Criminal Procedure is the process through which Penal laws are applied. It is procedural law rather than substantive law. Before proceedings commence in any case, the question of criminal jurisdiction must be taken care of. Criminal jurisdiction is the power vested in the courts of law to hear and determine criminal cases. There are three aspects of criminal jurisdiction, and these are;
- Territorial jurisdiction;
- Local jurisdiction; and
- The power to try a criminal case.
Territorial jurisdiction in criminal procedure
Territorial jurisdiction is confined to offences that are committed within the borders of Uganda. (Section 4 of the PCA). However, there are criminal offences which if committed outside the borders of Uganda, would be tried by the courts of Uganda as if they were committed within the borders of Uganda, such as treason, acts intended to annoy the person of the president, terrorism, concealment of treason, promoting war on chiefs among others (Section 4(2) of the PCA). It should be shown that the offender is a citizen of Uganda or a person ordinarily resident in Uganda.
There will also be an instance where the offence is committed partly in Uganda and partly without Uganda, and the law is to the effect that such an offence will be treated as if it had been wholly committed within the borders of Uganda. (S. 5 of the PCA)
Local jurisdiction in criminal procedure
After determining whether the case occurred within the borders of Uganda, the next question is whether it was committed within the local limits of a given magistrate’s court. Local jurisdiction affects magistrate courts. A magistrate’s court can only try a case that was committed within its local limits. (S. 31 of the MCA)
What does the power to try a criminal case mean?
- The power of the Supreme Court of Uganda. This is the highest appellate court in Uganda. It only hears and determines appeals that arise from the Court of Appeal of Uganda.
- The power of the Court of Appeal of Uganda. This Court hears and determines appeals arising from the decisions/judgments/rulings made by the High Court of Uganda.
- The power of the High Court of Uganda. This Court enjoys both appellate and unlimited original jurisdiction. It hears and determines appeals arising from the decisions/judgments/rulings made by the Chief Magistrates Court and Grade I Magistrates Court.
- The power of the Chief Magistrates Court. This Court has the power to try any case other than a case whose maximum penalty is death. This court can pass any sentence authorized by law, that is, imprisonment for life and any amount of fine. It also hears and determines appeals from Grade II Magistrate Court.
- The power of the Grade I Magistrates Court. This court has the power to try any case other than that in respect of which the maximum penalty is death or life imprisonment. The sentencing power of this court is only limited to 10 years imprisonment and 4,800,000/= or both.
Article 250(4) of constitution of Uganda 1995 as amended presents the State as the custodian of legal order and it is the Prosecutor where the laws are breached.
Criminal cases are committed against the State. Thus, criminal prosecutions are commenced in the name of the State [as the Prosecutor], and the Complainant/Victim becomes the principal witness of the State.
Criminal proceedings avail an opportunity to the State to prove its charges against the accused person(s) in which the accused person(s) will have an opportunity to respond to the charges before an independent and impartial court that will give a reasoned decision.
In criminal cases the police, the prosecution, the defense and the court all have the same objective and that is to discover the truth and in particular whether the accused person committed the offence for which he or she is being charged. Criminal proceedings involve a process from where the suspect is reported at police up to when the matter is concluded in court.
Complaint stage (How do I report a case at Police?)
- A person against whom an offence is committed (Victim) reports the case at the nearest police station.
- It is also allowed for any other person, than the victim of the offence, to report a criminal case committed against the victim to the nearest police station.
- The complaint is brought to the attention of the Officer in Charge of the Police Station (OC Station) who appoints an officer to effect an arrest.
- Plain Statements are extracted/recorded from the Complainant and witnesses (if any) upon registering the case and a SD Reference is extracted. A statement is also recorded from the suspect.
- The case is brought to the attention of the OC CID and a Police File is opened.
- A Charge sheet is drawn up by a police officer containing the statement of the offence alleged to have been committed and the particulars of such offence. The charge sheet should be signed by the police officer who preferred the charge and later by a judicial officer/court.
- The OC CID allocates the file to an Investigating Officer to conduct investigations into the antecedents of the alleged offence.
- If the investigations will take more than 2 days (48 hours) the suspect should either benefit from Police Bond upon producing sureties, (S. 24 of the Police Act) or be produced in court for purposes of being remanded.
- When investigations are concluded, the file is forwarded to the office of the Director of Public Prosecutions (Resident State Attorney) for perusal and legal advice on the propriety of the charge and sufficiency of evidence. (Article 120 of the Constitution).
Charge sheet (What is a charge sheet?):
A Charge Sheet is a formal written accusation of an offence drawn up either by a police officer or a Magistrate, signed by a Magistrate to be used in a Magistrate’s Court as a basis for a trial or proceeding.
A Charge Sheet take a prescribe form, and it is Police Form 53. [According to Section 85 of the Magistrate Courts Act] a charge sheet shall contain and shall be sufficient if it contains statement of the specific offence or offences with which the accused person is charged. The charge sheet (police form53) must contain;
- the heading and date,
- the police station the complaint was logged,
- the criminal register book number
- the name of the accused,
- statement of the offence and,
- particulars of offence,
- Signature and particulars of the officer preferring the charge.
A police file containing the charge sheet and all pieces of evidence sufficient enough to secure a conviction against the criminal suspect is sanctioned by the State Attorney. All files that have been sanctioned will be forwarded to the court registry where the cases will be entered into the criminal register (PROCAM) and assigned court numbers. They will be laid on the table of the chief magistrate for allocation to the presiding magistrates at the Station. The chief magistrate also allocates some of the files to himself or herself. A cause list will then be prepared indicating the date when the accused person will appear in court and the name of the presiding magistrate.
Reading of charge(s) and plea taking:
An accused then appears before court for first time and takes plea. The charges are read over to the Accused in a language he/she understands, however where it’s a capital offence charges will be read to him/her and shall further be remanded until when committed to the competent court with jurisdiction. Section 1 of the Trial on Indictment Act stipulates that the High Court shall have jurisdiction to try any offence under any written law and may pass a sentence authorized by law; except that no criminal case shall be brought under cognizance of the High Court for trial unless the accused person has been committed for trial to the High Court in accordance with the Magistrate’s Court Act
Procedure on plea of guilty:
But where the accused pleads guilty, prosecution shall proceed to state the brief facts of the case which shall be put to the accused and shall be required to confirm whether facts are true ADAN VS REPUBLIC 1973 EA 445. If the accused affirms to the facts as read by the prosecution, Court shall proceed to enter plea of guilty and convict the accused on his or her own plea of guilty.
Alloctus after plea of guilty:
Court proceeds to hear submissions on aggravating (Prosecutor) and mitigating factors (Defence) before passing sentence.
Procedure on plea of not guilty:
When the accused pleads not guilty to the charge or charges, the magistrate shall explain to the accused, the right to apply for bail as enshrined under article 23 of the Constitution.
The trial commences with the prosecution opening up its case by calling witnesses whose plain statements are on the file. Where the accused is represented by an advocate, shall put such questions to the witnesses in form of cross examination and state may re-examine the witness. The State must prove each ingredient of the offence(s) charged against the accused and the standard of proof is one of “beyond reasonable doubt”. Any doubt created by any weakness in the evidence adduced by the prosecution should be determined by court in favour of the accused person.
Ruling on a prima facie case. (a case to answer/no case to answer):
A prima facie case is to mean one in which a reasonable tribunal properly directing its mind to the law and evidence could convict the accused if no explanation is offered by defence. At the conclusion of the case for the prosecution, court is expected to make a ruling as to whether there is sufficient evidence for the accused person to defend himself. Where the court rules that an accused person should defend him or herself, it will proceed and explain to the accused options available.
The Defense Case:
Having ruled that the accused has a case to answer court will proceed and explain to the accused options available. Section 73(2) of the TIA, court shall inform the accused person of his or her right and includes the following
- to give evidence on his or her own behalf
- to make un sworn statement
- to call witness in his or her defense
Where an accused decides to take oath, he will be cross examined by state but where he chooses to make unsworn statements he will not be examined. And in all options the accused has a right to bring witnesses
Filling of Submissions:
After court has listened to the defense’s case, where the accused is represented by an advocate, court shall give direction to the parties to file submissions. Where the accused is not represented court will proceed to write judgment.
Judgment:
A judgement is a reasoned pronouncement by a judicial officer on a disputed legal or factual question which has been presented before him or her by parties. Section 136 of the Magistrates Court Act provides that every judgement delivered shall be written or reduced into writing under the personal direction and superintendence of a judicial officer in the language of the court and shall contain the point or points of determination.
A good judgement should follow a logical framework, an opening paragraph describing the parties, the charges against the accused or the nature of the case, a brief statement of essential facts of the case, the question(s) to be decided, the evidence adduced by both parties, direction and application on relevant law to the facts and final findings of the court.
Where court finds that evidence is not sufficient to sustain a conviction it will acquit the accused and discharge him accordingly but where there is overwhelming evidence the accused will be convicted.
Mitigation (Aggravating, Mitigating and Alloctus):
As per the sentencing guidelines, state will state the aggravate factors basing on the back ground of the accused and will pray court to for a heavier sentence of the accused, whereas the defense counsel shall mitigate for lenience in sentencing of the accused.
Sentencing:
After recording both the aggravating and mitigating factors, the court shall proceed to pass the sentence against the accused person.at this stage court can also go on and make any order such as compensatory order, return of property order disposal of exhibits and refund of bail fees.
Right of Appeal:
At the conclusion of a trial, the court shall explain to the party aggrieved a right to appeal.
SOURCES
The Constitution of the Republic of Uganda 1995
Police Act 324
Criminal Code Procedure Act Cap 122
Magistrates Court Act Cap 19
Trial On Indictment Act Cap 25
Sentencing Guidelines
Criminal bench book
Case Law