Magistrates Courts Act

Section Interpretation Section Subject to this Act, where in any written law in force on the date of the coming into force of this Act reference is made to— In this Act, unless the context otherwise requires— “ civil customary law ” means the rules of conduct which govern legal relationships as established by custom and usage and not forming part of the common law nor formally enacted by Parliament; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ magisterial area ” means any one of the areas into which Uganda is for the time being divided under section 2; “ magistrate’s court ” means any court established by or under section 3; “ Minister ” means the Minister responsible for justice. a court of the first class, or second class magistrate, the reference shall be construed as a reference to a magistrate’s court presided over by a magistrate grade I or magistrate grade II, respectively; a subordinate court , the reference shall be construed as a reference to a magistrate’s court ; a first, or second class magistrate , the reference shall be construed as a reference to a magistrate grade I, or magistrate grade II, respectively; a resident magistrate , the r...

Section Civil customary law and its application Section Subject to this section, nothing in this Act shall deprive a magistrate’s court of the right to observe and to enforce the observance of, or shall deprive any person of the benefit of, any civil customary law which may be applicable that is not repugnant to justice, equity or good conscience or incompatible either in terms or by necessary implication with any written law for the time being in force. Notwithstanding subsection (1), no party to a civil cause or matter shall be entitled to claim the benefit of any civil customary law if it appears, either from express contract or from the nature of the transactions out of which any civil cause or matter shall have arisen, that he or she agreed or must be taken to have agreed that his or her obligations in connection with all such transactions should be regulated exclusively by some law other than civil customary law . In civil causes or matters where no express rule is applicable to any matter in issue, a magistrate’s court shall be guided by the principles of justice, equity and good conscience.

Section Law and equity Section In every civil cause or matter before a magistrate’s court , law and equity shall be administered concurrently. A magistrate may, in the exercise of the jurisdiction conferred upon him or her by this or any other enactment, grant absolutely or on such reasonable terms or conditions as seem just, any remedy or relief, whether interlocutory or final, to which any of the parties to the cause or matter may be entitled in respect of any legal or equitable claim or defence properly brought forward or which appears in such cause or matter, so that as far as possible all matters in dispute between the parties may be completed and finally decided and all multiplicity of legal proceedings concerning such matters avoided. If in any cause or matter there is a conflict or variance between the rules of equity and the rules of common law with reference to the same subject, the rules of equity shall prevail.

Section Magisterial areas Section The Minister may, by statutory instrument, after consultation with the Chief Justice, divide Uganda into magisterial areas for the purposes of this Act.

Section Establishment and style of magistrates courts Section There shall be established in such places in each magisterial area as the Minister may, by statutory instrument, after consultation with the Chief Justice, designate magistrates courts to be known as the magistrate’s court for the area in respect of which it has jurisdiction.

Section Appointment and grades of magistrates Section Magistrates shall be of the following grades— There shall be appointed such number of magistrates as are in the opinion of the Minister , after consultation with the Chief Justice, required for the efficient administration of justice. chief magistrate ; magistrate grade I; and magistrate grade II. The powers and jurisdiction of a magistrate shall be determined by the grade of his or her appointment and the powers and jurisdiction conferred upon that grade by this Act and by any written law for the time being in force.

Section Constitution of courts Section A magistrate’s court shall be deemed to be duly constituted when presided over by any one magistrate lawfully empowered to adjudicate in the court .

Section Assignment of magistrates Section Every magistrate appointed under this Act shall be deemed to have been appointed to, and have jurisdiction in, each and every magisterial area but may be assigned to any particular magisterial area or to a part of any magisterial area by the Chief Justice.

Section Place of sitting Section A magistrate’s court — may be held at any place within the local limits of its jurisdiction; or if it appears to the Chief Justice that the interests of justice so require, may be held, with the written authorisation of the Chief Justice, at a place outside the local limits of its jurisdiction designated in the authorisation, Notwithstanding subsection (1), if a magistrate’s court sits in any building or place within the local limits of its jurisdiction for the transaction of legal business, the proceedings shall be as valid in every respect as if they had been held in a courthouse assigned for that purpose.

Section Chief registrar and registrar Section There shall be appointed for every magistrate’s court a fit and proper person to be or to act as chief registrar or registrar of that court . The chief registrar or registrar shall, subject to the general supervision and control of the Chief Justice, be under the immediate control and direction of the magistrate presiding over the court to which he or she is assigned. The offices of chief registrar and registrar of a magistrate’s court shall be offices to which Article 147(3)(b) of the Constitution applies.

Section How general jurisdiction exercised Section The jurisdiction of a magistrate’s court shall, subject to this Act and any other written law limiting or otherwise relating to the jurisdiction of that court or of the presiding magistrate, be exercised in conformity with the law with which the High Court is required to conform in exercising its jurisdiction by the Judicature Act.

Section Security for keeping the peace Section Whenever a chief magistrate or a magistrate grade I is informed that any person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, the magistrate may, in the manner hereafter provided, require that person to show cause why he or she should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding one year, as the magistrate thinks fit to fix. Proceedings shall not be taken under this section unless either the person informed against, or the place where the breach of the peace or the disturbance is apprehended, is within the local limits of that magistrate ’s jurisdiction. When any magistrate not empowered to proceed under subsection (1) has reason to believe that any person is likely to commit a breach of the peace or disturb the public tranquillity, or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity, and that such breach of the peace or disturbance cannot be prevented otherwise than by d...

Section Security for good behaviour from persons disseminating any matter which is dangerous to peace and other matters Section Whenever a chief magistrate or a magistrate grade I has information that there is within the limits of his or her jurisdiction any person who, within or without those limits, either orally or in writing or in any other manner— consistently disseminates or consistently attempts to disseminate or in any manner consistently abets the dissemination of any matter which is likely in the opinion of the magistrate to be dangerous to peace and order within Uganda; or disseminates or attempts to disseminate or in any manner abets the dissemination of any matter concerning a judge which amounts to libel under the Penal Code Act,

Section Security for good behaviour from vagrants and suspected persons Section Whenever a chief magistrate or a magistrate grade I receives information— that any person is taking precautions to conceal his or her presence within the local limits of the magistrate ’s jurisdiction, and that there is reason to believe that the person is taking those precautions with a view to committing any offence; or that there is within those limits a person who has no ostensible means of subsistence, or who cannot give a satisfactory account of himself or herself,

Section Security for good behaviour from habitual offenders Section Whenever a chief magistrate or a magistrate grade I receives information that any person within the local limits of his or her jurisdiction— is by habit a robber, housebreaker or thief; is by habit a receiver of stolen property, knowing the property to have been stolen; habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; habitually commits or attempts to commit, or aids or abets in the commission of, any offence punishable under Chapter XXVIII, XXXI or XXXIV of the Penal Code Act; habitually commits or attempts to commit, or aids or abets in the commission of, offences involving a breach of the peace; or is so desperate and dangerous as to render his or her being at large without security, hazardous to the community,

Section Order to be made Section When a magistrate acting under section 12, 13, 14 or 15 deems it necessary to require any person to show cause under such section, the magistrate shall make an order in writing setting forth— the substance of the information received; the amount of the bond to be executed; the term for which it is to be in force; and the number, character and class of sureties, if any, required.

Section Procedure in respect of person present in court Section If the person in respect of whom that order is made is present in court , it shall be read over to him or her, or, if he or she so desires, the substance of the order shall be explained to him or her.

Section Summons or warrant in case of person not so present Section If that person is not present in court , the magistrate shall issue a summons requiring him or her to appear or, when that person is in custody, a warrant directing the officer in whose custody he or she is to bring him or her before the court . Notwithstanding subsection (1), whenever it appears to the magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the magistrate), that there is reason to fear the commission of a breach of the peace, and that the breach of the peace cannot be prevented otherwise than by the immediate arrest of that person, the magistrate may at any time issue a warrant for his or her arrest.

Section Copy of order under section 16 to accompany summons or warrant Section Every summons or warrant issued under section 18 shall be accompanied by a copy of the order made under section 16, and that copy shall be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.

Section Power to dispense with personal attendance Section The magistrate may, if he or she sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he or she should not be ordered to execute a bond for keeping the peace, and may permit the person to appear by an advocate.

Section Inquiry as to truth of information Section When an order under section 16 has been read or explained under section 17 to a person in court , or when any person appears or is brought before a magistrate in compliance with or in execution of a summons or warrant issued under section 18, the magistrate shall proceed to inquire into the truth of the information upon which the action has been taken, and to take such further evidence as may appear necessary. The inquiry shall be made, as nearly as may be practicable, in the manner prescribed in this Act for conducting trials and recording evidence in trials before magistrates courts. For the purposes of this section, the fact that a person is a habitual (fender may be proved by evidence of general repute or otherwise. Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the magistrate thinks just.

Section Order to give security Section If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the magistrate shall make an order accordingly. No person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 16. The amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive. When the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his or her sureties. A person ordered to give security for good behaviour under this section may appeal to the High Court.

Section Discharge of person informed against Section If, on an inquiry under section 21, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, the magistrate shall make an entry on the record to that effect, and, if that person is in custody only for the purposes of the inquiry, shall release him or her, or, if that person is not in custody, shall discharge him or her.

Section Commencement of period for which security is required Section If any person in respect of whom an order requiring security is made under section 16 or 22 is, at the time the order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which the security is required shall commence on the expiration of that sentence. In other cases the period shall commence on the date of that order unless the magistrate , for sufficient reason, fixes a later date.

Section Contents of bond Section The bond to be executed by any such person shall bind him or her to keep the peace or to be of good behaviour, as the case may be, and the commission or attempt to commit or the aiding, abetting, counselling or procuring the commission of an offence punishable with imprisonment, wherever it may be committed, or in the case where a person has been required to enter into a bond because of the conduct mentioned in section 13(a) or (b), the further dissemination or attempt to disseminate or the abetting of the dissemination of any seditious matter or any matter which is likely, in the opinion of the court , to be dangerous to peace and order within Uganda, shall be a breach of the bond. Whenever a chief magistrate or a magistrate grade I receives information that any person who has executed a bond under section 22 has committed a breach of that bond, he or she shall, by summons or warrant require that person and his or her sureties, if any, to appear before him or her and shall inquire into the truth of the information upon which the summons or warrant was issued in the same manner as provided in section 21 and if satisfied that there has been a breach...

Section Power to reject sureties Section A magistrate may refuse to accept any surety offered under any of the preceding sections of this Part of this Act on the ground that, for reasons to be recorded by the magistrate , the surety is an unfit person. For the purposes of subsection (1), a person with a disability shall not on the basis of disability, be taken to be an unfit person.

Section Procedure on failure of person to give security Section If any person ordered to give security as aforesaid does not give that security on or before the date on which the period for which that security is to be given commences, he or she shall, except in the case mentioned in subsection (2), be committed to prison, or, if he or she is already in prison, be detained in prison until that period expires or until within that period he or she gives the security to the magistrate who made the order requiring it. When such person has been ordered by a magistrate to give security for a period exceeding one year, the magistrate shall, if that person does not give such security as aforesaid, issue a warrant directing him or her to be detained in prison pending the order of the High Court, and the proceedings shall be laid as soon as conveniently may be before that court . The High Court, after examining such proceedings and requiring from the magistrate any further information or evidence which it thinks necessary, may make such order in the case as it thinks fit. The period, if any, for which any person is imprisoned for failure to give security shall not exceed three years. If the...

Section Power to release persons imprisoned for failure to give security Section Whenever a chief magistrate or magistrate grade I is of the opinion that any person imprisoned for failing to give security may be released without hazard to the community, the magistrate may, if he or she thinks fit, order that person to be discharged.

Section Power of High Court to cancel bond Section The High Court may, at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under any of the preceding sections by order of any court .

Section Discharge of sureties Section Any surety for keeping the peace or good behaviour of another person may at any time apply to a chief magistrate or a magistrate grade I to cancel any bond executed under any of the preceding sections within the local limits of his or her jurisdiction. On that application being made, the magistrate shall issue a summons or warrant, as he or she thinks fit, requiring the person for whom the surety is bound to appear or to be brought before the magistrate . When that person appears or is brought before the magistrate , the magistrate shall cancel the bond and shall order the person to give, for the unexpired portion of the term of the bond, fresh security of the same description as the original security. Every such order shall, for the purposes of sections 25, 26, 27 and 28 be deemed to be an order made under section 22.

Section General authority of magistrates courts Section 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.

Section Accused person to be sent to area where offence committed Section Where a person accused of having committed an offence within Uganda has escaped or is removed from the area within which the offence was committed and is found within another area, the magistrate’s court within whose jurisdiction the person is found shall cause him or her to be brought before it and shall, unless authorised to proceed in the case, send the person in custody to the court within whose jurisdiction the offence is alleged to have been committed, or require the person to give security for his or her surrender to that court there to answer the charge and to be dealt with according to law.

Section Removal of accused person under warrant Section Where any person is to be sent in custody in pursuance of section 32, a warrant shall be issued by the court within whose jurisdiction the person is found, and that warrant shall be sufficient authority to any person to whom the warrant is directed to receive and detain the person named in the warrant and to carry the person and deliver him or her up to the court within whose jurisdiction the offence was committed or may be inquired into or tried. The person to whom the warrant is directed shall execute it according to its tenor without delay.

Section Ordinary place of trial Section Subject to the provisions relating to transfer conferred by this Act, every offence shall ordinarily be inquired into or tried by a court within the local limits of whose jurisdiction the offence was committed.

Section Trial at place where act done or consequence of offence ensues Section When a person is accused of the commission of any offence by reason of anything which has been done or of any consequence which has ensued, the offence may be inquired into or tried by a court within the local limits of whose jurisdiction any such thing has been done or any such consequence has ensued.

Section Trial where offence is connected with another offence Section When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, a charge of the first-mentioned offence may be inquired into or tried by a court within the local limits of whose jurisdiction either act was done.

Section Trial where place of offence is uncertain Section When— it is uncertain in which of several local areas an offence was committed; an offence is committed partly in one local area and partly in another; an offence is a continuing one and continues to be committed in more local areas than one; or an offence consists of several acts done in different local areas,

Section Offence committed on journey, etc. Section An offence committed while the offender is in the course of performing a journey, voyage or flight may be inquired into or tried by a court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that journey, voyage or flight.

Section High Court to decide in cases of doubt Section Whenever any doubt arises as to the court by which any offence should be tried, any court entertaining that doubt may, in its discretion, report the circumstances to the High Court, and the High Court shall decide by which court the offence shall be tried. Any such decision of the High Court shall be final and conclusive, except that it shall be open to an accused person to show that no court in Uganda has jurisdiction in the case.

Section Court to be open; sitting on Sunday or public holiday Section The place in which any criminal court is held for the purpose of trying any offence shall be deemed an open court to which the public generally may have access, so far as the court can conveniently contain them; but the magistrate may, if he or she thinks fit, order at any stage of the inquiry into or trial of any particular case that the public generally or any particular person shall not have access to or be or remain in the room or building used by the court . In particular, the court shall, when conducting a trial of the offence of defilement, consider the need, in the interest of the child, to exercise its power under Article 28(2) of the Constitution, to exclude the press and the public from the proceedings before the court for reasons of morality and to protect the victim of the offence. Any magistrate’s court for the purpose of inquiring into or trying any offence may sit on a Sunday or a public holiday, and no finding, sentence or order made or passed by a court of competent jurisdiction shall be reversed or altered only by reason of the fact that it was made or passed on a Sunday or a public holiday; bu...

Section Power of High Court to change venue Section Whenever it is made to appear to the High Court— that such an order is expedient for the ends of justice or is required by any provision of this Act, it may order— that a fair and impartial trial or inquiry cannot be had in any magistrate’s court ; that some question of law of unusual difficulty is likely to arise; that a view of the place in or near which any offence has been committed may be required for the satisfactory inquiry into or trial of the offence; that an order under this section tends to the general convenience of the parties or witnesses; or that any offence be tried or inquired into by any court not empowered under the preceding sections of this Part of this Act, but in other respects competent to inquire into or try that offence; that any particular criminal case or class of cases be transferred from a criminal court subordinate to its authority to any other such criminal court of equal or superior jurisdiction; that an accused person be committed for trial to itself. The High Court may act either on the report of the lower court or on the application of a party interested or on its own initiative. Every applicati...

Section Release on bail Section The offences excluded from the grant of bail under subsection (1) are as follows— The High Court may, in any case where an accused person is appearing before a magistrate’s court — Notwithstanding subsection (1), in any case where a person has been released on bail, the High Court may, if it is of the opinion that for any reason the amount of bail should be increased— A magistrate’s court before which a person appears or is brought charged with any offence, other than the offences specified in subsection (2), may, at any stage in the proceedings, release the person on bail, on taking from him or her a recognisance consisting of a bond with or without sureties, for such an amount as is reasonable in the circumstances of the case to appear before the court , on such a date and at such a time as is named in the bond. an offence triable only by the High Court; the offence of terrorism and any other offence punishable by more than ten years imprisonment under the Anti-Terrorism Act; an offence under the Penal Code Act relating to cattle rustling; offences under the Firearms Act punishable by more than ten years imprisonment; rape contrary to section 110 o...

Section Restriction on period of pre-trial remand Section If an accused person has been remanded in custody before his or her trial commences— in respect of any offence punishable by death, for a continuous period exceeding one hundred eighty days; or in respect of any other offence, for a continuous period exceeding sixty days, the magistrate before whom the accused person first appears after the expiration of the relevant period shall release him or her on bail on his or her own recognisance, notwithstanding that he or she is accused of an offence referred to in section 75(1), unless— he or she has, prior to the expiration of that period, been committed to the High Court for trial; or the magistrate is satisfied that it is expedient for the protection of the public that he or she should not be released from custody.

Section Considerations for bail Section When an application for bail is made, the court shall have regard to the following matters in deciding whether bail should be granted or refused— Where bail is not granted under section 75, the court shall— Where any person appears before a magistrate’s court charged with an offence for which bail may be granted, the court shall inform the person of his or her right to apply for bail. the nature of the accusation; the gravity of the offence charged and the severity of the punishment which conviction might entail; the antecedents of the applicant so far as they are known; whether the applicant has a fixed abode within the area of the court ’s jurisdiction; and whether the applicant is likely to interfere with any of the witnesses for the prosecution or any of the evidence to be tendered in support of the charge. record the reasons why bail was not granted; and inform the applicant of his or her right to apply for bail to the High Court or to a chief magistrate , as the circumstances may require.

Section Deposit instead of recognisance Section When any person is required by any court or officer to execute a bond, with or without sureties, that court or officer may, except in the case of a bond for good behaviour, permit that person— to deposit any specific article or property; or to deposit a sum of money to such amount as the court or officer may fix,

Section Power to order sufficient bail when that first taken is insufficient Section If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the court may issue a warrant of arrest directing that the person released on bail be brought before it, and may order him or her to find sufficient sureties, and on his or her failing so to do may commit him or her to prison.

Section Discharge of sureties Section All or any of the sureties for the appearance and attendance of a person released on bail may at any time apply to a magistrate to discharge the bond either wholly or so far as it relates to the applicant or applicants. On that application being made, the magistrate shall issue a warrant of arrest directing that the person released be brought before him or her. On the appearance of that person pursuant to the warrant, or on his or her voluntary surrender, the magistrate shall direct the bond to be discharged either wholly or so far as it relates to the applicant or applicants, and shall call upon that person to find other sufficient sureties, and if he or she fails to do so may commit him or her to prison.

Section Death of surety Section Where a surety to a bond dies before the bond is forfeited, his or her estate shall be discharged from all liability in respect of the bond, but the party who gave the bond may be required to find a new surety.

Section Persons bound by recognisance absconding may be committed Section If it is made to appear to any magistrate’s court , by information on oath, that any person bound by recognisance is about to leave Uganda, the court may cause that person to be arrested and may commit him or her to prison until the trial or inquiry, unless the court shall see fit to admit him or her to bail upon further recognisance.

Section Forfeiture of recognisance Section Whenever it is proved to the satisfaction of a magistrate’s court by which a recognisance under this Act has been taken, or when the recognisance is for appearance before a court , to the satisfaction of that court , that such recognisance has been forfeited, the court shall record the grounds of the proof, and may call upon any person bound by the recognisance to pay the penalty for forfeiture, or to show cause why the penalty should not be paid. If sufficient cause is not shown and the penalty is not paid, the court may proceed to recover the penalty by issuing a warrant for the attachment and sale of the movable property belonging to such person, or his or her estate if the person is dead. That warrant may be executed within the local limits of the jurisdiction of the court which issued it; and it shall authorise the attachment and sale of the movable property belonging to such person without those limits, when endorsed by any magistrate within the local limits of whose jurisdiction that property is found. If such penalty is not paid and cannot be recovered by the attachment and sale, the person so bound shall be liable, by order of the...