Navigating Uganda’s Criminal Justice System, a simplified guide to the criminal law penal code Act cap 120
By Daisy Kabuura
In Uganda, criminal law is a key framework designed to address conduct regarded as harmful to society, property, life, morality, or safety. It is the government’s responsibility to manage criminal cases, and all proceedings are conducted in the name of Uganda or the state. This article aims to clarify Uganda’s criminal justice system, offering a simplified guide for those unfamiliar with its workings.
Lets understand the criminal responsibility ; The Ugandan criminal law has a very unique aspect that is its treatment of children below the age of 12. In this jurisdiction, such children are considered too young to comprehend and be held responsible for their actions, making them incapable of committing a criminal offence.
Now let’s derive roles in Criminal Cases: The central figures in criminal cases are the accused, often referred to as the “accused,” and the government always represented by the State Prosecutor or State Attorney. The accused is granted the opportunity to defend themselves, with the fundamental right to remain silent, as every individual is presumed innocent until proven guilty, as enshrined in the Constitution.
The Trial Process, according to the criminal law, in criminal cases, it’s upon the government to prove the accusations against the accused. The State Prosecutor or State Attorney employs witnesses and puts them on display to build a compelling case. The court typically is presided over by a Judge or Magistrate carefully considers the arguments presented by both the prosecution and the defence before reaching a verdict or what we can also understand as an outcome from the case
What is the Criminal administration of Justice? The primary purpose of the criminal administration of justice in Uganda is to determine whether an accused person committed the alleged crime. If found guilty, the court can impose one of four types of punishment: imprisonment, fines, community service, or a combination thereof.
Reporting a Crime is also another segment The journey through the criminal justice system starts when a crime is reported. Anyone who witnesses, suspects, or is a victim of a crime can become the complainant by reporting it to the nearest police station. Once reported, the police take charge of the investigation.
Investigation and Decision-Making after receiving a report, the police conduct an investigation and compile a case file. This file is then submitted to the Resident State Attorney (RSA), who acts as the government’s lawyer. The RSA also decides whether there is enough evidence to prosecute the accused in court.
In the reading of a criminal case , there are several possible Outcomes of a Criminal Case, and they can include ; Denial of Approval for Prosecution: The Office of the Director of Public Prosecutions (ODPP) may deny approval for prosecution if there is insufficient evidence.
Release on Bond or Bail: The accused may be released on bond by the police during further investigation or on bail by the court pending trial and this bond is filed for by the accused or the accused’s lawyer . there are necessities for a person who stands surety for the accused must meet legally for example ;
Guilty Verdict and Sentencing: If found guilty, the court may impose a prison term, fines, community service, or a combination thereof.
Caution: In some cases, a caution may be given, allowing the accused to go home.
Not Guilty Verdict: The accused may be declared not guilty and set free.
Roles of the Public: While the government bears the responsibility for criminal cases, the public plays a crucial role in reporting crimes to the police. There is no requirement for individuals to pay any fees to the police, ODPP, or the court. Witnesses may assist the police in the investigation and appear in court, covering their transport costs and upkeep.
Challenges and Disputes:
In some instances, victims, witnesses, or communities may not agree with the outcome of a criminal case. However, taking the law into one’s hands is not a solution. Vigilante justice is a criminal offence that can lead to imprisonment upon conviction.
Understanding bond and Serious Offences Depending on the severity of the offence, the police may release a suspect on bond or may not, especially in serious cases like defilement, rape, murder, manslaughter, and robbery involving deadly weapons. Simple offences, such as theft of livestock or minor alterations, are typically considered less severe.
Legal Timeframe, the law requires that a suspect held by the police must be brought to court within 48 hours of arrest. This ensures a swift judicial process and prevents prolonged detentions without legal proceedings.
For a youth navigating Uganda’s criminal justice system, it involves understanding key principles, roles, and potential outcomes. The government’s responsibility in prosecuting cases is complemented by the public’s role in reporting crimes and acting as witnesses. It is crucial to uphold the rule of law, avoiding vigilantism and trusting in the legal processes that contribute to a just and fair society. This simplified guide aims to empower individuals with the knowledge needed to comprehend and engage with Uganda’s criminal justice system.
