Prisons Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ aggravated prison offence ” means an offence declared to be such by rules made under this Act; “ appellant prisoner ” means a convicted prisoner who is detained in a prison as a result of a conviction which is the subject matter of an appeal, notice of which has been accepted but the decision in regard to which has not been given but does not mean a convicted prisoner who has made an election under the provisions of section 40(5) of the Criminal Procedure Code Act; “ civil prisoner ” means an indebted person entitled to special treatment; “ Commissioner General ” means the Commissioner General of Prisons; “ convicted prisoner ” means a prisoner under a sentence of a court or court martial; “ court ” means any court or authority entitled to pass a sentence in a criminal case or to order a person to be detained in custody in any case; “ currency point ” has the value assigned to in Schedule 1 to this Act; “ Deputy Commissioner General ” means the Deputy Commissioner General of Prisons; “ judge ” means a judge of the High Court or higher court ; “ junior prison officer ” means a prison officer of a cl...

Section Powers of Prisons Authority Section Without limiting the generality of subsection (1) , the Prisons Authority may— The Prisons Authority may exercise such powers as are necessary or desirable to allow the proper discharge by it of its functions or any of them whether under this Act or any other law. acquire property for the conduct of its operations; establish training facilities for prisoners and staff and provide courses and scholarships for officers; arrange for an exchange of officers between the Prisons Authority and the relevant authority in another country or state or territory that is responsible for the operation of the Service ; engage persons to advise it in respect of matters of legal, financial or technical nature or that relate to the welfare of prisoners; enter into arrangements with any person or body for the purpose of any investigation, study or research that in the opinion of the Prisons Authority is necessary or desirable having regard to the functions of the Prisons Authority; engage a person other than a Commissioner General or, an officer of the Prisons Authority or a body of persons to conduct on behalf of the Prisons Authority any part of its operat...

Section Power of Prisons Authority to make rules Section The Prisons Authority may make rules in respect of— the management, security and good order of prisons; the safe custody, welfare and privilege of prisoners; the duties, functions, powers and conduct of its officers and employees; and all matters that are required or permitted to be the subject of such rules under the provisions of this Act. The Prisons Authority may prescribe a code of conduct for prison officers and other employees. The Prisons Authority shall ensure that the rules made under this section are brought to the notice of prison officers and employees.

Section Establishment of Prisons Council Section The Prisons Council shall consist of— the officers at the prisons headquarters responsible for— The following members shall be appointed by the Commissioner General in consultation with the officers in charge of prisons— There is established a council known as the Prisons Council. the Commissioner General who shall be the Chairperson; the Deputy Commissioner General who shall be the Vice Chairperson; directors; and prisoners’ administration; training; finance; personnel; legal affairs; research and planning; welfare and rehabilitation; and the regional prisons commanders. an officer of the rank of assistant superintendent of prisons; an officer of the rank of principal officer; and three non-commissioned officers. The officer responsible for administration in the Service shall be the secretary. The members of the Prisons Council in subsection (3) shall be appointed for a period of three years. The quorum for any meeting of the Prisons Council shall be ten members.

Section Functions of Prisons Council Section Subject to the Constitution and to this Act, the functions of the Prisons Council are— to make appointments and promotions of prison officers up to the rank of a principal officer; to exercise disciplinary control over all prison officers of and below the rank of principal officer through the established procedure; to advise the Prisons Authority on the rank structure in the Service ; to formulate terms and conditions of service of staff of the Service subject to approval by the Prisons Authority; to formulate and establish standards of recruitment and training within the Service ; to determine the types and quality of equipment and supplies to be procured by the Service ; to formulate and advise the Prisons Authority on the policy of the Service and ensure the implementation of that policy; to ensure efficient organisation and administration of the Service ; and to ensure that the Service is of a national character and composition. The Prisons Council may appoint a committee from among its members to assist it in the performance of its functions under this Act and may assign to it such functions subject to such conditions and restrictio...

Section Meetings of Prisons Council Section The Prisons Council shall meet at least once every three months at times and places as the Chairperson of the Prisons Council may determine. Where the Chairperson is absent from or for any other reason unable to preside at any meeting of the Prisons Council, the Vice Chairperson shall preside at the meeting. The Chairperson or any other person who acts as Chairperson shall determine the procedure of the meeting of the Prisons Council. The quorum for a meeting of the Prisons Council shall be ten. The decision of the majority of the members of the Prisons Council present at a meeting shall constitute a decision of the Prisons Council and in the event of an equality of votes relating to any matter the member presiding at the meeting shall have a casting vote. The Prisons Council shall cause a record to be kept of the proceedings at its meetings.

Section Regional prisons committees, their composition and functions Section The functions of the regional prisons committee are— A regional prisons committee shall be composed of— the following members— There shall be established a regional prisons committee in each region. to advise the Prisons Council on appointments, promotions, and other personnel matters; and any other duties assigned to it by the Prisons Council. the regional prisons commander as its chairperson; and the officers in charge of prisons in the region; a staff officer of the region who shall act as secretary to the regional prisons committee; a principal officer from each prison in the region; and one non-commissioned officer from each prison in the region appointed by the regional prisons commander. The regional prisons committee shall regulate its own procedure.

Section District prisons committees Section There shall be established a district prisons committee in each district whose functions are— The district prisons committees shall consist of the following— to advise the regional prisons committee on appointments, promotion of staff and other personnel matters; and any other matters assigned to it by the regional prisons committee. district prisons commander who shall be the chairperson; the deputy district prisons commander who shall be the deputy chairperson; a staff officer who shall be the secretary; a representative of principal officers; a representative of non-commissioned officers; a representative of other ranks; and an officer responsible for health, welfare, rehabilitation, farms, engineering and a representative of a recognised religion. The representatives specified in subsection (2)(f) and (g) shall be appointed by the regional prisons commander.

Section Composition of Uganda Prisons Service Section The Uganda Prisons Service established by Article 215 of the Constitution shall consist of— the Commissioner General and the Deputy Commissioner General ; regional prisons commanders, district prisons commanders, officers in charge of prisons; directors; heads of departments at prisons headquarters; and any other person appointed as a member of the Service under this Act.

Section Object of Service Section To achieve its object, the Service shall— The main object of the Service is to contribute to the protection of all members of society by providing reasonable, safe, secure and humane custody and rehabilitation of offenders in accordance with universally accepted international standards. professionalise and develop the staff; ensure a meaningful and adequate remuneration to its staff; and ensure proper living conditions for staff and the prisoners.

Section Functions of Service Section The functions of the Service shall be— to ensure that every person detained legally in a prison is kept in humane, safe custody, produced in court when required until lawfully discharged or removed from prison ; to facilitate the social rehabilitation and reformation of prisoners through specific training and educational programmes; to facilitate the re-integration of prisoners into their communities; to ensure performance by prisoners of work reasonably necessary for the effective management of prisons; and to perform such other functions as the Minister , after consultation with the Prisons Authority, may assign to the Service .

Section Financing of Service Section The management, administration and activities of the Service shall be funded from the Consolidated Fund or any other sources that may be accessed or generated by the Service subject to the provisions of the Public Finance Management Act. The Service shall engage in activities that are vital in securing adequate funding, generation of income from its assets, empowerment of staff and any other activities that shall promote good governance, peace, security and stability within the prevailing laws and regulations.

Section Powers of Commissioner General Section The Commissioner General may delegate any of his or her functions under this Act to— The Commissioner General shall, in addition to such other powers, duties and functions as may be conferred upon or assigned to him or her by or under this Act, be responsible for the efficient supervision, administration and control of the Service . The Commissioner General , in consultation with the Prisons Authority, may issue such rules, standing orders, administrative instructions as he or she may consider expedient for the efficient supervision, administration and control of the Service and for observance by prisoners and prison officers. The Commissioner General may, in the exercise of his or her duties, transfer any prison officer to any station or office in the Service from the station or office held by that officer other than the post held by such officer and may transfer any officer to any part of the country at the exigencies of the Service . Whenever it is necessary for the safe custody or transportation of any prisoner or any emergencies or any other purpose, the Commissioner General , may appoint such number of suitable persons as he or s...

Section Welfare of staff and prisoners Section The Service shall be provided with adequate resources and facilities to cater for the staff and the prisoners.

Section Establishment of Prisons Authority Section The Prisons Authority shall consist of— the following members— There is established an authority known as Prisons Authority. the Minister responsible for internal affairs as its chairperson; the Attorney General or his or her representative; the Commissioner General ; the Deputy Commissioner General ; the Permanent Secretary, Ministry responsible for public service; a senior officer in charge of personnel at the headquarters of the Service ; and two other persons appointed by the President. The two persons appointed by the President in subsection (2)(b)(vi) shall serve for two years and their term may be renewed. The Permanent Secretary of the Ministry responsible for internal affairs shall be the secretary to the Prisons Authority. The quorum of the Prisons Authority shall be five. The Prisons Authority may regulate its own procedure. The Prisons Authority shall meet at least once every four months at times and places as the Chairperson of the Prisons Authority may determine. If the Chairperson is absent from or for any other reason unable to preside at any meeting of the Prisons Authority, the members present shall elect one from...

Section Functions of Prisons Authority Section Subject to the Constitution and to this Act, the functions of the Prisons Authority are— to advise the Government on policy matters relating to the management, development and administration of the Service ; to advise the President on the appointment of the Commissioner General and the Deputy Commissioner General ; to make appointments and promotions of prison officers of and above the rank of assistant superintendent of prisons but below the rank of Deputy Commissioner General ; to make programmes for social rehabilitation and re-integration of offenders so as to enhance their ability to resettle in their communities; to develop and administer services and programmes for the purpose of counselling persons subject to non-custodial sentences; to develop and administer services and programmes designed to encourage prisoners, and persons referred to in paragraph (d) and to initiate, maintain and strengthen ties with members of their families and the community; to provide clear direction to all staff in their responsibilities; to provide strategic framework and plan for the development of the Service ; to determine the terms and conditions...

Section Appointment of Commissioner General and Deputy Commissioner General Section The Commissioner General and Deputy Commissioner General shall be appointed by the President in accordance with Article 216 of the Constitution .

Section Vacation of office of Commissioner General and Deputy Commissioner General Section The President may, on the recommendation of the Prisons Authority, remove the Commissioner General and Deputy Commissioner General from office due to the following— The President may remove the Commissioner General and Deputy Commissioner General in accordance with Article 216 of the Constitution . continued ill health; misconduct; inability to efficiently carry out the functions of that office; or in the public interest. The Commissioner General or Deputy Commissioner General may, at his or her own request and with the approval of the President, vacate his or her office on grounds of ill health or for any other reason that the President may deem sufficient subject to such conditions as to retirement benefits as are applicable to a staff member of similar rank in the public service.

Section Appointment of prison officers Section Subject to the Constitution and this Act, officers of and above the rank of cadet assistant superintendent of prisons shall be appointed by the Prisons Authority. The Prisons Council shall appoint officers below the rank of assistant superintendent of prisons.

Section Retirement Section Unless otherwise expressly provided in this Act, a prison officer — An appointing authority responsible for appointment of a prison officer may require the officer to retire— shall retire from his or her office on attaining the age of sixty years; or may retire after twenty years of continuous service or after attaining the age of forty-five years and having served continuously for ten years. in the public interest; due to continued ill health; due to inefficiency; or for any other sufficient reason. An appointing authority responsible for appointing prison officers shall require the officer to retire on medical grounds if the officer is declared by a prisons medical board or prisons medical officer to be unfit for further service in the Service due to medical, mental or physical incapacity. An officer affected by subsections (2) and (3) shall have a right to be heard.

Section Resignation by prison officers Section Subject to section 20 , a prison officer shall not terminate his or her service with the Service except with written permission of the appointing authority.

Section Conditions on termination of service Section A prison officer shall, on the termination of his or her service with the Service — cease to exercise all powers and authority vested in him or her by virtue of his or her office and; before he or she is issued with a certificate of termination of service, have handed over to the officer in charge of a prison or office at the place at which he or she was last stationed, all arms, accoutrements, ammunition, uniform insignia and other equipment which had been issued to him or her by virtue of his or her employment with the Service . Any prison officer who fails to comply with subsection (1) commits an offence, and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment for a term not exceeding one year, or both.

Section Service on contract Section An application under subsection (1) shall be made— A prison officer who has reached retirement age may apply to the appointing authority to serve in the Service on contract for a continuous period not exceeding two years at a time, but in any case, the total number of years served on contract shall not exceed four. in the case of a prison officer of or above the rank of assistant superintendant of prisons, to the Secretary to the Prisons Authority. in the case of a prison officer of or below the rank of assistant superintendant of prisons, to the Prisons Council.

Section Employment of civilians in Service Section The Public Service Commission, in consultation with the Commissioner General , may employ civilians to perform such administrative functions as are normally outside the line of duties of a prison officer , regulate the method of their employment, establish the terms and conditions of their employment, and provide for any other matters in relation to the employment of civilians as it appears to him or her to be reasonably necessary for the efficient administration of the Service . Notwithstanding the generality of subsection (1) a civilian may be employed in the Service on temporary, permanent or on contract terms. The Commissioner General may in consultation with the Prisons Authority, by statutory instrument make rules and regulations governing the terms and conditions of service of civilians employed in the Service .

Section Appointment, powers and duties of medical officer Section The Prisons Authority may, in consultation with the Health Service Commission, appoint a Director of Health Services, who will be responsible for direction and control of all health services in the Service . The Prisons Authority may, in consultation with the Health Service Commission, appoint qualified medical officers at every prison in the country who shall be responsible for all health care of all prisoners and staff in the prison for which he or she has been appointed. The functions and powers of the medical officer shall be prescribed by rules made under this Act.

Section Declaration of prisons Section The Minister may, by statutory instrument, declare any building, enclosure or place or any part of it to be a prison for the purposes of this Act; and may in like manner, declare that any prison shall cease to be a prison for the purposes of this Act. A prison shall include the grounds and buildings within the prison enclosure and also any other grounds or buildings belonging to or attached to it and used by prisoners or the staff of the prison . A building declared to be a prison shall meet minimum health standards. A writ, warrant or other legal instrument, in which it may be necessary to describe a particular prison , any description designating a prison by reference to the name of the place or town where it is situated, or other definite description, shall be valid and sufficient for all purposes.

Section Temporary prisons Section Whenever— it appears to the Commissioner General that the number of prisoners in a prison is greater than can be conveniently kept there and it is not convenient to transfer the excess number to some other prison ; or owing to the outbreak of epidemic disease within a prison or for any other reason, it is desirable to provide for temporary shelter or safe custody of any prisoners,

Section Segregation of male and female prisoners Section Except for the purpose of work or training, and only under strict supervision, male and female prisoners shall be kept apart and confined in separate prisons or separate parts of the same prison in such a manner as to prevent contact or communication between the sexes.

Section Officers in charge Section The officer in charge of a prison shall, subject to the provisions of this Act— The Commissioner General shall, in respect of every prison , appoint a prison officer as the officer in charge . be charged with the arms, accoutrements, ammunition, clothing and all other public stores and foodstuffs issued and delivered for the use of the prison and prison officers under his or her control, and with all public money for which he or she may be held accountable, all valuables, money, articles of clothing and other property entrusted to his or her keeping as being the property of prisoners, and shall account for the same in case of their being lost or damaged, otherwise than by unavoidable accident, theft, robbery or actual service; direct, supervise and control all administrative matters relating to the prison in question; issue directives or instructions to prison officers and prisoners, and ensure compliance with the directives and instructions; keep records in respect of the prison as may be required by the Commissioner General ; and perform such other duties or functions as the Commissioner General may assign to him or her under this Act. The offic...

Section Administrative divisions Section There shall be regional and district administrative divisions. A regional and district administrative division shall include an area declared by the Commissioner General to be such an administrative division for easy and better management.

Section Regional prisons commander Section The Commissioner General shall, in respect of each region appoint a senior prison officer to head the region, who shall be known as the regional prisons commander. The administration and supervision of prisons in a region shall be vested in the regional prisons commander.

Section Functions of regional prisons commander Section The regional prisons commander shall, subject to the direction of the Commissioner General , be responsible for the implementation of the departmental policies, projects and production, distribution of supplies and coordination of all institutional activities to ensure compliance to national and international standards governing treatment of offenders and prevention of crime in his or her region. The regional prisons commander will ensure that there is effective staff deployment, ensure there are contingency plans for crisis handling and ensure that the district commanders supervise all prisons against any human rights abuses within their administrative areas. The regional prisons commander will maintain regular follow up of reports between the Commissioner General and the region for proper coordination and administration.

Section District prisons commander Section The Commissioner General shall appoint a senior prison officer as district prisons commander who shall exercise such powers and perform such duties as the Commissioner General may direct.

Section Security measures Section The Commissioner General shall determine the security measures applicable to prisons, and may determine different security measures in respect of different prisons.

Section Prohibited articles Section Any person who, without lawful authority— brings or introduces in any manner into a prison a prohibited article ; or takes out from prison a prohibited article , In this section, “ prohibited article ” means any article enumerated in a list that the Commissioner General has decided shall be prohibited. The list referred to in subsection (2) shall be signed by the Commissioner General or by the officer in charge on behalf of the Commissioner General and it shall be fixed in a conspicuous place outside every prison . The list shall be written in English, Swahili and the language that the officer in charge considers to be the local vernacular.

Section Seizure of prohibited articles Section Whether or not any criminal or disciplinary proceedings are commenced against any person, a prison officer may seize any article found to be unlawfully in a prison and the Commissioner General may order its confiscation and forfeiture.

Section Trespassing Section A person who, without lawful authority, enters or remains within the boundaries of a prison or any place where prisoners are working commits an offence and if he or she refuses to leave when asked to do so may be arrested by a prison officer or a police officer. Any person convicted of an offence under subsection (1) is liable, on conviction, to a fine not exceeding fifteen currency points or to imprisonment for a term not exceeding six months, or both.

Section Unlawful possession of prison articles Section A person found in possession of any article whatsoever which has been supplied to a prison officer for use on duty, or of other prison property and— who fails to account satisfactorily for the possession of the article or property; who without due authority purchases or receives any article or property from any prison officer ; or who aids or abets any prison officer to sell or dispose of any such article or property,

Section Incitement to mutiny or disobedience Section Any person who— directly or indirectly instigates, commands, counsels, or solicits any mutiny, sedition of disobedience to any lawful command of a prison officer to any other prison officer ; or maliciously endeavours to seduce any prison officer from his or her allegiance or duty,

Section Harbouring prisoners Section A person who knowingly harbours a prisoner in a house, land or otherwise, or who knowingly employs any person under sentence of imprisonment and illegally at large, commits an offence and is liable, on conviction, to imprisonment for a term not exceeding one year.

Section General penalty Section A person who contravenes the provisions of this Act or any rules made under this Act, commits an offence and if no penalty is specially provided, is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment for a term not exceeding six months, or both.

Section Power to prosecute under other laws not affected Section Nothing in this Act shall exempt a prisoner or any other person from being prosecuted under any other law for the time being in force for any offence made punishable by this Act, or from being liable under any other law to any other or higher penalty or punishment than is provided for under such offence by this Act; but no person shall be tried twice for the same offence.

Section Punishment in different prisons Section A punishment lawfully imposed may be carried out partly in one prison and partly in another.

Section Forfeiture of remission as punishment Section A prisoner shall not be ordered to forfeit as a punishment more remission than he or she has earned.

Section Prescription of prison offences by Minister Section The Minister may, in consultation with the Commissioner General , prescribe what acts or omissions constitute a prison offence.

Section Punishment by confinement Section Punishment by close confinement shall not be inflicted unless a medical officer has examined the prisoner and certified in writing that the prisoner is fit to sustain it and the medical officer may advise the officer in charge to erminate the punishment if he or she considers it necessary on grounds of physical or mental health.

Section Prisoners may be charged before court for offences against discipline Section A prisoner may be charged before a magistrate with an offence against discipline and the magistrate may on convicting the prisoner , award any of the punishments mentioned in sections 102 , 103 , 104 , 105 , 106 and, in addition or in lieu thereof, may award imprisonment for a term not exceeding six months to run consecutively with the sentence then being served. No proceedings shall be taken against a prisoner in respect of any matter for which he or she has been punished under this Act.

Section Prisoners right to defence Section A prisoner shall not be punished for a prison offence until the prisoner has had an opportunity of hearing the charge against him or her and making a defence and where necessary and practicable, the prisoner shall be allowed the services of an interpreter.

Section Restriction on prisoner punishing Section A prison officer shall not employ a prisoner in the punishment of a fellow prisoner .

Section Registration of punishments Section The officer in charge shall cause to be entered in a register to be open to the inspection of the visiting justices a record of all punishments imposed upon prisoners showing, in respect of each prisoner punished, the name, the nature of offence and the extent of punishment.