• 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