An Act to provide for the establishment, constitution and jurisdiction of, and the practice and procedure before magistrates courts and for related matters.

Magistrates Courts Act

<p>The Magistrates Courts Act, Cap 19 establishes <strong>magistrates' courts</strong> across Uganda, sets out the ranks and powers of <strong>chief magistrates</strong> and <strong>magistrates</strong>, and governs how these courts handle <strong>criminal cases</strong> and <strong>civil suits</strong>. It applies to anyone who appears before such a court—as an accused person, complainant, witness, surety, or party to a civil dispute. The Act also covers court locations, bail, bonds, trials, sentencing, appeals, and enforcement of court orders.</p><h3>Constitution, Jurisdiction and Location of Magistrates' Courts</h3><p>The <strong>Chief Justice</strong> designates <strong>magisterial areas</strong> and magistrates' courts, on the advice of the <strong>Judiciary Council</strong> and by statutory instrument. The Chief Justice appoints magistrates of two ranks—chief magistrate and magistrate—and may assign a magistrate to any magisterial area. A single magistrate lawfully empowered may form a valid court. Courts normally sit in a building assigned by the Chief Justice, but may sit elsewhere within local limits, or outside them with written authorisation. Magistrate's courts apply High Court rules and procedure unless a specific written law provides otherwise.</p><p>In civil matters, a magistrate's court may apply <strong>civil customary law</strong> if it is fair and not contrary to written law, and must decide based on justice, equity and good conscience where no written rule exists. The court must apply law and equity together, with equity prevailing where they conflict.</p><h3>Security Bonds for Peace and Good Behaviour</h3><p>A chief magistrate or magistrate grade I can require a person to show cause why they should not sign a bond to keep the peace or be of good behaviour. This applies where there is information of likely breach of the peace, vagrancy with intent to commit an offence, or habitual criminal behaviour. The bond period cannot exceed one year for peace, or three years for good behaviour in habitual offender cases. The magistrate must issue a written order stating the grounds, bond amount, duration, and required sureties. If you are present, the order must be read or explained to you; if absent, you will be summoned or arrested, and a copy of the order must accompany the summons or warrant.</p><p>After inquiry, if the court finds the bond is necessary, it will order you to sign a bond, with or without sureties, not exceeding the amount or period in the original order. A <strong>minor</strong> signs only sureties. If you fail to provide security, you may be imprisoned until the period ends or security is given, but not longer than three years. You can appeal a bond or forfeiture order to the <strong>High Court</strong>.</p><h3>Criminal Jurisdiction and Place of Trial</h3><p>A magistrate's court can summon any person found within its local area charged with an offence committed in Uganda, but can only try the case within its legal powers. The ordinary place of trial is the court covering where the offence occurred. You may also be tried where a consequence of your act occurred, or where a related offence happened. For offences on journeys, any court through whose area the offender, victim, or relevant thing passed has jurisdiction. If the place is uncertain, a court with jurisdiction over any possible area may try the case. The <strong>High Court</strong> decides disputes over which court should try an offence.</p><h3>Starting Criminal Proceedings, Summons and Warrants</h3><p>Criminal proceedings can be started by a police officer bringing an arrested person, by a public prosecutor or police officer laying a charge, or by a private person making a complaint. A private complaint must be made to a magistrate with jurisdiction, and the magistrate must consult the local chief unless a letter from the chief supports it. The court will draw a formal charge and issue a <strong>summons</strong> or <strong>warrant of arrest</strong>.</p><p>A summons must be in writing, signed and sealed, and state the time, place and offence. It may be served personally, left with an adult family member or employer, posted on the house if service cannot otherwise be effected, or sent by registered post to a company. A warrant may be issued before or after a summons, and may include a direction permitting release on a bond for non-capital offences. Warrants may be executed anywhere in Uganda. If arrested outside the issuing court's area, you are normally taken before a local magistrate who then sends you to the issuing court, unless distance or bail provisions apply.</p><h3>Search and Seizure</h3><p>Police may search the premises of an arrested person or a person named in an arrest warrant when they reasonably believe evidence is there. A magistrate's court can issue a <strong>search warrant</strong> on sworn evidence that an item is in a specified place. Search warrants may be executed on Sundays and usually between sunrise and sunset, unless the court authorises otherwise. Persons in charge must allow entry, and seizure and detention of property are governed by the Act. The court may order seized property returned, retained, or otherwise dealt with.</p><h3>Bail and Remand</h3><p>If you are charged with an offence, you may be released on <strong>bail</strong> at any stage, unless the offence is on the excluded list—such as offences triable only by the High Court, terrorism, cattle rustling, aggravated defilement, rape, certain corruption and firearms offences. A lower court's refusal of bail in a non-excluded case can be reviewed by a chief magistrate or the High Court. The High Court may grant bail even for excluded offences.</p><p>You have the right to bail after <strong>180 days</strong> in pre-trial remand for a death-penalty offence, or <strong>60 days</strong> for any other offence, unless you were committed to the High Court before the deadline or the magistrate finds continued custody necessary for public protection. Bail considerations include seriousness, punishment, past conduct, local ties, and risk to witnesses. If bail is refused, the court must give written reasons and tell you about further applications. Sureties may be discharged by applying to a magistrate, and a surety's death releases the estate. A recognisance may be forfeited if conditions are broken, leading to payment or imprisonment.</p><h3>Criminal Charges, Joinder and Double Jeopardy</h3><p>A charge must state the specific offence and enough particulars to give reasonable information. Multiple counts may be joined in one charge if they arise from the same facts or form a series of similar offences. Accused persons may be joined and tried together in specified circumstances, such as same transaction or related property offences.</p><p>You have the right not to be tried twice for the same offence after a competent court has convicted or acquitted you, while that decision stands. However, you may be tried later for a different offence arising from the same acts if the court lacked competence for it, or if new consequences appear. Previous convictions or acquittals can be proved by certified copies, prison certificates, or fingerprint evidence.</p><h3>Witnesses and Evidence</h3><p>The court can summon witnesses and require production of documents or things. A witness who fails to attend without lawful excuse may be fined up to <strong>20 currency points (UGX 400,000)</strong> or imprisoned as a civil prisoner for 15 days, subject to High Court review. Witnesses must give evidence on oath or affirmation; a child who does not understand an oath may give unsworn evidence but a conviction cannot rest solely on it unless other material evidence links the accused. Reports by Government analysts, ballistics experts, and geologists may be used in evidence. If an accused absconds, the court may take evidence in their absence for later use. The accused has the right to testify in their own defence but cannot be compelled, and the prosecution cannot comment on a decision not to testify. An accused who is the only defence witness must be called immediately after the prosecution closes.</p><h3>Mental Health and Fitness to Stand Trial</h3><p>If the court has reason to think you are mentally ill and cannot defend yourself, it must stop the case and inquire. If found incapable, you may be released on bail with conditions for care, or held in safe custody, and the matter is reported to the <strong>Minister</strong> who may order confinement as a criminal lunatic. If a medical officer later certifies you are capable, the <strong>Director of Public Prosecutions</strong> decides whether to continue. The defence of insanity may be raised at trial; if successful, the court finds you not guilty by reason of insanity and orders custody, with periodic reports to the Minister. A person who is not insane but cannot understand proceedings is still subject to the process, and the Minister may order detention or release.</p><h3>Trial Procedure and Decisions</h3><p>At the hearing, the accused must be told the substance of the charge and asked to plead. A guilty plea may lead to conviction and sentence; a not guilty plea leads to trial. The court may proceed in the accused's absence only if the accused consents or is removed for disruptive behaviour. Trial must generally continue day to day, with adjournments limited: no more than <strong>30 days</strong> if the accused is not in custody, and <strong>15 days</strong> if detained.</p><p>The prosecution presents evidence first. If no case is made out, you are acquitted. Otherwise, you are called to defend, either on oath, by unsworn statement, or by calling witnesses. The court may amend a charge if no injustice results, and you have rights to recall witnesses and adjourn. After hearing all evidence, the court decides conviction or acquittal. Judgment must be written, dated, signed, and read in open court, with reasons and the offence and law specified. You have the right to be defended by an advocate. Several alternative convictions are allowed, such as convicting for a lesser offence or attempt when the full offence is not proved.</p><h3>Sentencing and Penalties</h3><p>A chief magistrate may handle any criminal case except those where the maximum punishment is death; a magistrate grade I may handle any case except death or life imprisonment. A chief magistrate may pass any lawful sentence; a magistrate grade I may impose up to <strong>10 years' imprisonment</strong> or a fine of up to <strong>500 currency points (UGX 10,000,000)</strong>, or both. Magistrates' courts cannot try the robbery offence under section 267(2) of the Penal Code Act.</p><p>Upon conviction, the court may impose a fine, imprisonment, or both, and may make any order authorised by law. When a fine is imposed, the court must consider the offender's means and may allow at least <strong>30 days</strong> to pay, or instalments, or deductions from salary/wages (no more than half of monthly earnings). Failure to pay a fine can lead to imprisonment in default, but no more than 12 months, subject to a statutory scale. The court may also order compensation to a victim, payment of costs, restitution of stolen property, and forfeiture or disposal of property linked to an offence. A convicted person may be placed under police supervision for up to five years for robbery or other offences declared by the Minister.</p><h3>Civil Suits, Res Judicata and Transfers</h3><p>You may bring a civil suit in a magistrate's court unless barred by law. Suits must be filed in the lowest grade court competent to hear the matter. A suit concerning land or movable property under seizure is generally filed where the property is located. Other civil suits may be filed where the defendant lives or carries on business, or where the cause of action arose. The principle of <strong>res judicata</strong> bars retrying matters already finally decided between the same parties. Pending prior cases also require a stay. The High Court and Chief Magistrates Court may transfer cases between courts when necessary.</p><h3>Appeals and Supervisory Powers</h3><p>You may appeal to the <strong>High Court</strong> against a conviction by a magistrate's court, on facts, law, or both. If you pleaded guilty, appeal is limited to the lawfulness of the plea or sentence. The Director of Public Prosecutions may appeal an acquittal. Civil appeals from magistrate's courts also go to the High Court, with leave required for second appeals. A chief magistrate has supervisory powers over lower courts and may call for records to check legality. The High Court may also revise orders and transfer cases.</p><p>Bail may be granted pending appeal. The High Court may reserve a question of law for its opinion. A magistrate's court may refer a legal question to the High Court during a trial, and must do so if the Director of Public Prosecutions requests.</p><h3>Prosecutors and Miscellaneous Powers</h3><p>The <strong>Director of Public Prosecutions</strong> appoints public prosecutors and controls private prosecutions, including taking over or stopping them. Public prosecutors may appear without written authority. Bank managers must provide documents to the Director or authorised police officers during investigations. The Chief Justice may make rules for magistrates' courts, and the Minister responsible for finance may amend Schedule 1 on currency points with Cabinet approval. Court seals and sealed documents are admissible as evidence without further proof.</p><p>This Act overrides the Criminal Procedure Code Act and Civil Procedure Act for magistrate's courts where they conflict, but those Acts still apply to matters not covered here. The Act also transfers appeals under older laws to the appropriate court under this Act.</p><p>This overview is for general education only. It is based on the section summaries provided and is not a substitute for the authoritative text of the Magistrates Courts Act, Cap 19, or current statutory instruments. If you need legal advice on a specific situation, consult a qualified lawyer or the relevant court.</p>

If a person to be served with a summons cannot be found after a genuine effort, the summons may be left with an adult member of their family, with a servant who lives with them, or with their employer. A person left with the summons must sign a receipt on the back of the original summons whenever the serving officer requires it. This method is only proper when the summoned person has not been found despite due diligence.

Where due diligence cannot find a summoned person, summons may be left with an adult family member, live-in servant, or employer; recipient must sign if asked.

Section 46: Service when person cannot be found

Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving the duplicate for the person with some adult member of his or her family or with his or her servant residing with him or her or with his or her employer; and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt for it on the back of the original summons.

Section 46: Service when person cannot be found

46.Service when person cannot be found

Plain English Summary