Criminal Law
Criminal Law Practice – Mercio Advocates
Mercio Advocates provides expert Criminal Law services, representing individuals and organizations in matters including fraud, theft, assault, domestic violence, cybercrime, and white-collar crimes. The firm offers legal support throughout the criminal justice process, including bail applications, pre-trial negotiations, trial representation, victim advocacy, and criminal liability advisory. Their experienced lawyers are committed to protecting clients’ rights while handling every case with professionalism, discretion, and confidentiality.
Frequently Asked Questions
1. What should one do if a relative is arrested in Uganda?
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.
2. What is the procedure of recording a witness statement at the police station in Uganda?
- 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, which is to record their account of events related to an ongoing investigation.
- Language: the interview is conducted in a language the witness understands. If necessary an interpreter is used.
- Recording the statement: the officer records the witness’s statement verbatim in a narrative form. The statement is recorded on police form 2B
- Reading back: after recording the statement is read back to the witness to ensure it is an accurate record of what they said.
- Corrections and signature: the witness is given an opportunity to make any corrections. Once satisfied, the witness signs or thumbprints the statement. The recording officer also signs.
- No coercion: the statement must be given voluntarily, without threats, promises or indictment from the police.
3. Of what value is a Police Statement in Uganda?
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.
4. What is the lawful procedure for conduction a search of a person and of premises in Uganda?
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.
- Gaining entry: the officer must first demand entry, if refused, they may break in
- Local authorities of the area must be available.
- Witnesses: the occupant of the premises or their representative must be permitted to be present during the search.
- Search certificate: after the search, the officer prepares a search certificate detailing the items seized. This must be signed by the officer, the occupant and any local leaders present.
5. What are the constitutional rights or a suspect while in police custody before being charged in Uganda?
- 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.
6. What are the remedies available to a suspect to secure their liberty before being formally charged in court in Uganda?
- 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. Application is made by the suspect or someone on their behalf or lawyer.
- 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 is rights are being violated. A lawyer can write a letter to the DPP highlighting the unlawful detention and requesting intervention based on the DPP’s supervisory mandate over police investigations.
- 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
7. What is the procedure for applying for bail in a magistrate’s court in Uganda?
- 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 for 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!
8. What is the procedure for applying for bail in the high court of Uganda?
- 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 for 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!
9. What are the constitutional rights of an accused person in Uganda?
An accused person has the right;
- To be presumed innocent
- To a fair hearing
- To legal representation
- To a speedy trial
10. What is the difference between a police Bond and Bail in Uganda?
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.
11. Can a criminal case be settled outside court in Uganda?
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.
12. What is Mercio Advocates experience in Criminal Law?
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