Picture this. You have been involved in a situation that leads to your arrest. What unfolds next involves a complex web of legal processes. In this article, we delve into the heart of Uganda’s legal system, exploring the nuances of arrests, rights of those detained, rights to fair hearing and avenues for appeal.

An arrest is the legal action of taking a person into custody by a law enforcement authority. It involves the restriction of an individual's freedom of movement due to suspected involvement in a crime.

Who can arrest?

  1. Police (With an arrest warrant) - An arrest warrant is an order issued by the judicial officer. However, a Police officer can arrest without an arrest warrant in some circumstances).
  2. Any private person who suspects commission of a crime. However, they must take the person to police immediately.

Under what circumstances can you be arrested without an arrest warrant?

When there is reasonable suspicion of having committed a crime.

Rights of an arrested person

  • A right to ask for an arrest warrant.
  • A right to ask where you are being taken for custody.
  • A right to not explain anything to the police officer at the time of arresting.
  • Right to know why you are being arrested.
  •  A person who has been arrested or detained must be informed in a language he/she understands the reasons for detention.
  • A right to get a lawyer of your choice.
  • A right to be arrested with reasonable force.
  • A right to get a medical doctor of your choice if they need one.
  • A right to talk or access relatives/ family members during reasonable hours.
  • A right to be taken to court with 48 hours from the time of the arrest.
  • A right to apply for police bond.

When can you be arrested?

A person can be arrested at any time of the day.

  • Upon committing a crime.
  • Reasonable suspicion of having committed a crime.
  • When a Police officer has an arrest warrant.
  • Upon reasonable suspicion of being about to commit a criminal offence under the laws of Uganda.

Did you know?

An arrested/ detained person must be taken to Court as soon as possible not later than 48 hours from the time of his or her arrest. Detaining someone for more than 48 hours is illegal and unconstitutional.

Weekends are not counted.

Release from Police

  1. You can be released on police bond.
  2. After reconciliation between parties.

What is police bond?

Police bond is the conditional release from police custody until investigations are completed. You then periodically report back to police as requested.

Police bond is free of charge.

What is bail?

Bail is written permission from court, allowing a person charged with a criminal offence to be out of jail while hearing of their case is still ongoing.

  • Whereas it is one’s right to apply for bail, court can choose to grant bail or not.
  • Bail can be cash or non - cash.
  • One needs sureties to get bail - the surety is to make sure that the accused person continues to appear in court until the case is completed.

When can your bail be cancelled?

  • When you fail to obey the bail terms.
  • When you are found guilty of the crime committed.

Detention

Detention is temporarily holding someone in custody or confinement. It involves placing restrictions on an individual's liberty for a specific period. Detention can occur in various contexts, including legal, educational, or immigration settings.

In a legal context, detention often follows an arrest and is a temporary holding period before formal charges are filed or further legal proceedings take place. During detention, individuals may be held in a designated facility, such as a police station or holding cell.

In other settings, such as schools or immigration centers, detention may involve temporarily holding someone for disciplinary reasons or to verify their immigration status, respectively.

The purpose of detention may vary, but it generally involves putting a limit on someone’s liberty for a given period for a specified period while authorities address specific issues or concerns.

Important to note:

  • Detention should be done in a designated place.
  • It should be done legally.

Remedies for unlawful arrest

  • You have a right to sue the Government through the Attorney General for compensation.
  • You can also bring a case against the police officer who effected the unlawful arrest.

Did you know that you are entitled to Fair Hearing?

A fair hearing means a hearing conducted impartially in accordance with the due process of the law, which a party has had reasonable notice as to time, place and issues or charges for which he/she can prepare and to which he/she has the opportunity to prepare and at which he is permitted to have assistance of a lawyer. This is a right under Article 28 of the Constitution.

What does the right to fair hearing mean?

  • One is considered innocent unless decided otherwise by court. Presumption of innocence is key to the right to a fair hearing in criminal proceedings. This is part of a right to a fair hearing.
  • The right to a fair hearing means that you are given enough time and facilities to prepare the defense.
  • You have a right to bring their witness to court for cross-examination.
  • An individual must be tried in his or her presence unless he/she has become a menace, or it has become impossible to try him/her in their presence.
  • An accused is entitled to a copy of the proceedings of the trial.
  • One must only be charged by an offence which constituted an offence at the time of its commission.
  • A fair hearing means one cannot be tried/punished more than once for the same offence.
  • A fair hearing requires that justice is not delayed.
  • A right to a fair hearing includes release of relevant information to the accused/ detained person. This is to enable him/her to know the nature of the accusation made against him/her.

Access free legal services in Kampala 

Uganda Network on Law Ethics and HIV/AIDS (UGANET)

  • Helpline available 24/7 on 0800 333123
  • Visiting days and Time
  • Monday to Friday 8:00am -5:00pm
  • Saturday 9:00am - 2:00pm
  • The premises are closed on public holidays
  • Address. Plot 19, Valley Road, Ministers Village, Ntinda

Read more about the services offered by UGANET. 

Bondeko Refugee Livelihoods Center

  • Office line available on 0393 254371
    Visiting days and Time
  • Monday to Friday 8:00am -5:30pm
  • Saturday 9:00am - 5:00pm
  • The premises are closed on public holidays
  • Located at Najjanankumbi LC II Entebbe Road, Stella Village South, Rubaga Division near Mustard Seed School

Read about the services offered by Bondeko. 

Access free legal services in Kyaka II 

Africa Humanitarian Action (AHA)

Help line available on +256 788622621
Visiting days and Time

Monday to Thursday 8:00am -5:00pm

Friday 8:00am - 2:00pm

The premises are closed on public holidays

Located at Bujubuli Base Camp, Kyaka II

Read about the services offered by AHA. 

 

If you have any questions about this article, please contact Tubulire  on Facebook via  https://www.facebook.com/Tubulire.Info or send us a message on WhatsApp or sms through +256 743345003  from Monday to Friday from 08:00 a.m. to 5:00 p.m.