxi Park, Mukono Town Mukono
    District,unlawfully assaulted Jane Barungi.



      Police Officer                                    Magistrate

          ………………………….                                 ……………………………..
    What is ‘ joinder of charges’?

•   S.86 (1) Any offences, whether felonies or misdemeanors, may be charged together in the same
    charge if the offences charged are founded on the same facts or form or are a part of a series of
    offences of the same or a similar character.e.g in the course of a bank robbery, a security guard
    is killed, the two charges are founded on the same facts and can be joined on one charge sheet.

    Yakoba Uma and Anor V R (19650,the charge sheet was bad in law for a misjoinder where two
    accused had been convicted of acts intended to cause grievous bodily harm which had occurred
    at different dates,places,weapons even though the complainant was the same in each count.

    Uganda V Amisi (1970),where a statute creates two offences, the charge sheet must separate
    them.

    An indictment must not be double. No one count of the indictment should charge the accused
    with having two or more separate offences.

     Yolamu.Oketcho and Isaac Okumu V Uganda, any offence whether felonies or misdemeanors
    maybe charged together in the same charge; are founded on the same facts, and committed at
    the same time.

     Ayor & Anor V Ug (1968),the two accused, man and woman were charged jointly with adultery
    in one count. Held; where both man and woman are charged with adultery, there should be
    separate counts because the mensrea in each case is different.

    What is ‘ joinder of persons’?,S.87,MCA (a) persons accused of the same offence committed in
    the course of the same transaction may be joined in one charge sheet and may be tried
    together. Nathan V R, the appellant, a proprietor of a travel agency was charged with a public
    officer on a number of counts. Appellant was convicted of wrongfully and corruptly giving
    money to the officer and the officer was also convicted of receiving the same. On appeal, an
    issue of misjoinder was raised.Held;there had been no misjoinder because the concatenation of
    events was un interrupted and therefore, the offences constituted one transaction.

    What are alternative charge?,It is a principle of law that where a charge contains more than
    one count, they must be numbered consecutively but in certain cases, it must be proper to lay
    alternative charges where the prosecution is not sure.E.g, if the prosecution is not sure whether
    the offence committed is theft of property or obtaining property by false pretence since the
    two offences are distinct. The same applies to embezzlement and causing financial loss.
    Embezzlement becomes the main charge and theft the alternative.

    Wainana & Others V R(1973),the appellant was charged with inciting violence and in the
    alternative creating a disturbance and in manner likely to cause a breach of peace. The
    Magistrate found that the throwing of stones amounted to inciting violence and also for the
    lesser offence which he said was merged in a greater. Held on appeal; the Magistrate should
    have made no finding on the alternative charge.

    What is duplicity?,Duplicity occurs where more than one offence is charged in one count e.g.
    burglary and theft where the statement is talking of a different offence and the particulars talk
    of a different one. Such a charge is barred for duplicity.

      What are defective charges? Avone V Uganda, it is the primary duty of a magistrate to satisfy
    himself that the section of the accusation is right before concerning himself with jurisdiction.

•   Uganda V Isaka Irumba & 4 Others(1978),the order for alteration of the indictment can be
    made before or at any stage of the trial upon indictment.

    What is criminal jurisdiction?,Jurisdiction is the power or authority vested in a court or tribunal
    to entertain an action/petition or other criminal proceedings and determine questions which
    arise out of crimes committed in a state.As a general rule,orders,judgements,decisions,decrees
    made by a court or authority without jurisdiction are null and void.

    What are the fundamental issues to be ascertained when a crime has been commited?

•   Whether the offence is triable in Uganda and if so; In which court of law?

•   There are three broad aspects of jurisdiction;

•   Territorial jurisdiction

•   Local jurisdiction

•   Which court has the power to try which cases

    What is territorial jurisdiction?.Every country is generally empowered to try offences
    committed within its boundaries. The criminality of an act depends on the laws of the
    country.A.28(7) states that no person shall be charged with or convicted of a criminal offence
    which is founded on an act or omission that did not at the time it took place constitute a
    criminal offence.

•   Each country has power to confer on its courts extra territorial jurisdiction in reference to
    crimes committed outside its territorial jurisdiction.

    Uganda V Atima.Mustapha                 The accused acquired money (Shs.3360) by false pretence
    from the Ugandan embassy in Zaire claiming to be taking it to Ugandan soldiers stranded in
    Zaire on official mission. Issue was whether he could be tried in Ugandan courts even though the
    crime was committed in the Ugandan embassy. Held; there should be a law conferring extra
    territorial jurisdiction on the courts to try its nationals for crimes committed outside Uganda.

•   Jurisdiction therefore, determines whether the offence is triable in Uganda and if it is, in which
    court. The question as to whether an act or omission is a crime or not depends on the place
•

•   where that act or omission is done. The courts in Uganda will not in general inquire into acts or
    omissions which are not done in Uganda or have no connection with Uganda.

    What is local jurisdiction?A.139 states (1) The High Court shall, subject to the provisions of this
    Constitution, have unlimited original jurisdiction in all matters and such appellate and other
    jurisdiction as may be conferred on it by this Constitution or other law.

•   Local jurisdiction is relevant in respect of Magistrate’s courts. They are Magistrates’ Court Grade
    I and II.

•   This refers to the geographical jurisdiction to try offences within a country’s boundaries.

    S.34,MCA,states that every offence is to be tried by a Magistrate court within whose jurisdiction
    the offence was committed.

•   S.31 states that Every magistrate’s court has authority to cause to be brought before it any
    person who is within the local limits of its jurisdiction and is charged with an offence committed
    within Uganda, or which according to law may be dealt with as if it had been committed within
    Uganda, and to deal with the accused person according to its jurisdiction.

     In Leo Kahigwa, intent was formed in Congo and sale took place in Uganda. Held; theft took
    place in Uganda.

    Which court has powers to try which case?This refers to whether a court is vested with
    authority to try a particular case.

    A.29 establishes the Supreme court, court of appeal, High court and other courts as prescribed
    by parliament and other quasi-judicial courts and these courts are vested with judicial power.

•   The Supreme court; it is the final court of appeal vested with appellate jurisdiction. It hears
    criminal appeals from the court of Appeal OF Uganda and all courts are bound to follow the
    decisions of the Supreme court on questions of law.(A.31).

    The Court of Appeal; A.134(3) vests it with jurisdiction to hear appeals from decisions of the
    High Court of Uganda.

•   The High Court; A.139,S.1(TIA),Vests it with original jurisdiction in all matters and such appellate
    and other jurisdiction as may be compelled on it.

    The High Court has got appellate criminal jurisdiction in cases handled by Chief Magistrate I and
    II.It also handles 2nd appeals under S.204,MCA

•   The Chief Magistrates Court; S.161 (1) (a) of the MCA,Cap 16 (1) Subject to this section, a
    magistrate’s court presided over by—
•   (a) a chief magistrate may try any offence other than an offence in respect of which the
    maximum penalty is death;

•   S.204 (1)(b),CMA has power to hear criminal appeals from Mag.Grade I and II.

•   S.221,MCA. Chief magistrate has supervisory powers over courts within his or her jurisdiction.

•   Magistrate Grade I; S.161,MCA(1) (b) a magistrate Grade I may try an offence other than an
    offence in respect of which the maximum sentence is imprisonment for life or death.

•   S.162 (1) (b),a magistrate may pass a sentence not exceeding 10 years or fine or not exceeding
    Ug Shs 4.8 m.

•   Magistrate Grade II; S.161 (1) (c) ,a Magistrate Grade II may try any offence and shall have
    jurisdiction to administer or enforce any of the provisions of any written law other than offences
    and provisions specified in the First Schedule to this Act;

•     Who can execute an arrest ?A police office/one or more/ private person. -Chiefs. And
    Magistrate.

Explain the instances where a police officer may arrest a person without a warrant.

•   -If he reasonably suspects the person of having committed a recognizable offence under
    chapter Xv11 of the penal code.

•        -He may arrest any person that commits a breach of the peace in his presence.

•       -Any person that obstructs a police officer in the execution of his duty or has escaped or
    attempt to escape from lawful custody.

What’s the role of the DPP in criminal proceedings

•   -To institute and under take criminal proceedings against any person before any Court other
    than the Court martial in respect of any offence alleged to been committed by that person.

•       -To take one and continue any such criminal proceedings that has been instituted by any
    other person.

     -To direct the police to investigate any information of a criminal nature and to report to him
the expeditiously

What are the offences that require the consent of the DPP before institution

•   Publication of information prejudicial to security,-Wrongful inducing of a boycott,-Incitement of
    violence -Criminal libel
•

12.Whats the character of a warrant?

•   -A warrant shall be issued under the hand of a magistrate who shall seal it.

•   -The warrant shall state the name of the accused and briefly state the offences charged and
    require the person to whom its addressed to apprehend the named person and deliver him
    before a competent court of jurisdiction

•   -A warrant remains in force until its executed or cancelled by the court that issued it.

•   -The court issuing the warrant may direct that the person to whom the warrant is made may be
    allowed to enter into a bond with the person arresting the person stating that he commits
    himself to appear before court at the times and places specified and giving security for his
    appearance.

•   NB ;The offence must not be one carrying a death sentence

What's the procedure for issuing a warrant?,The police officer or any other person executing a
warrant shall notify the substance of the charge to the person to be arrested, and when necessary
shall show him the warrant and shall without unnecessary delay bring him before a court to which
his required to bring him.

NB A warrant may be executed at any place in Uganda

What's a summon?,This is a document issued to a person requiring him to appear before a given
court and defend himself.

WHATS THE MODE OF SERVICE OF SUMMONS.

•   Where predictable it should be personal, to the person summoned., - Where the person
    summoned can’t be found it may be effected onAn adult member of the family,The servant
    residing with the summonnee,The employer of the person summoned

•   IV) The secretary, local manager or other principal officer of the corporation.

•   NB .The persons receiving service may be required to sign a receipt of it on the back of the
    original summons.

•   Where service can’t be effected in any of the foregoing modes the officer shall affix the
    duplicate of the summons to some conspicuous part of the house in which the person
    summoned ordinarily resides.

What are the contents of a summons
    •   The name of the person summoned,-The place and court where before which his asked to
        appear,-Indicate the date and time of attendance

    What’s a search warrant?

    •   Its one authorizes a person to whom its addressed to, to enter a place or premises described in
        the search warrant to search everywhere and seize the property named in it

What is an appeal?

An appeal simply refers to a proceeding taken to rectify an erroneous decision of a court by bringing it
before a high court, the appellate process is agrim reminder that courts too make mistakes, some more
serious than others and in many cases, justice cannot be assured by attending only one court

So it’s in the pursuit of justice that higher courts with more personal, with more experience should
sanction and criticize, and in many cases overturn decisions of their junior colleagues where they are
persuaded that justice has been compromised

What is the law relating to criminal appeal?

    •   A crime is a wrong which affects the security or will being of the public generally so that the
        public has interest in its suppression it is an act which the law makes punishable, the breach of a
        legal duty treated s the subject of criminal procedures it is an offence against the state.

    •   Criminal law therefore is the body of law which defines offences of criminal responsibility and
        defences, regulates low suspects are investigated, charges and tried.

    •   Under section 204(1) of the magistrates court Act cap 16 Subject to any other written law and
        except as provided in this section, an appeal shall lie—(a) to the High Court, by any person
        convicted on a trial by a court presided over by a chief magistrate or a magistrate grade I;(b) to a
        court presided over by a chief magistrate, by any person convicted on a trial by a magistrate
        grade II or grade III. (2) Any appeal under subsection (1) may be on a matter of fact as Well as on
        a matter of law.

       No criminal case shall be brought under the cognizance of the high court for trial unless the
accused person has been committed for trial to the high court in accordance with the magistrate’s court.

    •   Under section 204(1) of the magistrates court Act cap 16 Subject to any other written law and
        except as provided in this section, an appeal shall lie—(a) to the High Court, by any person
        convicted on a trial by a court presided over by a chief magistrate or a magistrate grade I;(b) to a
        court presided over by a chief magistrate, by any person convicted on a trial by a magistrate
        grade II or grade III. (2) Any appeal under subsection (1) may be on a matter of fact as Well as on
        a matter of law.
       No criminal case shall be brought under the cognizance of the high court for trial unless the
accused person has been committed for trial to the high court in accordance with the magistrate’s court.

    •   Section 204(4) of the magistrates court Act No appeal shall be allowed in a case where a court
        presided over by a chief magistrate or a magistrate grade I has passed a sentence of
        imprisonment not exceeding one month only, or a fine not exceeding one hundred shillings only.

    •   Under section 204(5) Where an accused person has been acquitted by a magistrate’s

     court, the Director of Public Prosecutions may appeal (or sanction an appeal in such manner as may
be prescribed by the Minister by statutory instrument) on the ground that the acquittal is erroneous in
law— (a) to the High Court, where the accused person has been acquitted by a court presided over by a
chief magistrate or a magistrate grade I; (b) to a court presided over by a chief magistrate, where the
accused person has been acquitted by a magistrate grade II or III.

    •   To note however section 204(6) Any party to an appeal determined by a chief magistrate under

    •   subsection (1)(b) may appeal against the decision of the chief magistrate to the High Court on a
        matter of law (not including severity of sentence) but not on a matter of fact.

    •   Further more under section 204(7) The Director of Public Prosecutions may appeal to the High
        Court from the decision of a chief magistrate on an appeal under subsection (5)(b) on the
        ground that it is erroneous in law.

    •   Under section 205. Of the magistrates court act ( Bail pending appeal). An appellant may, at any
        time before the determination of his or her appeal, apply for bail to the appellant court, and the
        appellant court may grant the bail.

How is an appeal filed? (grounds for appeal)

    •   Under section 28 criminal procedure Act 116. (Notice of appeal).

    •   (1) Every appeal shall be commenced by a notice in writing which shall be signed by the
        appellant or an advocate on his or her behalf, and shall be lodged with the registrar within
        fourteen days of the date of judgment or order from which the appeal is preferred.

        Under section 28 criminal procedure Act 116. (Notice of appeal).

    •   (1) Every appeal shall be commenced by a notice in writing which shall be signed by the
        appellant or an advocate on his or her behalf, and shall be lodged with the registrar within
        fourteen days of the date of judgment or order from which the appeal is preferred.

    •   Section 28(4) of the criminal procedure Act states Where the appellant is represented by an
        advocate or the appeal is preferred by the Director of Public Prosecutions, the grounds of appeal
        shall include particulars of the matters of law or of fact in regard to which the court appealed
        from is alleged to have erred
    •   Section 28(6) states The appellate court may, for good cause shown, extend the periods
        mentioned in subsection (1) or (3).

What is the law relating to time limit of an appeal?

    •   Section 31(1) of criminal procedure Act. An application to extend the time for lodging a notice of
        appeal or grounds of appeal under section 28(1) or (3) shall be made in writing to the registrar
        of the appellate court and shall be supported by an affidavit specifying the grounds for the
        application.

        Section 31 (2) Except in the case of the Court of Appeal or the Supreme Court, the appellate
        court may summarily reject an application of the kind mentioned in subsection (1) without
        hearing the applicant or his or her advocate if, on perusing the supporting affidavit, it is of the
        opinion that no grounds for granting the application are disclosed.



        Section 33.(1) criminal procedure Act If the appellate court does not dismiss an appeal
        summarily, it shall cause notice to be given to the appellant and to the respondent or to their
        advocates, if any, of the time and place at which the appeal will be heard and shall furnish the
        respondent with a copy of the proceedings and of the grounds of appeal.

        Section 33(2) At the hearing of an appeal the appellate court shall hear the appellant and the
        respondent or their advocates.

What are the powers of the appellate court?

    •    Article 28(10) 1995 constitution No person shall be tried for a criminal offence if the person
        shows that he or she has been pardoned in respect of that offence.

    •   In the case of Professor Isaac Newton Ojok V Uganda Supreme Court Criminal Appeal no 33 of
        1991, the appellant was convicted of treason and sentenced to death he appealed to the
        Supreme Court in the 7th ground of appeal the appellant complained that the trial judge erred in
        law in rejecting his defense of pardon. Held that it was quite clear that the president never
        intended to grant pardon to the appellant under article 73 of the 1967 constitution nor grant
        him amnesty.

    •   In Ngaruchu and another V R 2004 2 EA 215, the accused was charged of the same offence of
        which he had been tried earlier and convicted held section 77 (5) of the constitution of Kenya
        provides for acquittal and conviction and that the appellant should not have been charged with
        the same offence they there for suffered injustice and the appeal was allowed.

        Under section 34(6) criminal procedure Act Before making a suspension order the appellate
        court shall explain to the appellant in ordinary language his or her liability under subsection (5).
   •   Under section 34(6) criminal procedure Act Before making a suspension order the appellate
       court shall explain to the appellant in ordinary language his or her liability under subsection (5).

   •   Under section 34(6) criminal procedure Act Before making a suspension order the appellate
       court shall explain to the appellant in ordinary language his or her liability under subsection (5).

   •   Section 93(2) magistrates court act A certificate in the form prescribed by the Minister given
       under the hand of an officer appointed by the Minister for that purpose, who shall have
       compared the fingerprints of an accused person with the fingerprints of a person previously
       convicted or acquitted, shall be prima facie evidence of all facts set forth in it provided it is
       produced by the person who took the fingerprints of the accused.

What is revision

In Uganda V Paulo Lwanga (1984) high court bulletin 20, held on revision when taking the accused plea
and especially when the accused is pleading guilty the accused own words in answer to the charge must
be recorded

   •   In Uganda V Akai and others (1979) high court bulletin 8, it was held that a chief magistrate has
       no powers of revision over the decisions of grade 2 and 3 the chief magistrate can only call for
       and examine a record of such a court within the local limit of his jurisdiction in order to satisfy
       himself of the correctness, legality and proprietory of any findings or the past recorded and
       irregularity of proceedings of such a court.

   •

   •   Section 49(2) If any magistrate acting under subsection (1) considers that any finding, sentence
       or order of the inferior magistrate’s court is illegal or improper, or that any such proceedings are
       irregular, he or she shall forward the record, with such remarks on it as he or she thinks fit, to
       the High Court.

       Power of High Court on revision.

Section 50(1) criminal procedure code Act In the case of any proceedings in a magistrate’s court the
record of which has been called for or which has been reported for orders, or which otherwise comes to
its knowledge

   •   when it appears that in those proceedings an error material to the merits of any case or
       involving a miscarriage of justice has occurred, the High Court may—(a)

   •   in the case of a conviction, exercise any of the powers conferred on it as a court of appeal by
       sections 34 and 41 and may enhance the sentence; (b) in the case of any other order, other than
       an order of acquittal, alter or reverse the order.
     •   Section 50(2) criminal procedure code act No order under this section shall be made unless the
         Director of Public Prosecutions has had an opportunity of being heard, and no order shall

     •   be made to the prejudice of an accused person unless he or she has had an opportunity of being
         heard either personally or by an advocate in his or her own defence

         All proceedings before the High Court in the exercise of its revisional jurisdiction may be heard
         and any judgment or order on the proceedings may be made or passed by one judge; but when
         the court is composed of more than one judge and the court is equally divided in opinion, the
         sentence or order of the magistrates court shall be upheld.

     •   Where an appeal or an application for revision is made by the Director of Public Prosecutions,
         the notice or application, as the case may be, shall be signed by him or her or by such other
         person as he or she may authorize either generally or specifically for that purpose.

JUDGMENTSWhat is the prescribed form of a judgment ?

     •   Section 135 and 85(1) of the Magistrates Courts Act and Trial and Indictment Act respectively; a
         judgment should be in the language of the court i.e. English.,Should state the offence
         committed or omitted.,State the facts of the case and decision reached.,Signed and dated on
         the day delivered.

COMPETENT VERDICTS,WHAT IS THE GENERAL PRINCIPLE ? An accused person should not be convicted
of an offence with which he was not charged unless he has had a fair opportunity of defending himself.

WHAT ARE THE EXCEPTIONS TO THE GENERAL PRINCIPLE UNDER THE MAGISTRATES COURTS ACT
CHAPTER 16 OF THE LAWS OF UGANDA?

One may be convicted for an offence of;

a)       Minor offence when a person is charged with an offence and facts are proved which reduce it to
         a minor cognate offence. S. 145. MCA

b       Attempting to commit an offence for which he or she was not charged with the attempt. S.146
        MCA
c)      Being an accessory after the fact to the commission of the offence although he or she was not
so charged. S.147 MCA

Indecent assault, defilement, procuring defilement by threats or incest contrary to Penal Code Act S.
128, 129, 132 and 149 respectively for a person charged with rape. S. 150 MCA.

stolen property; unlawful possession of govnt etc stores contrary to the PC Act in the case of one being
charged with stealing. S. 154 MCA

				
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