Section 34: What Happens When You Appeal a Conviction in Uganda
34.Powers of appellate court on appeals from convictions
(1)The appellate court on any appeal against conviction shall allow the appeal if it thinks that the judgment should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence or that it should be set aside on the ground of a wrong decision on any question of law, if the decision has in fact caused a miscarriage of justice, or on any other ground if the court is satisfied that there has been a miscarriage of justice, and in any other case shall dismiss the appeal; except that the court shall, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred.
(2)Subject to subsection (1), the appellate court on any appeal may—
(a)reverse the finding and sentence, and acquit or discharge the appellant, or order him or her to be tried or retried by a court of competent jurisdiction;
(b)alter the finding and find the appellant guilty of another offence, maintaining the sentence, or with or without altering the finding, reduce or increase the sentence by imposing any sentence provided by law for the offence; or
(c)with or without any reduction or increase and with or without altering the finding, alter the nature of the sentence.
(3)Where the appellate court maintains or imposes a sentence of imprisonment not exceeding three years in the exercise of its powers under subsection (1) or (2), if the appellant satisfies the court that there are special reasons, having regard to the nature of the offence for which the appellant was convicted, his or her age or antecedents that the sentence should be suspended, the court may order that it be suspended and shall record its reasons for making the order.
(4)An order suspending a sentence under subsection (3) is referred to in this Act as a "suspension order" and the period during which any of the sentence remains suspended as the "suspension period".
(5)Where a suspension order is made, the sentence to which the order relates shall not continue to have effect unless the appellant commits another offence punishable by a substantive sentence or imprisonment without the alternative of a fine within the period of two years next following the date upon which the sentence would have expired, calculated without remission.
(6)Before making a suspension order, the appellate court shall explain to the appellant in ordinary language his or her liability under subsection (5).
(7)If it appears to a court that a person in respect of whom a suspension order has been made has been convicted of an offence punishable by a substantive sentence of imprisonment without the alternative of a fine, committed during the suspension period, the court shall—
(a)issue a summons requiring the person to appear at the time and place specified in the summons;
(b)issue a warrant for his or her arrest; or
(c)if he or she is in custody, issue a warrant requiring his or her production before the court,
as the circumstances shall require.
(8)Where a person appears before the court in obedience to a summons or warrant issued under subsection (7) and it is proved to the satisfaction of the court that the person—
(a)is an offender in respect of whom a suspension order was made; and
(b)has been convicted of an offence, punishable by a substantive sentence of imprisonment without the alternative of a fine, committed during the suspension period,
the court shall, subject to subsection (9) by warrant under its hand, order that the offender be committed to prison to serve the sentence to which the suspension order relates, and any such sentence shall be deemed to commence from the date on which the commitment warrant was issued; except that—
(c)if the offender is already serving a sentence of imprisonment, the warrant of commitment shall direct that the sentence shall be executed after the expiration of the total period of imprisonment to which the offender is already subject; and
(d)if the offender had served any period of a sentence before the suspension order was made, in addition to any remission to which the offender is entitled under the Prisons Act, he or she shall be granted remission equivalent to any such period.
(9)Notwithstanding subsection (8), if the court before which an offender appears under the provisions of subsection (8) is of the opinion, having regard to all the circumstances, including the trivial nature of the offence committed during the suspension period, that it would be inexpedient to make an order committing the offender to prison, it may direct that the offender be discharged; and if the suspension period has not expired, the suspension order shall continue to have effect for the remainder of that period.
(10)Jurisdiction under subsections (7), (8) and (9) shall be exercised—
(a)in the case of a suspension order made on an appeal to the High Court, by a judge of that court;
(b)in the case of a suspension order made on an appeal to a court presided over by a chief magistrate, by the chief magistrate having jurisdiction over the area within which the offender happens to be.
Plain English Summary
If you have been convicted of a crime, you have the right to appeal to a higher court. The appellate court can set aside your conviction if the origin...
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