Essay on criminal procedure

2460 Words Mar 12th, 2014 10 Pages
“Uganda’s criminal laws give judicial officials discretion to decide on the cases they wish to handle and empower them to make phone calls to accused persons to appear before their courts.” With the aid of authorities discuss the veracity of the above statement.
With reference to the Black’s Law Dictionary a judicial officer is a person who holds an office of trust, authority or command. Judicial officers such as judges and magistrates have discretion to decide on cases they wish to handle however they are limited to Jurisdiction. There are three types of jurisdictions and they are; Territorial jurisdiction, Local jurisdiction and power to try cases.
Firstly, in accordance to territorial jurisdiction, section 4(1) of the penal code
…show more content…
A magistrate grade 2 may try any offence under any written law other than the offences and punishments specified in the first schedule of the MCA. Section 161(1) c) MCA. The sentencing powers of a magistrate grade 2 are limited to imprisonment for a period not exceeding three years or a fine not exceeding half a million shillings S. 162(1) c) MCA. In the Uganda vs c. Kiwanuka [1979] HCB 210, In this case the magistrate grade 2 tried the accused of the offence brought under the fire arms Act, which was an offence stipulated under the first schedule to the MCA to which a magistrate grade 2 had no powers to try. It was held that the conviction of the accused and sentence imposed on him by the magistrate grade 2 in disregard of the provisions of the first schedule was illegal.
Article 129 of the constitution gives a list of the courts of judicature in Uganda such as, the Supreme court which is a superior court of record and a final court but does not have original jurisdiction like high court but has appellate jurisdiction. With reference to article 132(2) of the 1995 constitution of Uganda provides that it hears appeals from the Court of appeal. The court of appeal has appellate jurisdiction and hears decisions of the high court with reference to article 134(2) of the 1995 constitution, also has powers to hear cases or petitions regarding any questions as to the interpretation of the constitution according to article 137, Constitutional

Related Documents