Criminal Law

When a relative is arrested, they should cooperate with the lawful instructions and ask to know the reason for the arrest. Everyone has a constitutional right to be informed of the offence alleged against them.

The procedure involves: Invitation/summons – the witness attends the police station either voluntarily or upon being served with police summons; Introduction and purpose – the investigating officer introduces themselves and explains the purpose of the interview; Language – the interview is conducted in a language the witness understands; Recording the statement – the officer records the witness's statement verbatim in narrative form on police form 2B; Reading back – after recording the statement is read back to the witness to ensure accuracy; Corrections and signature – the witness is given an opportunity to make corrections, then signs or thumbprints the statement; No coercion – the statement must be given voluntarily, without threats, promises or inducement from the police.

At Mercio Advocates, we strongly advise that in a Police Statement you should include facts that are exculpatory in nature. DO NOT MAKE ADMISSIONS IN YOUR POLICE STATEMENT. If we, in court, decide as your legal counsel that we need to change plea from PNG to PG, We will advise accordingly. It is very hard to turn away from poorly made Police Statements since they are admissible in evidence. Those Police Statements are also used by the State Attorney to decide on the appropriate charges to charge you and whether to sanction your file or not. NB: Refusal to make a Police Statement does not mean that prosecution will not proceed.

Search of a person: A police officer may search a person who has been arrested; The search must be conducted with decency; For a female suspect, the search must be conducted by another woman; All articles seized, other than necessary wearing apparel, are placed in safe custody. Search of premises: A search is typically conducted under the authority of a search warrant issued by a court; A search warrant is executed between sunrise and sunset unless the court specifically authorizes it at any hour; The officer must first demand entry, if refused, they may break in; Local authorities of the area must be available; The occupant of the premises or their representative must be permitted to be present during the search; After the search, the officer prepares a search certificate detailing the items seized, signed by the officer, the occupant and any local leaders present.

Right to be informed of the reason of the arrest; Right to legal representation; Right to access next of kin; Right to be brought before a court as soon as possible, but not later than 48 hours from time of arrest; Protection from torture.

Police bond: A temporary release from police custody on condition that the suspect will appear at the police station or court on the specified date. The application is made orally to the officer in charge of the police station. The suspect provides reliable sureties who pledge to ensure their attendance. Application for unconditional release: Application made to court when a person is detained unlawfully, particularly beyond the constitutional 48-hour limit without being charged. Intervention by the DPP: While not a formal remedy for the suspect to apply for, the DPP can intervene if they find that a suspect's rights are being violated. A lawyer can write a letter to the DPP highlighting the unlawful detention and requesting intervention. The prerogative writ of habeas corpus: The constitution declares that the right to an order of habeas corpus shall be inviolable and shall not be suspended. The High court issues a writ of habeas corpus ad subjiciendum, directing the person in whose custody the detainee is held to produce them before the court in order to inquire into lawfulness of the detention.

Bail applications in the Magistrates court are most commonly made orally by the advocate. The accused must present sureties to the court. Sureties need to provide identification (National Identity Cards) and a letter from the LC1 chairperson. It is important that the LC1 Chairpersons letter is detailed and properly addressed. It is not advisable to address Court as: "To whom it may Concern!"

The application is made by a Notice of Motion. The motion is supported by an Affidavit sworn by the Applicant. The accused must present sureties to the court. Sureties need to provide identification (national identity cards) and a letter from the LC1 chairperson. It is important that the LC1 Chairpersons letter is detailed and properly addressed. It is not advisable to address Court as: "To whom it may Concern!"

An accused person has the right: To be presumed innocent; To a fair hearing; To legal representation; To a speedy trial.

Police Bond is granted by the Police before a suspect is taken to court while bail is granted by a court after a suspect has appeared before it.

Some matters may be resolved outside court through reconciliation, but serious offences such as murder, rape, defilement, aggravated robbery and corruption cannot be privately settled to stop prosecution. It is possible to admit the case in a Plea Bargain manner and compensate the victim. We can explain more about this procedure if you get in touch with us.

We have defended some of the most High Profile Criminal Cases in Uganda from Murder, Corruption, Abuse of Office, Extortion, Bribery etc. We also have a cordial relationship with the Prosecutors, Investigating officers and Prison warders in Uganda. Majority of Criminal law cases are not reported in Journals See: https://ulii.org/en/search/?q=Mercio+Advocates+&nature=Judgment