Uganda police act pdf

Recommendation for dismissal of police officers. Categories of police disciplinary courts. Establishment and composition of a police council appeals court. Establishment and composition of regional police courts. Establishment and composition of subordinate police courts. Decisions of the police appellate courts. Arrest for disciplinary offences. Place of confinement of offenders. Criminal proceedings take precedence over disciplinary proceedings.

Penalty and definition of desertion. Police Welfare Fund. Police pension scheme, etc. Police tender board. Power to appoint special constables. Responsibilities of special constables. Police reserve. Local administration police force. Giving false information to the police.

Harbouring police officers on duty. Complaints by the public against police officers. Employment of police officers on special duty at the expense of private persons. Control of private security organisations. Schedule Schedule Disciplinary code of conduct. Commencement: 14 October, The force shall be composed of— a the regular Uganda Police Force; b the Uganda Police Reserve established under section 66; c special constables appointed under section 64; and d any other person appointed as a member of the force under this Act.

Uganda Police Force UPF ACT Cap 1 The inspector general may, on the advice of the police council and in consultation with the Minister, make standing orders in respect of the force regarding— a the constitution, organisation, structure, ranks, responsibilities and command in the force; b the enlistment, training, promotions, transfers and discharge of police officers; c arms, accoutrements, dress, ceremonies and operations; d health, housing, equipment, welfare and recreation facilities; e the force accounts and office practice; f specialised units, their responsibilities and command; g any other matters which may promote efficiency and discipline on the part of a police officer in the discharge of his or her duties.

Uganda Police Force UPF ACT Cap 2 The inspector general may, in consultation with the police authority, make standing orders relating to pay, leave and conditions of service of members of the force and any other matters he or she deems fit. Uganda Police Force UPF ACT Cap 2 The police authority may appoint a committee from among its members to assist it in the performance of any of its functions and may assign to it such functions, subject to such conditions and restrictions, as the authority may think fit.

Uganda Police Force UPF ACT Cap 2 The police council shall consist of— a the Inspector General of Police as its chairperson; b the following members— i the Deputy Inspector General of Police; ii the director of the criminal investigation department; iii the director of special branch; iv the commandant of the mobile police patrol unit; v regional police commanders; vi the officers at the headquarters of the force responsible for the following— A operations; B training; C finance; D personnel; E legal affairs; F community affairs; G research, planning and inspectorate; H local administration police; c the following members appointed by the inspector general, in consultation with the police unit commanders— i an officer of the rank of assistant superintendent of police; ii an officer of the rank of inspector of police; iii three noncommissioned officers; and d the officer responsible for the administration of the force who shall be the secretary.

Uganda Police Force UPF ACT Cap 3 Where the President has delegated any of his or her powers as described in subsection 1 , the Public Service Commission shall have no functions in respect of the exercise by the relevant authority of the powers so delegated.

Uganda Police Force UPF ACT Cap 2 An oath or a declaration referred to in subsection 1 shall be taken or made before the inspector general or such other police officer as the inspector general may designate.

Uganda Police Force UPF ACT Cap 2 A person who fails to comply with subsection 1 commits an offence and is liable on conviction to imprisonment for a term not exceeding eighteen months. Uganda Police Force UPF ACT Cap 2 Without prejudice to the generality of subsection 1 — a a civilian may be employed on any of the following terms— i temporary; ii permanent; iii on contract; or iv on secondment; b the inspector general may, in consultation with the police authority, by statutory instrument, make rules and regulations governing the terms and conditions of service of civilians employed in the force.

Uganda Police Force UPF ACT Cap 2 A person who does not comply with the direction or regulation issued under subsection 1 commits an offence and is liable on conviction to imprisonment not exceeding three months or a fine not exceeding fifty thousand shillings.

Uganda Police Force UPF ACT Cap 4 Any person so arrested or any other person on his or her behalf who has reason to believe that any person is being unlawfully detained under this section may apply to a magistrate to have such person released with or without security. Uganda Police Force UPF ACT Cap 2 Subsection 1 shall not apply to a person who is arrested in one police area and is not to be questioned within the area in which he or she was arrested until he or she is transferred to the area where the offence was committed within seven days.

Uganda Police Force UPF ACT Cap 4 Where a complaint of torture of a suspect in custody is made to a magistrate, the magistrate shall order an investigation into the allegation; and if the allegation is proved to be true, the magistrate shall order for the examination and treatment of the person affected at the expense of the State, and any person responsible for the torture shall be charged.

Without prejudice to section of the Penal Code Act and section 7 of the Criminal Procedure Code Act, a police officer may search or detain— a a person in whose possession; or b a vessel, a boat, an aircraft or a vehicle in which, he or she has reasonable grounds to suspect that property stolen or unlawfully obtained may be found and may seize that property.

Uganda Police Force UPF ACT Cap 6 The occupant of the place searched, or some other person in his or her behalf, shall, in every instance, be permitted to attend during the search; and where possible a local leader should be present during the search. Uganda Police Force UPF ACT Cap 8 On the request of the owner or occupier of any premises being searched by a police officer, the police officer shall show that owner or occupier the search warrant authorising the search of the premises or his or her warrant card, as the case may be.

Any person who— a neglects or refuses to obey any order issued under section 35 1 ; b knowingly convenes, directs or takes part in any assembly or procession for which a permit is required under section 35 2 and for which no permit has been issued; or c violates any condition of a permit issued under section 35 2 , commits an offence and may be arrested without warrant and is liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a period not exceeding three months or to both.

The following persons are subject to the police disciplinary code of conduct— a an attested member of the force; b a person enlisted as a police officer or who is under training as a police officer; c a member of the local administration police force provided for under section 67; d a special constable referred to in section 64; e a police officer employed on contract under section 16; f a member of a security organisation placed under the command of the inspector general for the performance of police duties; and g any other person who accepts to perform duties in the force.

The power of disciplinary control of a police officer— a of or above the rank of assistant commissioner shall vest in the police authority; and b below the rank of assistant commissioner shall vest in the police council acting through a police disciplinary court. The following categories of disciplinary courts may have power to arrest, try and punish anybody under their jurisdiction— a the police council appeals court; b regional police courts; c subordinate police courts.

A constable appointed under section 64 shall— a have the same protection and shall perform the same duties as those performed by a police officer of an equivalent rank; b be under the command of the officer in charge of police in the area.

A person who knowingly— a harbours a police officer on duty; b entertains or supplies intoxicating liquor to a police officer on duty or a police officer in uniform; c permits a police officer on duty or in uniform to be upon his or her premises otherwise than in the course of his or her duty, commits an offence and is liable on conviction to imprisonment not exceeding six months or to a fine not exceeding fifty thousand shillings or to both. Disciplinary code of conduct.

The following persons are subject to the police disciplinary code of conduct— a an attested member of the force; b a person enlisted as a police officer or who is under training as a police officer; c a special constable referred to in section 64; d a police officer employed on contract under section 16; e any other person who accepts to perform duties in the force. Obligations of police officers.

A member of the force shall— a not use the authority of his or her office for undue gain; b not take away the liberty or rights of any person without reasonable cause; c not convert property of any person or any property which comes into his or her custody by virtue of his or her office; d treat humanely all persons at his or her disposal without discrimination; e not receive any undue gratification for services he or she is expected to render by virtue of his or her employment; f conduct himself or herself in a most decent and dignified manner at all times as an example for orderliness and law abiding; g not compromise law enforcement on account of relationship, patronage or any other influence; h treat all diplomats and foreign nationals with courtesy; i not consume alcohol in a public drinking place, while on duty, or in uniform or in possession of a weapon.

Relationship within the force. Offences by police officers. A police officer who— a being cognisant of any mutiny or sedition among the force does not use his or her utmost endeavour to suppress the mutiny or sedition; b being cognisant of any intended mutiny or sedition in the force does not without delay give information of that intended mutiny or sedition to his or her superior officer; or c being present at any assemblage tending to riot does not use his or her utmost endeavour to suppress the assemblage, commits an offence and is liable on conviction to imprisonment for one year.

Entering into marriage with a foreign national. Releasing or causing prisoner to be released. Causing loss to the Government. A police officer who does an act or omission in relation to his or her duties, the reasonable and natural consequence of which is to cause financial or any other loss to the Government or any other person, commits an offence.

Spreading harmful propaganda. Violence to a superior officer. Abuse of subordinate officer. Insubordinate or oppressive conduct.

Discreditable or irregular conduct. Scandalous manner. Falsehood or prevarication. A police officer is guilty of falsehood or prevarication if he or she— a makes or signs in any official document any statement which he or she knows or has reasonable grounds to believe to be false; b wilfully or negligently makes a false, misleading or inaccurate statement; c without good and sufficient cause, destroys or mutilates any official document or record, or alters or erases any entry in it; or d is guilty of any prevarication before any court or at any inquiry.

Offences in relation to official document. Inaccurate certificate by inspector or analyst. Disobedience of lawful orders. Neglect of duty. Withdrawal from duty or absence without leave. A police officer is guilty of withdrawal from duty, if he or she— a withdraws himself or herself from his or her duties unless expressly permitted to do so by the inspector general or by some other officer authorised to grant that permission; or b without reasonable excuse, is absent without leave from or is late for parade, court or any other duty.

Breach of confidence. A police officer is guilty of breach of confidence if he or she— a divulges any matter which it is his or her duty to keep secret; b without due authority discloses or conveys any information concerning any investigation or other police departmental matter to the press or to any unauthorised person; c without proper authority shows or conveys to any person outside the force any book or document, the property of the Government; d makes any anonymous, frivolous or vexatious communication or complaint, or makes a communication or complaint in an irregular manner; e signs or circulates any petition or statement with regard to any matter concerning the force, unless he or she does it through the proper channel of correspondence to the inspector general; or f calls or attends any unauthorised meeting to discuss any matter concerning the force.

Corrupt practice. Unlawful or unnecessary exercise of authority. A police officer is guilty of unlawful or unnecessary exercise of authority if he or she— a without good and sufficient cause makes any unlawful or unnecessary arrest; b uses any unnecessary violence to any prisoner or any person with whom he or she may be brought into contact in the execution of his or her duty; c is uncivil or uses improper language to any member of the public; or d interferes unnecessarily in any matter or with any person which or who is outside the scope of his or her authority.

Damage to clothing or other articles supplied for duty. A police officer is guilty of cowardice if while on duty he or she— a runs away from or incites others to run away from a riotous situation or civil disorder; b fails to use utmost exertion to carry out orders during a riotous situation or civil disorder; or c fails to use utmost exertion to avert any danger to himself or herself or others whom he or she is charged to protect.

Penalty for disciplinary offences. No pay during absence without leave, etc. Fines to be recovered by stoppage of payment. Interdiction and suspension. Pension rights, etc. A member of the board other than an ex officio member shall hold office— a on such terms and conditions as are specified in the instrument of appointment; b in the first instance, for a period not exceeding three years; and c shall be eligible for re appointment only for a subsequent period not exceeding three years.

The members of the board shall be paid such remuneration or allowances out of the funds of the Authority at such rates as may be determined by the Minister. The Authority shall have a secretariat to assist it in carrying out its functions under this Act. The financial year of the Authority shall be, in respect of any accounting period, the period of twelve months ending on the 30th June.

Any funds of the Authority not immediately required for any purpose under this Act shall be invested in such manner as the board may, with the approval of the Accountant General, determine.

Subject to this Act, the executive committee court at village level shall be the court of first instance in matters under this Part of the Act and appeals from that court shall follow the order of appeals as set out in section A family and children court shall, whenever possible, sit in a different building from the one normally used by other courts.

A family and children court shall not make a supervision order or a care order unless it considers that doing so would be beneficial to the child. The Rules Committee may make rules prescribing— a the procedure to be followed in a family and children court and, in particular, as to the recording of evidence and the manner of arriving at and recording of findings and orders; b the manner in which a family and children court shall be constituted.

On the application of a probation and social welfare officer or an authorised person , a family and children court may make— a a supervision or interim supervision order placing a child under the supervision of a probation and social welfare officer while leaving the child in the custody of his or her parents or relatives. Before making an application for a supervision order , the probation and social welfare officer or an authorised person shall be satisfied that — a the local government councils from village to subcounty level where the child resides have dealt with the matter without success; b there is need for continuous supervision enforced by a court order.

The duty to enforce a supervision order shall be vested in the probation and social welfare officer who applies for the order. A supervision order shall require the person with whom the child lives— a to inform the supervisor of any change of his or her address; b to allow the supervisor to visit the child at his or her home. The duty to enforce the care order shall be vested in the probation and social welfare officer who applies for the order. A person who without reasonable cause removes a child placed under emergency protection from a place of safety without the authority of the person in whose custody the child is commits an offence and shall be dealt with in accordance with this Act.

When a family and children court is satisfied that information concerning a child is being withheld by any person, it may summon that person to disclose the information. Legal guardianship 1 This Part applies to the guardianship of children in Uganda by citizens of Uganda. Application for legal guardianship Application for legal guardianship of a child — a may be made by any person above the age of eighteen years; b shall be made to the High Court; c shall be by petition in Form 1 set out in the Third Schedule; and d shall be accompanied by a report of the probation and social welfare officer.

A person aggrieved by a decision of the High Court under this Part, may appeal to the Court of Appeal. Upon an adoption order being made — a all rights, duties, obligations and liabilities of the parents and guardians in relation to the future custody, maintenance and education of the child , including all rights to appoint a guardian and to consent or give notice of consent to marriage, are extinguished; and b there shall vest in, and be exercised by, and enforceable against the adopter all such rights, duties, obligations and liabilities in relation to the future custody, maintenance and education of the child as would vest in him or her if the child were the natural child of the adopter born to him or her in lawful wedlock.

The registrar of births and deaths shall maintain an adopted children register in which shall be registered particulars of adoptions under this Act. An approved home shall only receive children in the following two ways— a in an emergency situation from a police officer, a probation and social welfare officer or any other person for a maximum period of forty-eight hours pending production of the child in court; or b on an interim care order or a care order.

While a child is in an approved home on a care order , the warden and staff of the home have parental responsibility for the child. A person who removes a child from an approved home without reasonable cause commits an offence and shall be dealt with in accordance with this Act. Any of the following persons may apply for a recovery order— a a person with parental responsibility for the child ; or b the probation and social welfare officer.

The Minister may make rules for carrying this Part into effect and in particular for — a prescribing the form of application for an approved home ; b prescribing requirements as to the accommodation and equipment to be provided in homes; c prescribing the medical arrangements to be made for protecting the health of the children in the approved homes; d regulating the management and discipline of an approved home ; and e regular inspection of the home. A person who is— a the mother of a child ; b the father of a child ; c the guardian of a child ; d the child himself or herself through a next of friend, may make an application for a declaration of parentage by complaint on oath to a family and children court having jurisdiction in the place where the applicant resides for summons to be served on— e the man alleged to be the father of the child ; or f the woman alleged to be the mother of the child.

The burden to prove parentage shall lie on the person alleging it. A declaration of parentage may be revoked for sufficient cause by the family and children court on the application of the person against whom it was made. If at any time after the expiration of one month from the making of a maintenance order, it is made to appear to a magistrate on oath that any sum to be paid under the order has not been paid, the magistrate may, by warrant signed by him or her, cause the person against whom the order was made to be brought before him or her; and if that person neglects or refuses to pay the sum due from him or her under the order, the magistrate may, by warrant signed by him or her direct — a that an attachment of earnings be made; or b that the sum due, together with any costs incurred, be recovered by distress and sale or redistribution of the property of the father or mother unless he or she gives sufficient security by way of recognisance or otherwise to the satisfaction of the court for his or her appearance before the court on a day appointed for the return of the warrant of distress, but not more than seven days from the taking of the security.

A person in whose custody a child is commits an offence if he or she misapplies any money paid for the maintenance of the child , and the grant of custody may be varied in the best interests of the child. A maintenance order shall cease to have any force or validity on the child attaining eighteen years.

Where the court is satisfied on information from a probation and social welfare officer or an official of a local government council that the parent who has custody of the child is wilfully neglecting or mistreating the child , custody shall be granted to the other parent. In separation, divorce and nullity cases there shall be joint consultation between the parents in bringing up the child where the circumstances permit and wherever possible.

Where the court during divorce, separation or nullity proceedings finds that the child is suffering or is likely to suffer significant harm as a result of both parents being unfit to have custody of the child , the court shall place the child in the custody of a fit person; but the parents shall be allowed to have reasonable access to their child unless it is not in the best interests of the child.

A family and children court shall have jurisdiction to hear and determine all criminal charges against a child except — a any offence punishable by death; b any offence for which a child is jointly charged with a person over eighteen years of age. The Minister responsible for gender, labour and social development in consultation with the district service commission, shall be responsible for the appointment and supervision of probation and social welfare officers.

The following provisions of the Penal Code Act shall cease to apply to children— a section 1 b ; and b section A person who contravenes any of the provisions of this Act commits an offence and, with the exception of a person convicted under section 98 , is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a period not exceeding six months or to both.

Any enactment in existence at the commencement of this Act shall have effect with such modifications as may be necessary to give effect to this Act.