Narcotic Drugs and Psychotropic Substances (Control) Act, 2024 — Esheria

Statute

Narcotic Drugs and Psychotropic Substances (Control) Act, 2024

Act 2 of 2024 Country: Uganda As of: 23 Feb 2024 Status: In force Sections: 86
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Section 1

Preliminary - Commencement

Part I: Preliminary

Section Commencement Section This Act shall come into force on a date the Minister responsible for internal affairs, by statutory instrument, appoints.

Section 2

Preliminary - Interpretation

Part I: Preliminary

Section Interpretation Section In this Act, unless the context otherwise requires— “ bank ” includes— (a) a financial institution licensed under the Financial Institutions Act ; (b) microfinance deposit-taking institutions licensed under the Microfinance Deposit taking Act; (c) microfinance institution licensed under the Tier 4 Microfinance Institutions and Money Lenders Act; and (d) the Bank of Uganda; “ cannabis ” means the flowering or fruiting tops of the cannabis plant , excluding the seeds and leaves when not accompanied by tops from which the resin has not been extracted, by whatever name they may be called; “ cannabis oil ” means any liquid containing any quantity however small of tetrahydro-cannabinol; “ cannabis plant ” means any plant of the genus cannabis by whatever name called and includes any part of that plant; “ cannabis resin ” means the separated resin, whether crude or purified, obtained from cannabis but does not include cannabis oil ; “ catha edulis ” means the catha edulis plant; “ charge ” includes a lien, hypothecation, pledge and other security on property or created to secure the payment of a debt or performance of an obligation; “ child ” means a person...

Section 3

Preliminary - Jurisdiction

Part I: Preliminary

Section Jurisdiction Section This Act applies to conduct engaged in, inside or outside Uganda relating to the importation, exportation, manufacture , buying, sale, giving, supplying, storing, administering, conveying, delivering or distributing of a narcotic drug or psychotropic substance — This Act applies to the entire territory of Uganda. on board a vessel or aircraft registered in Uganda; by a Ugandan citizen or any person ordinarily resident in Uganda; by a body corporate incorporated in or carrying on business in Uganda; or by any other person relating to the supply or possible supply by that person of a narcotic drug or psychotropic substance .

Section 10

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Supply of narcotic drugs or psychotropic substances to a child

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Supply of narcotic drugs or psychotropic substances to a child Section A medical practitioner , pharmacist, dentist or any person who, knowingly supplies or administers a narcotic drug or psychotropic substance to a child , where the narcotic drug or psychotropic substance is not required in the treatment of the child , commits an offence and is liable, on conviction to a fine not exceeding fifty thousand currency points or to imprisonment for life, or both.

Section 11

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Penalty for cultivation of prohibited plants

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Penalty for cultivation of prohibited plants Section A person who— The Minister responsible for health may issue a licence to cultivate or gather a prohibited plant . A person shall not knowingly cultivate or gather a prohibited plant without a licence issued by the Minister responsible for health. The Minister responsible for health may issue a licence subject to conditions as the Minister may consider necessary. The Minister responsible for health shall issue regulations for the procedures and conditions to be fulfilled for grant of a licence under subsection (1) . cultivates or gathers a prohibited plant without a licence; or being the owner, occupier or manager of premises , knowingly permits the premises to be used for the cultivation, gathering or production of a prohibited plant ,

Section 12

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Power of entry in respect to land

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Power of entry in respect to land Section A police officer not below the rank of Inspector or a person authorised under this Act who has reasonable grounds to believe that a prohibited plant was, or is being cultivated on any land or in any premises without a licence may, by himself or herself or with such assistance as in his or her opinion is reasonable, enter upon and inspect the land or premises . A police officer who enters land or premises under subsection (1) may arrest or cause the arrest of the person suspected of cultivating the prohibited plant and confiscate the prohibited plant cultivated in contravention of the provisions of this Act. A person who obstructs a police officer or an authorised person in the performance of his or her functions under this section commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand currency points or to imprisonment not exceeding two years, or both.

Section 13

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Power of court to order destruction of prohibited plants

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Power of court to order destruction of prohibited plants Section A court which convicts any person of an offence under this Act, shall direct the Inspector General of Police or any police officer authorised by the Inspector General of Police, to destroy all the prohibited plants found on any land to which the offence relates; and the Inspector General of Police or the police officer, as the case may be, shall cause all the plants to be destroyed.

Section 14

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - National Drug Authority to issue licences for export, import, manufacture, etc.

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section National Drug Authority to issue licences for export, import, manufacture, etc. Section The National Drug Authority may— The National Drug Authority shall— issue, for medical purposes, licences, for sale, manufacture , production or distribution of specified narcotic drugs or psychotropic substances; prescribe the manner in which a narcotic drug or psychotropic substance is to be packed or marked for export ; and prescribe the records to be kept for the export , import, receipt, sale, manufacture, production , disposal or distribution of narcotic drugs, psychotropic substances or precursors. The records prescribed under subsection (1)(c) shall be kept by a licensee for a period of seven years. keep and maintain a register of persons authorised to sell, manufacture , produce, import, export or distribute narcotic or psychotropic substances; and regulate and issue guidelines for conducting clinical trials involving narcotic drugs and psychotropic substances.

Section 15

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Penalty for failure to furnish information or to produce records and documents

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Penalty for failure to furnish information or to produce records and documents Section A person who— for the purpose of obtaining, a grant or renewal of a licence or any other authority under the National Drug Policy and Authority Act— fails or refuses to comply with any obligation to provide information or to produce a book, record, document or other material required under this Act or any order made under this Act; in compliance with the provisions of this Act, gives information which is false, or produces a book, record, document or other material which contains any statement which is false in a material particular; or makes a statement or gives information which is false in a material particular; or produces a book, record, document or other material containing a statement which is false in a material particular,

Section 16

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Privileged information

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Privileged information Section A police officer or other person acting in exercise of powers vested in him or her under any provision of this Act, or any rule or order made under the Act, shall not be compelled to reveal the source of any information concerning an offence under the Act.

Section 17

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Owner of land to report to police cultivation of prohibited plants

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Owner of land to report to police cultivation of prohibited plants Section The owner of land or any other person with interest in land, who knowingly or has reason to believe that a prohibited plant is cultivated on that land in contravention of this Act or that the land is prepared for the purpose of cultivating a prohibited plant , shall report to a police authority. A person who contravenes subsection (1) commits an offence and is liable, on conviction to a fine not exceeding five hundred currency points or three times the market value of the prohibited plant, whichever is greater, or to imprisonment for a period not exceeding five years; or both. For purposes of this section, a reference to the owner of land or any other person with interest in land includes a holder of a lease, licence, grant, permit or other right in land, whether held individually or in association with others.

Section 18

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Penalty for malicious entry, seizure or arrest

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Penalty for malicious entry, seizure or arrest Section A police officer or any other person authorised by the Inspector General of Police for purposes of this Act, who— without reasonable grounds of suspicion, enters or searches or causes to be entered or searched, any building, conveyance or place; without reasonable cause, seizes the property of any person on the pretence of seizing or searching for a narcotic drug or psychotropic substance or other article liable to be confiscated under this Act or seizes any document or article liable to be seized under this Act; or without reasonable cause, detains, searches or arrests any person,

Section 19

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Penalty against police officer or any other person authorised by Inspector General of Police

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Penalty against police officer or any other person authorised by Inspector General of Police Section A police officer or any other person authorised by the Inspector General of Police, on whom any duty is imposed under this Act who— refuses to perform such duty, unless he or she has lawful excuse for doing so; gives custody to a person with substance use disorder or any other person who is charged with an offence under this Act; or wilfully aids or connives at the contravention of any provision of this Act or any rule or order made under this Act,

Section 4

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Penalty for possession of narcotic drugs and psychotropic substances

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Penalty for possession of narcotic drugs and psychotropic substances Section A person who commits an offence under subsection (1) is liable, on conviction— Subsection (1) does not apply to— Subject to subsection (3) , a person who has in his or her possession any narcotic drug or psychotropic substance commits an offence. in respect of a narcotic drug listed in Schedule 2 to this Act, to a fine not exceeding fifty thousand currency points or three times the market value of the narcotic drug, whichever is greater or imprisonment not exceeding twenty years, or both; or in respect of a psychotropic substance listed in Schedule 3 to this Act, to a fine not exceeding twenty-five thousand currency points or three times the market value of the psychotropic substance, whichever is greater or to imprisonment not exceeding fifteen years, or both. a person who has possession of a narcotic drug or psychotropic substance under a licence issued under section 27 of the National Drug Policy and Authority Act, permitting him or her to have possession of the narcotic drug or psychotropic substance ; a medical practitioner , dentist , veterinary surgeon or registered pharmacist who is in poss...

Section 5

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Penalty for trafficking in narcotic drugs and psychotropic substances

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Penalty for trafficking in narcotic drugs and psychotropic substances Section A person who traffics in a narcotic drug or psychotropic substance represented or held out by him or her to be a narcotic drug or psychotropic substance commits an offence and is liable, on conviction— in respect of the narcotic drug or psychotropic substance to a fine not exceeding fifty thousand currency points or three times the market value of the narcotic drug or psychotropic substance , whichever is greater or imprisonment for life or both; or in respect of any substance, other than a narcotic drug or psychotropic substance , which he or she represents or holds out to be a narcotic drug or psychotropic substance , to a fine not exceeding twenty-five thousand currency points or imprisonment for a period not exceeding twenty years.

Section 6

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Penalty for other acts connected to narcotic drugs

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Penalty for other acts connected to narcotic drugs Section Subject to this Act, a person who— being the owner, occupier or concerned in the management of any premises , permits the premises to be used for— smokes, inhales, sniffs, chews or otherwise uses any narcotic drug or psychotropic substance ; without lawful and reasonable excuse, is found in any house, room or place where persons resort to for purposes of smoking, inhaling, sniffing, chewing or in any way using a narcotic drug or psychotropic substance ; the preparation of narcotic drug or psychotropic substance for smoking or sale, or the smoking, inhaling, sniffing, chewing or otherwise using any narcotic drug or psychotropic substance ; or the manufacture , production , sale or distribution of any narcotic drug or psychotropic substance in contravention of this Act; diverts a precursor of a narcotic drug or psychotropic substance under his or her possession for illicit manufacture or production of a narcotic drug or psychotropic substance ; or has in his or her possession or manufactures, any pipe, tool or other utensil for use in smoking, inhaling, sniffing or administering or in any other manner of using a narco...

Section 7

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Provisions relating to certain prescriptions

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Provisions relating to certain prescriptions Section A medical practitioner or dentist shall not— A veterinary surgeon shall not— A person authorised under subsection (5) shall not— prescribe for, administer, sell or supply to, any person a narcotic drug or psychotropic substance ; or sign any prescription or order for the supply to, any person of a narcotic drug or psychotropic substance , A pharmacist shall not sell or supply a narcotic drug or psychotropic substance to any person except where the narcotic drug or psychotropic substance has been prescribed by a medical practitioner , dentist or clinical officer or a nurse with a certificate in specialist palliative care. prescribe, administer, sell or supply a narcotic drug or psychotropic substance; or sign any prescription or order for the supply of a narcotic drug or psychotropic substance to an animal, A clinical officer or a nurse with a certificate in specialist palliative care, shall not prescribe or supply to any person a narcotic drug or psychotropic substance except where the narcotic drug or psychotropic substance is required for palliative care. The Minister responsible for health may, by statutory instrument,...

Section 8

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Removal of name from register

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Removal of name from register Section Where a medical practitioner , dentist , pharmacist, veterinary surgeon , clinical officer or nurse with a certificate in specialist palliative care or any other person authorised by the Minister responsible for health is convicted of an offence under this Act, he or she shall, notwithstanding any other written law, be liable to have his or her name removed from the register of practitioners licensed or registered to practice within Uganda as a medical practitioner , dentist , pharmacist, veterinary surgeon , clinical officer or nurse as the case may be.

Section 9

Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants - Penalty for receiving additional narcotic drug, psychotropic substance or prescription without disclosure of earlier receipt

Part II: Prohibition of possession of, and trafficking in, narcotic drugs and psychotropic substances and prohibition of cultivation of prohibited plants

Section Penalty for receiving additional narcotic drug, psychotropic substance or prescription without disclosure of earlier receipt Section A person who, in the course of treatment for a physical, dental or mental disease, or an owner or caretaker of an animal who, is supplied with or receives a prescription of a narcotic drug or psychotropic substance by a medical practitioner , pharmacist, dentist or veterinary surgeon , shall disclose to a medical practitioner , pharmacist, dentist or veterinary surgeon that he or she was supplied with or received a prescription of a narcotic drug or psychotropic substance before he or she is supplied with or receives a prescription for additional narcotic drugs or psychotropic substance . A person who fails to disclose to a medical practitioner , pharmacist, dentist or veterinary surgeon under subsection (1) and he or she is supplied with or receives a prescription for additional narcotic drug or psychotropic substance, commits an offence and is liable, on conviction, to a fine not exceeding twenty thousand currency points or to imprisonment for a period not exceeding ten years, or both.

Section 20

Forfeiture of narcotic drugs, psychotropic substances, implements and conveyance - Forfeiture of narcotic drug or psychotropic substance

Part III: Forfeiture of narcotic drugs, psychotropic substances, implements and conveyance

Section Forfeiture of narcotic drug or psychotropic substance Section Where— any person is found in possession of a narcotic drug or psychotropic substance — without legal authority to possess the narcotic drug or psychotropic substance ; or in excess of the quantity or of a different quality from what he or she is authorised to have in his or her possession; a narcotic drug or psychotropic substance is found in a place, other than a place it is authorised to be kept; or a contravention of any provision of this Act is committed in relation to any narcotic drug or psychotropic substance ,

Section 21

Forfeiture of narcotic drugs, psychotropic substances, implements and conveyance - Forfeiture of conveyance, implement, etc.

Part III: Forfeiture of narcotic drugs, psychotropic substances, implements and conveyance

Section Forfeiture of conveyance, implement, etc. Section A court which convicts a person of an offence under this Act may, in addition to any other penalty prescribed under this Act, order the forfeiture to the State— Where an application is made under subsection (2) to the court in which proceedings for the forfeiture and condemnation of any conveyance or article used in the commission of an offence, except where proceedings under Part IV are pending, the court if satisfied beyond reasonable doubt that— any chemical, machinery, equipment, implement, pipe, utensil, or other article used in the commission of the offence; or any conveyance used in the commission of the offence or for carrying any narcotic drug or psychotropic substance or for carrying any chemical, or any machinery, equipment, implement, pipe, utensil or other article used in the commission of the offence. Notwithstanding subsection (1) where a conveyance or an article is used in the commission of an offence without the involvement of an owner, the owner may apply to court for restoration of the conveyance or article. the person who was the owner of the conveyance ; and in the case of an aircraft or ship, the person...

Section 22

Restraint order, forfeiture of property and proceeds of crime - Interpretation of Part

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Interpretation of Part Section In this Part, unless the context otherwise requires— “ court ” means the High Court; “ defendant ” has the same meaning as in the Civil Procedure Act; “ respondent ” means the person against whom an application under section 23 (1) is made; “ restraint order ” means any order made under section 26 ; “ revenue ” means all tolls, taxes, rates, duties, fees, fines, penalties, rents and other sums due to the government or a local government; “ specified offence ” means— (a) an offence under section 4 , 5 , 6 or 7 or any other offence under this Act, specified by the Minister responsible for internal affairs, by statutory order, for the purposes of this Part; (b) a conspiracy to commit or an attempt to commit any offence in paragraph (a) ; (c) inciting another person or attempting to incite any person to commit any offence in paragraph (a) ; or (d) aiding, abetting, counselling or procuring any offence in paragraph (a) . For purposes of this Part, a reference to an “accused person” includes a reference to a defendant in respect of an offence under this Act.

Section 23

Restraint order, forfeiture of property and proceeds of crime - Application for restraint order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Application for restraint order Section An application for a restraint order under subsection (1) , may be made ex parte to the court , accompanied by an affidavit sworn on the information and belief of the Attorney General deponing to the following matters— An application for a restraint order shall not be entertained against any person— In this section “final decision” in respect of a complaint or information, means— Where there are reasonable grounds to believe that any person has committed a specified offence and after investigations have commenced in relation to the offence, the Attorney General may apply to the court for a restraint order in respect of any property which the Attorney General believes are proceeds of crime. the offence alleged to have been committed by the person and in relation to which investigation has commenced; the grounds for believing that the person committed the offence; and a description as far as is possible, of the property , in respect of which the restraint order is sought. after the investigation in subsection (1) is concluded and it is determined that no specified offence was committed by the person against whom a restraint order is sou...

Section 24

Restraint order, forfeiture of property and proceeds of crime - Transfer after notice of application for restraint order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Transfer after notice of application for restraint order Section A transfer of any property or right or interest in the property , in respect of which an application is made under section 23 , shall, while the application is pending and subject to the other provisions of this Part, be void. Where an application made under section 23 is dismissed by the court, and the Attorney General files a notice of appeal, the court may direct that this section continues to apply to the property in respect of which the application is made, until the appeal is finally disposed of.

Section 25

Restraint order, forfeiture of property and proceeds of crime - Service of notice of application for restraint order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Service of notice of application for restraint order Section Subject to this Act, a copy of the application for a restraint order shall be served on the respondent using the procedure for service of a notice of motion. The respondent shall be given reasonable opportunity of being heard before a final order is made on the application in accordance with the rules of court made in respect of the application, or until such rules are made, in accordance with the rules of court applicable to the hearing of motions. Notwithstanding subsection (1) , the court may make an interlocutory order to meet the ends of justice and to prevent the respondent from defeating the purpose of the provisions of this Part, before the service of notice under subsection (1) on the respondent.

Section 26

Restraint order, forfeiture of property and proceeds of crime - Restraint order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Restraint order Section Where an application for a restraint order is made under section 23 and court is satisfied with the matters referred to in section 23(2) , the court may make a restraint order prohibiting the respondent or any other person acting on his or her behalf, from disposing of, or in any way dealing with the property specified in the order or any interest in the property except in the manner that may be specified in the order. Without prejudice to subsection (1) , where an order is made under subsection (1) , a bank shall not pay to a respondent, or any other person, on the order of, or on behalf of the respondent, any money from sums held in any account by the bank in the name of the respondent.

Section 27

Restraint order, forfeiture of property and proceeds of crime - Notice of restraint order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Notice of restraint order Section A restraint order made under section 26 shall be served on the respondent in the same manner as if it is an order of injunction and shall be published in at least one newspaper of wide circulation in Uganda and in the Gazette and, where any property to which the order relates is situated in a country other than Uganda on the date of the order, the order shall be published in at least one newspaper of wide circulation in that country.

Section 28

Restraint order, forfeiture of property and proceeds of crime - Effect of restraint order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Effect of restraint order Section Nothing in subsection (1) shall prevent court from enforcing a mortgage, charge or any other transaction against any property in respect of which a restraint order is made, where the court is satisfied that— Where a restraint order is made by the court in respect of any property , all dealings in that property or any interest in that property , during the period when the restraint order is in force, shall be void. the mortgage, charge or transaction was registered or executed before the restraint order was granted; the recovery of any revenue due to Government or a local government by sale of any property , in respect of which the restraint order is made; the mortgage, charge or transaction was created bona fide for valuable consideration without notice of the application referred to in section 23 ; or the person in whose favor the mortgage, charge or transaction was created and registered was not concerned with, or privy to, the commission of a specified offence by the person against whom the restraint order is made. Where a restraint order is made in respect of any property , the Attorney General shall be a party to any action or other pr...

Section 29

Restraint order, forfeiture of property and proceeds of crime - Duration of restraint order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Duration of restraint order Section Subject to this Part, a restraint order in respect of any property shall remain in force until it is revoked by the court or until the property , in respect of which it is made, is forfeited to the State.

Section 30

Restraint order, forfeiture of property and proceeds of crime - Offences in respect of restraint order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Offences in respect of restraint order Section Any person on whom a restraint order is served, and who, while the order is in force, contravenes the restraint order , commits an offence and is liable, on conviction to imprisonment for a period not exceeding five years.

Section 31

Restraint order, forfeiture of property and proceeds of crime - Exclusion of property, recognition of claims and revocation of restraint order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Exclusion of property, recognition of claims and revocation of restraint order Section Where— Any person who has title to any property or who claims an interest, including a mortgage or charge in or over any property in respect of which a restraint order is made, may apply to the court , within thirty days after the making of the restraint order , stating the particulars of his or her claim; and where the court is satisfied that the applicant has title to the property , the court may exclude the property from the operation of the restraint order . An application under subsection (1) may be entertained by the court after the expiry of the period of thirty days if the court is satisfied that there are sufficient reasons to do so. No order excluding the property from the operation of a restraining order, shall be made under subsection (1) , by the court where there is reasonable ground to believe that the applicant was concerned in, or privy to, the specified offence alleged to have been committed by the person against whom the restraint order is made. after the expiry of six months or such further time as may be allowed by the court , from the date of a restraint order , no c...

Section 32

Restraint order, forfeiture of property and proceeds of crime - Stay of hearing of application

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Stay of hearing of application Section Where an application has been made to the court under section 23 for a restraint order and the person against whom the restraint order is sought is charged with specified offences, court may, on the application of the Attorney General or the respondent, stay the hearing of the application made under section 23 until a final decision is made in respect of the criminal charges.

Section 33

Restraint order, forfeiture of property and proceeds of crime - Death of person against whom restraint order is made

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Death of person against whom restraint order is made Section After considering the evidence of the Attorney General and the application of the legal representative of the deceased person under subsection (1) , court may— Where a person against whom a restraint order is made dies before the complaint made or information laid against him or her in any court in respect of a specified offence is decided or any appeal against any such decision is disposed of, his or her legal representative may apply to the court within sixty days after his or her death, for the revocation or variation of the restraint order . where it is satisfied that the person against whom the restraint order is made, committed the specified offence referred to in the application for the restraint order , make an order in accordance with section 39 and the provisions of sections 35 , 36 , 37 and 39 (3) and (4) shall, with the necessary modifications, apply to the proceedings under this subsection; and in any other case, revoke the restraint order .

Section 34

Restraint order, forfeiture of property and proceeds of crime - Variation of resistant order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Variation of resistant order Section Where an application is made by the person against whom a restraint order is made, or by any other person, the court may vary the restraint order in such manner as it may consider necessary, to meet the ends of justice.

Section 35

Restraint order, forfeiture of property and proceeds of crime - Certain liabilities to property under restraint order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Certain liabilities to property under restraint order Section The restraint order shall not affect— the rights of any person who has a mortgage or charge in respect of property liable to forfeiture, where— the mortgage or charge was created before the commission of the specified offence , in good faith and for valuable consideration; and the mortgagee or chargee is not concerned with or privy to the commission of the offence; or the right of any local authority to recover any arrears of revenue through the sale of the property .

Section 36

Restraint order, forfeiture of property and proceeds of crime - Provisions for payment of money owed

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Provisions for payment of money owed Section On the receipt of an application under subsection (1) and on satisfaction that the applicant was not concerned with, or privy to, the commission of the offence, the court may release from forfeiture and place at the disposal of the official receiver, part of the property of the person in respect of whom the notice is published under section 38 (2) , as it thinks fit, taking into account— Where a person in respect of whom a notice is published under section 38 (2) , owed immediately before the commission of the specified offence, money which is not secured by or charged on the property which is liable to forfeiture under section 39 , the person to whom the money is due, may apply to the court, within thirty days after the publication of the notice in a newspaper under section 38 or such further time as may be allowed by the court, requesting that part of the property of the person against whom a notice is published, is made liable to forfeiture and placed at the disposal of the Official Receiver for the payment of the money owed. whether the liability was incurred bona fide ; the secured debts of the person in respect of whom the...

Section 37

Restraint order, forfeiture of property and proceeds of crime - Claim by person who commits a specified offence

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Claim by person who commits a specified offence Section Any person in respect of whom a notice is published under section 38 (2) may apply to the court, within thirty days after the publication of the notice in a newspaper of wide circulation, for release from forfeiture, any of his or her property, on the ground that he or she acquired it— by succession or that the property is held by him or her in trust for the benefit of another person; by gift from any person who was not concerned with, or privy to, the specified offence of which he or she is convicted or with reference to which the application for forfeiture is made under section 39(4) , or any other offence under this Act; or with money earned by him or her through lawful means. Where the court is satisfied that the property was acquired by the person applying under subsection (1) in any manner specified in that subsection, the court shall, subject to any terms and conditions as may be specified by it, exclude the property from that forfeited to the State under section 39 .

Section 38

Restraint order, forfeiture of property and proceeds of crime - Procedure in respect of forfeiture

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Procedure in respect of forfeiture Section Where a person is convicted of a specified offence by a court other than the High Court, the court convicting him or her shall, as soon as possible after the conviction make a report to the High Court stating the particulars of the person convicted, the offence for which the person is convicted and other particulars as may be prescribed by regulations. The High Court on receiving a report under subsection (1) , or on convicting any person for a specified offence, shall publish in a newspaper of wide circulation in Uganda and in the Gazette , a notice of the conviction, the liability for the property to be forfeited, the rights of the persons referred to in sections 35 and 36 (2) and the person to whom the notice is to apply and any relief to which that person is entitled under sections 35 , 36 or 37 . For the purposes of this Part, the conviction of a person for a specified offence shall be deemed to be conclusive evidence that the person committed the specified offence . The Court may examine the person, in respect of whose property the application is made to determine his or her property with respect to any matter relating to the...

Section 39

Restraint order, forfeiture of property and proceeds of crime - Forfeiture order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Forfeiture order Section Where the court determines that the person against whom an application is brought, committed a specified offence , the order shall specify— At the conclusion of the proceedings under section 38 , the court shall make an order determining whether or not the person against whom the application is made committed a specified offence. the property to which the order applies; any mortgage or charge secured by or over the property ; the property placed at the disposal of the Official Receiver under section 36 (1) ; the property excluded from forfeiture under section 37 ; the property forfeited to the State; and the extent to which any property forfeited to the State is liable for arrears of revenue due to a local government. A notice shall be published in a newspaper of wide circulation in Uganda and in the Gazette , stating the particulars of the property placed at the disposal of the Official Receiver and the property forfeited to the State under subsection (2) . An order made under subsection (1) so far as it relates to immovable property forfeited to the State shall be treated for all purposes as if it were a transfer or other document effecting the tr...

Section 40

Restraint order, forfeiture of property and proceeds of crime - Effect of forfeiture order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Effect of forfeiture order Section Where an order is made under section 39 — no mortgage or charge in favour of any person or authority, other than the Government or a local government, except a mortgage or charge mentioned in the order as secured by any or all of the property in respect of which the order is made, shall be enforceable by any court or other authority in respect of the property stated in the order; and the property stated in the order as forfeited to the State, shall vest in the Government, subject only to a mortgage, charge , or arrears of revenue due to a local government, to which as expressly stated in the order, the property is subject. An order made under section 39 (1) in respect of immovable property shall be treated for all purposes as if it were a transfer or other document effecting the transfer of immovable property and, on the production of a certified copy of the order, the Registrar of Titles or the Commissioner of Lands, as the case may be, shall make the necessary annotations on the land register. A person who is in possession of any property forfeited to the State under section 39 (1) shall, on the production of a certified copy of the orde...

Section 41

Restraint order, forfeiture of property and proceeds of crime - Penalty for contravention of forfeiture order

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Penalty for contravention of forfeiture order Section Any person who contravenes section 40 (3) commits an offence and is liable, on conviction to a fine not less than the value of the property, which he or she refused or failed to hand over and to imprisonment not exceeding two years, or both.

Section 42

Restraint order, forfeiture of property and proceeds of crime - Restoration of forfeited property

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Restoration of forfeited property Section Where a conviction for a specified offence is set aside by a court on appeal, the court shall, where there is forfeited property order for restoration of the forfeited property .

Section 43

Restraint order, forfeiture of property and proceeds of crime - Arrangement regarding tracing or realising of property in a country other than Uganda

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Arrangement regarding tracing or realising of property in a country other than Uganda Section The Government may enter into an arrangement with the government of any other country and make provisions for— recovering and handing over to the Government of Uganda any property which is in that country in respect of which an order of forfeiture is made under section 39 ; or tracing and preserving any property in another country which is owned by or under the control of any person who has or is suspected to have committed any offence under this Act.

Section 44

Restraint order, forfeiture of property and proceeds of crime - Arrangement regarding tracing or realising of property in Uganda

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Arrangement regarding tracing or realising of property in Uganda Section The Government of Uganda may enter into a reciprocal arrangement with the government of any other country for— recovering, and handing over to the government of that country of any property in Uganda, which is confiscated by or forfeited to the government of that country in consequence of the commission by any person of an offence under a corresponding law of that country; or tracing and preserving any property in Uganda owned by or under the control of any person who has, or is suspected to have committed an offence under a corresponding law of that other country. Where an arrangement referred to in subsection (1) is entered into between the Government of Uganda and the government of any other country, the Minister responsible for internal affairs may, by statutory order, give effect to the arrangement and prescribe the procedure for recovering and handing over possession to the government of that country, or for tracing and preserving of any property to which the arrangement applies. An order made under subsection (2) shall be laid before Parliament within three months from the date the statutory ord...

Section 45

Restraint order, forfeiture of property and proceeds of crime - Procedure

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Procedure Section Proceedings under this Part shall be deemed to be civil proceedings. Subject to this Part, the practice and procedure of the court or any other court regarding any matter referred to in this Part shall be governed by rules made by the Chief Justice under section 83 .

Section 46

Restraint order, forfeiture of property and proceeds of crime - Concealing or transferring proceeds of trafficking

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Concealing or transferring proceeds of trafficking Section Any person who— Any person who, knowingly or has reasonable grounds to suspect that any property , in whole or in part, directly or indirectly represents, another person’s proceeds of trafficking — conceals or disguises any property which in whole or in part directly or indirectly represents, his or her proceeds of trafficking ; or converts or transfers any property which in whole or in part directly or indirectly represents, his or her proceeds of trafficking or removes the property from Uganda, conceals or disguises that property ; or converts or transfers that property or removes it from Uganda, Any person who, knowingly or has reasonable grounds to suspect that any property , in whole or in part directly or indirectly represents, another person’s proceeds of trafficking , acquires that property , commits an offence. In subsections (1) (a) and (2) (a), the references to concealing or disguising any property include reference to concealing or disguising the nature, source, location, disposition, movement or ownership or any rights with respect to that property. For the purposes of subsection (3) , consideration gi...

Section 47

Restraint order, forfeiture of property and proceeds of crime - Provisions of Part IV in addition to and not in derogation of Parts II and III

Part IV: Restraint order, forfeiture of property and proceeds of crime

Section Provisions of Part IV in addition to and not in derogation of Parts II and III Section The provisions of this Part are in addition to, and not in derogation of, the provisions of Part II and Part III , in relation to conveyance or forfeiture of any narcotic drug or psychotropic substance, or any other article or thing.

Section 48

Rehabilitation - Interpretation of Part

Part V: Rehabilitation

Section Interpretation of Part Section In this Part, unless the context otherwise requires, “centre” means a treatment and rehabilitation centre established under section 49 ;

Section 49

Rehabilitation - Treatment and rehabilitation centres

Part V: Rehabilitation

Section Treatment and rehabilitation centres Section The Minister responsible for health may establish, designate, or approve treatment and rehabilitation centres for the treatment and rehabilitation of persons with substance use disorder . The Minister responsible for health may authorise a person to establish a private treatment and rehabilitation centre for the treatment and rehabilitation of persons with substance use disorder . A person who wishes to establish a private treatment and rehabilitation centre under subsection (2) , shall, make an application to the Uganda Mental Health Advisory Board established under the Mental Health Act for accreditation of the centre. A person who has received accreditation under subsection (3) , shall, apply to the Minister responsible for health for authorisation to establish a private centre.

Section 50

Rehabilitation - Functions of the Uganda Mental Health Advisory Board

Part V: Rehabilitation

Section Functions of the Uganda Mental Health Advisory Board Section The Uganda Mental Health Advisory Board shall advise the Minister responsible for health on matters, that may be referred to it by the Minister, relating to the administration of the centres and the care, treatment and rehabilitation of persons with substance use disorder .