RIGHTS OF ACCUSED PERSONS IN CRIMINAL JUSTICE SYSTEM BY KIIZA SMITH: "ALL ABOUT THE RIGHTS OF ACCUSED PERSONS IN CRIMINAL JUSTICE SYSTEM "

By KIIZA SMITH

This research analyses the rights of an accused person stipulated in the 1995 Constitution of Uganda (as amended), Statutes of the Parliament and the Ratified International Instruments. The research also focuses on how the constitutional rights of an accused person have been observed in the Ugandan criminal justice system. The research covers the journey from the time of arrest to the time of either conviction or acquittal.

 

“Never judge someone's character based on the words of another. Instead, study the motives behind the words of the person casting the bad judgment. An honest woman can sell tangerines all day and remain a good person until she dies, but there will always be naysayers who will try to convince you otherwise. Perhaps this woman did not give them something for free, or at a discount. Perhaps too, that she refused to stand with them when they were wrong — or just stood up for something she felt was right. And also, it could be that some bitter women are envious of her, or that she rejected the advances of some very proud men. Always trust your heart. If the Creator stood before a million men with the light of a million lamps, only a few would truly see him because truth is already alive in their hearts. Truth can only be seen by those with truth in them. He who does not have Truth in his heart, will always be blind to her.”

― Suzy Kassem, Rise Up and Salute the Sun: The Writings of Suzy Kassem

• Language: English
• Publisher: BookRix
• Release date: Aug 16, 2020
• ISBN: 9783748753698

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RIGHTS OF ACCUSED PERSONS

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RIGHTS OF ACCUSED PERSONS

"IN CRIMINAL JUSTICE SYSTEM"

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RIGHTS OF ACCUSED PERSONS

"IN CRIMINAL JUSTICE SYSTEM"

KIIZA SMITH,

Bestselling law author

From the same author of "Principles of intellectual property"

THIS IS A RESEARCH-BASED BOOK [concerning a country called UGANDA (The Pearl of Africa), in East Africa]

Copyright © 2020 – Kiiza Smith, The TeeParkots Inc. publishers

All rights reserved. This book is protected under copyright laws. This book may not be copied or reprinted for commercial gain or profit without lawful permission by the copyright owner. The use of short quotations or occasional page copying for personal or group study is permitted and encouraged. Permission will be granted upon request.

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Other works

See also other books written by Kiiza Smith

PROPOSAL FOR THE BASIC PRINCIPALS IN INTELLECTUAL PROPERTY LAW BY KIIZA SMITH AND MAGUMBA INNOCENT

PRINCIPLES OF INTELLECTUAL PROPERTY LAW BY KIIZA SMITH AND MAGUMBA INNOCENT

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Senior Editor: Magumba Innocent.

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DEDICATION

With great pleasure, I dedicate this research to my loving sister Hon Namutamba Hellen, my parents, sisters, and brothers for the support and courage they offered to me during my academic life, and to all well-wishers of my success. To you people, you will always be special with the blessing from the Almighty God.

EPIGRAM

Never judge someone's character based on the words of another. Instead, study the motives behind the words of the person casting the bad judgment. An honest woman can sell tangerines all day and remain a good person until she dies, but there will always be naysayers who will try to convince you otherwise. Perhaps this woman did not give them something for free, or at a discount. Perhaps too, that she refused to stand with them when they were wrong — or just stood up for something she felt was right. And also, it could be that some bitter women are envious of her, or that she rejected the advances of some very proud men. Always trust your heart. If the Creator stood before a million men with the light of a million lamps, only a few would truly see him because the truth is already alive in their hearts. Truth can only be seen by those with truth in them. He who does not have Truth in his heart will always be blind to her.

― Suzy Kassem, Rise and Salute the Sun: The Writings of Suzy Kassem

ACKNOWLEDGEMENTS

I would also take this opportunity to thank my parents, brothers, and sisters for their support during my academic journey.

THE TABLE OF CONTENTS

TABLE OF STATUTES

The 1995 Constitution of the Republic of Uganda (as amended)

Magistrates Court Act Cap 16

Trial on Indictments Act Cap 23

The Police Act Cap 303

The Uganda Peoples Defense Forces Act 2005

The Children Act Cap 59

The Criminal Procedure Code Act

Court of Appeal Rules Direction 1996

The Supreme Court Rules Direction 1996

Universal Declaration of Human Rights 1948

International Covenant on Civil and Political Rights 1967

African (Banjul) Charter on Human and Peoples' Rights 1986

The Treaty for the Establishment of the East African Community(As amended on 14th December 2006 and 20th August 2007)

TABLE OF ABBREVIATIONS

UDHR --- Universal Declaration of Human Rights of 1948

ICCPR ---International Covenant on Civil and Political Rights of 1996

AFCHPR ---African Charter on Human and Peoples’ Rights of 1981

EAC ---The Treaty for the Establishment of the East African Community

MCA ---The Magistrates Courts Act Cap 16

TIA ---The Trial on Indictment Act Cap 23

CPC ---The Criminal Procedure Act Cap 116

UPDF ---The Uganda Peoples Defense Forces Act 2005

ABSTRACT

The study was about analyzing the rights of an accused person in Ugandan’s Criminal Justice System. The rights are enshrined in both the National Instruments like the 1995 Constitution of the Republic of Uganda (as amended), the Trial on Indictment Act, the Magistrates Court Act, the Police Act, the Children Act, the Criminal Procedure Act, the Penal Code Act among others and the International Instruments which have been ratified by the Republic of Uganda. The study groups these rights into three;

the rights before trial, which includes the right to protection from unlawful or unjust arrest, right to be kept in a place authorized by the law, the right to be informed soon after the arrest of the reasons for the arrest, the right to apply for a police bond, and a right to be brought to court within 48 hours;

the rights during trial proceedingsand these include the right to a fair hearing, the right to a speedy and public hearing, the right to bail, the right to be presumed innocent until found guilty, the right to present his defense, the right to an independent and impartial trial, the right to have an interpreter, the right to present his witnesses and a right to cross-examine the witness; and

the rights after trial andthese include the right to plead mitigation for sentence, the right to have days earlier spent in custody counted as part of the sentence, the right to a copy of the court’s judgment, and the right to appeal.

The study adopted the doctrinal research method to analyze the law provisions and the case law and found that to a great extent these rights have been violated by law enforcement organs in the name of national security, preventive arrest, and due to the ignorance of the populace.

It recommends that that state must do more in the field of sensitizing the people and the police officers of the existence of these rights to the accused person and the means of ensuring that justice is served minus violating the rights of an accused person.

CHAPTER ONE

INTRODUCTION

This research analyses the rights of an accused person stipulated in the 1995 Constitution of Uganda (as amended), Statutes of the Parliament, and the Ratified International Instruments. The research also focuses on how the constitutional rights of an accused person have been observed in the Ugandan criminal justice system. The research covers the journey from the time of the arrest to the time of either conviction or acquittal. The research groups these rights into three;

The rights before trial which includes the right to protection from unlawful or unjust arrest, the right to be kept in a place authorized by the law, the right to be informed soon after the arrest of the reasons for the arrest, the right to apply for a police bond, and a right to be brought to court within 48 hours.

the rights during trial proceedings and these include the right to a fair hearing, the right to a speedy and public hearing, the right to bail, the right to be presumed innocent until found guilty, the right to present his defense, the right to an independent and impartial trial, the right to have an interpreter, the right to present his witnesses and a right to cross-examine the witness.

The rights after trial and these include the right to plead mitigation for sentence, the right to have days earlier spent in custody counted as part of the sentence, the right to a copy of the court’s judgment, and the right to appeal.

The research identifies the challenges that hinder the full realization and observance of these rights available for the accused person which include corruption, political interference, and the ignorance of the populace of the existence of such rights. In the recommendation, the research outlines the sensitization of both the police officers and the members