CRIMINAL PROCEDURE NOTES

(TUMWINE WILLIAM)

CONTENTS OF THE COURSE

A) INTRODUCTION

THE NATURE OF CRIMINAL PROCEEDINGS

Criminal proceedings are the means or the process by which a person who is alleged to have committed an
offence is brought to justice. They are normally brought in the name of the state because in criminal trials,
neither the victim of the criminal act nor his individual sympathizers are taking part in the revenge for the wrong
done. Usually, there are punishments rather than paying compensation.

Criminal procedure is divided into two parts ie;

- Substantive law
- Procedural law

Substantive law defines the rights, duties and liabilities, whereas procedural law regulates conduct of litigation
and procedures. It prescribes the procedure of enforcing rights and duties. Therefor, criminal law rules govern
the conduct of criminal proceedings.

In short, criminal procedure contains rules of law governing the procedure by which crimes are investigated,
prosecuted, adjudicated and punished.

In the general sense, criminal procedure refers to the network of laws and rules which govern the procedural
administration of justice.

B) BRIEF OUTLINE OF THE COURSE CONTENTS

1) JURISDICTION

Which court has the power to handle a case and why?

2) ISSUES OF EXTRADITION

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3) ISSUES RELATING TO SUMMONS

How is one summoned to appear in court?

4) WARRANTS AND ARRESTS

Who has the powers of arrest and the procedures of arrest?

5) THE LAW DEALING WITH SEARCHES

Who can search? The procedure of searching, is a dog supposed to search, can a man search a woman and
vice versa?

6) THE ISSUE RELATING TO BAIL

 What circumstances should be considered before granting bail eg place of abode etc.

 The issue of sureties

 Can a student be a surety?

7) ISSUES OF CHARGES

 Defective charges
 Duplicity of charges
 Amendment of charges

8) TRIAL PROCEDURE IN MAGISTRATES’ COURTS

There are three stages; pre trial, after trial and thereafter trials and indictments

9) THE LAW OF PLEAS

 Their effects
 Change of plea
 Functus officio rule

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10) TRIAL IN THE HIGH COURT

 How it is conducted
 Committal proceedings
 Rationale and procedure of these proceedings

11) ASSESSORS

 Their role
 Obligations
 Number

12) JUDGMENT

 Contents of a reasonable judgment

13) SENTENCING

 Factors considered
 Previous convictions

14) ORDERS

 Fines
 Compensation
 Reconciliation etc

15) APPEALS AND REVISION

 Right of appeal
 How it is handled
 Revision
 Distinction between the two

C) THE LAW APPLICABLE

1) THE CRIMINAL PROCEDURE CODE ACT CAP 116

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This makes provisions for the procedure to be followed in criminal cases. Before 1970, this Code contained most
of the rules that govern criminal procedure in Uganda. It contained the law governing procedure in the High
Court and in the Magistrate’s Courts.

In 1970, the M.C.A was enacted to regulate both criminal and civil procedure in Magistrates’ Courts.

In 1971, the T.I.D, now T. I. A. was enacted to regulate criminal procedure in the High Court. The provisions of
the Criminal Procedure Code that were incorporated in the new Statutes were repealed from the Code.
However, some provisions were reserved in the Code and these are;

- Powers of arrest of the police and ordinary persons, sections 2 - 26 of the C.P.C.A.
- Those that regulate appeals and criminal revisions, sections 28 - 53

2) THE MAGISTRATES’ COURTS ACT CAP16

This is the main law governing procedure in the Magistrate Courts. It contains provisions relating to the following:

a) Establishment of Magistrate Courts

b) Appointment of Magistrates

c) The law to be administered

d) Criminal justice of Magistrates’ Courts

e) Procedures for administering criminal procedures and compelling persons to attend the court

f) Rules governing hearing of cases

g) Committal proceedings

h) Provisions relating to sentencing and orders imposed by Magistrates’ Courts.

i) Criminal appeals

3) THE TRIAL ON INDICTMENTS ACT CAP 23

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This consolidates the law relating to the trial of criminal cases and indictments before the High Court. It contains
the following;

 Rules governing institution of criminal cases before the High Court

 Procedure for conducting hearing before the High Court
 Provisions relating to sentencing and orders imposed in the High Court
 Provisions relating appeals from High Court.

An indictment is a charge or a formal written accusation of an offence drawn up and signed by the D.P.P and
filed in the registry of the High Court to be used as a basis for trial. Apart from the form and the court in which
they are used, there is really no difference in content between a charge and an indictment. On the other hand, a
charge is a formal written accusation of an offence drawn up either by a police officer or magistrate to be used in
a Magistrate’s Court.

4) THE EVIDENCE ACT CAP 6

This provides for relevancy and admissibility of facts, judicial notices, presumptions, burden of proof, witnesses
and their examination.

5) THE POLICE ACT CAP 303

It governs the constitution, administration, discipline and functions of police officers. It has provisions that are
relevant to criminal procedure especiary sec 11- 15. These provisions lay down the powers, privileges of police
officers when conducting criminal proceedings. The Act gives police officers power and to detect and bring
offenders to justice and prevents commission of the offence, execute promptly and obey orders issued by a
competent authority. Police officers are given powers to search, regulate assemblies, power to institute criminal
proceedings and power to dispose of unclaimed property.

6) THE PENAL CODE ACT CAP 120

It is not a statute regulating criminal procedure as such, but it contains criminal law which is enforced by criminal
procedure. It contains the general rules of criminal law general and specific defences, therefore criminal law and
criminal procedure compliment each other. It is not in practice possible to apply one branch without recourse to
the other.