Criminal law in Uganda

Uganda’s criminal law distinguishes offences according to the applicable statute and the conduct involved. Under the Penal Code Act, Chapter 128, an offence is an act, attempted act or omission punishable by law. A felony is generally an offence punishable by death or imprisonment for three years or more, while other offences are misdemeanours. The Penal Code was consolidated on 23 December 2024, but specific conduct may also fall under separate statutes such as the Anti-Terrorism Act, Anti-Corruption Act, Prevention of Trafficking in Persons Act, Narcotic Drugs and Psychotropic Substances (Control) Act, Prevention and Prohibition of Torture Act and Domestic Violence Act. The Uganda Police Force and its Criminal Investigations Directorate receive complaints, make arrests, investigate cases and handle exhibits. A report can be made at a local police station in person or by telephone; emergency police numbers are 999 and 112. The police may seize an item when reasonable grounds exist, but the exhibit should be recorded and a copy of the record provided. A complaint about police misconduct can be made using Police Form 105. The Office of the Director of Public Prosecutions reviews investigations, directs prosecutions and may take over or discontinue a private prosecution. A private complaint may also be presented directly to a competent magistrate where reasonable or probable cause exists. A police or prosecutorial charge may lead to a warrant or summons. An arrested person should be told the reason and alleged offence, receive reasonable access to a lawyer, next of kin and a doctor, and be brought before court within 48 hours. The Constitution protects the presumption of innocence, adequate time and facilities to prepare a defence, interpretation where needed, examination of witnesses, and the right not to give compelled evidence against oneself or a spouse. It also protects against double jeopardy and guarantees a fair, speedy and public hearing before an independent court. Protection against torture and habeas corpus are non-derogable safeguards. Magistrates Courts handle trials, bail and committal proceedings within their jurisdiction. A Chief Magistrate generally handles offences other than those carrying the death penalty, while a Grade I Magistrate cannot try offences carrying death or life imprisonment; robbery is outside magistrates’ jurisdiction. The High Court has unlimited criminal jurisdiction and handles serious indictment trials, bail, revision and supervision. A case commonly proceeds from report and investigation to prosecution review, charge, plea, prosecution evidence, a possible no-case ruling, defence evidence, judgment and sentence. An accused person may give sworn or unsworn evidence or remain silent, and the prosecution may not comment on that silence. Witness summonses can require attendance, with non-compliance potentially leading to a warrant. Since 24 February 2026, mobile courts may conduct valid criminal proceedings outside ordinary court premises. Bail is constitutionally available by application, although the court applies discretion under the Bail Guidelines 2022. The court considers factors such as the seriousness of the offence, risk of absconding, danger, previous attendance and interference with witnesses or evidence. Release becomes mandatory after 60 days on remand before trial for an offence triable by the High Court or a subordinate court, and after 180 days before committal for an offence triable only by the High Court. Summary offences with a maximum punishment of six months or twelve currency points generally require a charge within twelve months, while other delay questions depend on the case. Appeals from a Grade II Magistrate go to the Chief Magistrate and then the High Court. Appeals from a Chief Magistrate or Grade I Magistrate go to the High Court on fact or law. A High Court decision may be appealed to the Court of Appeal and then the Supreme Court. The High Court can also exercise revision and supervisory powers. Plea bargaining is governed by the Judicature (Plea Bargain) Rules 2016 and supported by the ODPP Plea Bargain Unit; the victim should be consulted during the process. Sentences can include a fine, imprisonment, life imprisonment, probation or community service. The death penalty remains legally available but is reserved for exceptional cases described as the rarest of the rare. Community service applies to minor offences with a maximum sentence of six months and can involve up to eight hours per day. Courts should credit time spent on remand and may order compensation or restitution while considering the effect of the offence on victims and the community. Sentencing objectives include denunciation, deterrence, public protection, rehabilitation, reintegration and reparation. Victims may express views about a case and its effect under the ODPP Victims Rights and Empowerment Guidelines, including during plea bargaining and sentencing. Witnesses who receive a summons have a duty to attend and testify. Uganda has no specific Witness Protection Act identified for this framework; the ODPP and police use administrative or ad hoc protection measures, risk assessment and safety support, although funding and capacity can limit protection. Justice Centres Uganda provides free legal advice and representation for vulnerable or indigent people. The Poor Persons Defence Act 1998 provides legal aid in High Court cases where insufficient means are established and certified. Private advocate fees vary, and no general criminal-case cost can be stated. For children, criminal responsibility begins at 12 years and a person under 18 is treated as a child, with the age at the time of the offence decisive. Police custody should not exceed 24 hours or the earlier court appearance, and a parent or guardian and the local children officer should be informed. Children should not be held in adult detention; child bail or bond is generally preferred, and refusal requires reasons with a right of appeal. The Family and Children Court deals with child cases in camera and informally, with legal representation. Remand limits are three months for an offence punishable by death and 45 days for other offences, while case and detention periods depend on the type of case and the child’s age. Road offences include driving without a licence, registration or insurance, careless or reckless driving, dangerous loading, mobile-phone use while driving, failure to wear a seat belt or helmet, and driving under the influence of alcohol or drugs. Police may conduct blood or breath tests and impound vehicles. Reckless driving causing injury is a criminal offence, and driving under the influence can attract up to 300 currency points, up to three years’ imprisonment or both. The Express Penalty Scheme Regulations 2024 provide a process for certain minor traffic offences. Official 2025 police records listed 76,069 tickets for unroadworthy vehicles, 67,190 for careless or inconsiderate driving, 31,804 for no insurance and 30,629 for no valid licence; these figures show enforcement activity, not crime prevalence. Digital offences are governed mainly by the Computer Misuse Act 2011, Chapter 96, including charge-specific conduct involving unauthorised access, interception and data interference. In Alternative Digitalk Ltd v Attorney General [2026] UGCC 3, decided on 17 March 2026, the Constitutional Court held the Computer Misuse (Amendment) Act 2022 void because Parliament lacked the required quorum. The judgment also made sections 11, 23 and 26 to 29 of the 2023-edition Computer Misuse Act unenforceable and held Penal Code sections 162 and 163 on criminal libel void. The statute and judgment applicable on the date of the alleged conduct therefore need to be checked before relying on a digital charge. Community mechanisms such as mato put, reconciliation, compensation and restitution may supplement the formal system, but they do not replace prosecution of a felony or other serious offence. Criminal proceedings address public offences; civil-law claims may concern separate compensation or other private remedies. Access to courts, remand facilities, legal aid, witness support and court availability can differ by region and institution.