Uganda Police Code of Conduct

Below is the Uganda Police Force Code Of Conduct according to the Uganda Police Act

PART VI—DISCIPLINE.

44.Establishment of the police disciplinary code of conduct.

(1)There shall be a disciplinary code of conduct which shall be the basis for disciplinary control of all police officers and other persons employed in the force under this code of conduct.

(2)The code established under subsection (1) shall be in the form set out in the Schedule to this Act.

(3)The Minister may, in consultation with the inspector general, by statutory instrument, amend the code.

45.Persons subject to the code.

The following persons are subject to the police disciplinary code of conduct—

(a)an attested member of the force;

(b)a person enlisted as a police officer or who is under training as a police officer;

(c)a member of the local administration police force provided for under section 67;

(d)a special constable referred to in section 64;

(e)a police officer employed on contract under section 16;

(f)a member of a security organisation placed under the command of the inspector general for the performance of police duties; and

(g)any other person who accepts to perform duties in the force.

46.Disciplinary control of police officers.

The power of disciplinary control of a police officer—

(a)of or above the rank of assistant commissioner shall vest in the

police authority; and

(b)below the rank of assistant commissioner shall vest in the police council acting through a police disciplinary court.

47.Dismissal of police officers.

(1)Subject to this Act, the police authority shall have the power to dismiss a police officer of or above the rank of assistant superintendent of police.

(2)The dismissal of a police officer of or above the rank of assistant commissioner of police under subsection (1) shall be subject to the written approval of the President.

48.Recommendation for dismissal of police officers.

(1)A police disciplinary court established under section 49 may, subject to the provisions of the code, impose any penalty other than dismissal.

(2)Where, after a trial, a police disciplinary court is of the view that dismissal should be an appropriate penalty to be imposed, it shall make recommendations to that effect—

(a)in the case of senior police officers, to the police authority; and

(b)in the case of subordinate police officers, to the police council.

49.Establishment of a police disciplinary court and protection of members from legal proceedings.

(1)There shall be established a police disciplinary court at every

police unit.

(2)For purposes of subsection (1), there shall be established police disciplinary courts, whenever a breach of the code occurs at any place and time within the jurisdiction of the following police units—

(a)force headquarters;

(b)regional or extraregional police headquarters;

(c)district or division headquarters;

(d)police stations; and

(e)police post or police detachment.

(3) A police disciplinary court established under subsection (1) shall—

(a)hear and determine any disciplinary matter involving a person subject to the code;

(b)have powers to award any punishment authorised by or under this Act.

(4)A senior police officer or an officer in charge of a police unit or establishment shall have power to institute disciplinary proceedings against any officer under his or her command who commits a disciplinary offence.

(5)A presiding officer senior in rank to the officer in charge shall be appointed in accordance with this Act to hear and determine the disciplinary case in accordance with the rules of procedure governing the disciplinary trials as the inspector general may prescribe in the police standing orders.

(6)In the performance of his or her duties under subsection (3), a member of a police disciplinary court shall enjoy the same immunity and privileges as enjoyed by a magistrate.

(7)Nothing in this Act shall affect the jurisdiction of any ordinary civil court to try a person for an offence triable by a police disciplinary court.

50.Categories of police disciplinary courts.

The following categories of disciplinary courts may have power to arrest, try and punish anybody under their jurisdiction—

(a)the police council appeals court;

(b)regional police courts;

(c)subordinate police courts.

51.Establishment and composition of a police council appeals court.

(1) There shall be established a police council appeals court which shall consist of—

(a)a presiding chairperson not below the rank of assistant commissioner of police;

(b)two senior police officers;

(c)a force political officer;

(d)a police legal officer;

(e)two other members appointed by the chairperson of the police

council.

(2)The quorum of the police council appeals court shall be five members, including the chairperson.

(3)The police council appeals court shall be the highest appellate police court in the force.

(4)An appeal shall be properly lodged to the police council appeals court if it is based on one or more of the following grounds—

(a)erroneous findings;

(b)illegality of sentence;

(c)any miscarriage of justice;

(d)a point of law;

(e)severity of punishment.

(5)In conducting its business, the police council appeals court may sit at any place within Uganda.

52.Establishment and composition of regional police courts.

(1)There shall be a regional police court at each regional headquarters which shall have both original and appellate jurisdiction to try and determine all disciplinary cases.

(2)The regional police court shall consist of—

(a)a presiding chairperson who shall not be below the rank of assistant superintendent;

(b)two or four other police officers not below the rank of corporal; and

(c)an independent prosecutor who may be an officer of the criminal investigation department.

(3)The quorum of the regional police court shall be three members, including the chairperson.

(4)The regional police court shall be competent to award punishments in accordance with the Schedule to this Act.

(5)Where the regional police court has no jurisdiction to award a punishment, it shall convict the defaulter and submit a record of the

proceedings to the inspector general, who may present the proceedings to the police council appeals court with recommendations, for awarding punishment.

(6)If the punishment awarded under subsection (5) involves dismissal of a senior police officer, the record shall be submitted to the police authority.

53.Establishment and composition of subordinate police courts.

(1)There shall be established a subordinate police court at each police unit which shall be constituted whenever a disciplinary offence is committed and shall consist of—

(a)a presiding chairperson who shall not be below the rank of assistant inspector;

(b)two other officers above the rank of the defaulter; and

(c)an independent prosecutor who may be an officer of the criminal investigation department.

(2)The quorum of the subordinate police court shall be three members, including the chairperson.

(3)The subordinate police court shall have powers to award any of the punishments specified in the Schedule to this Act.

54.Decisions of the police appellate courts.

(1)Upon the hearing of an appeal from a police disciplinary court, the appellate court, if it allows the appeal shall either—

(a)quash the conviction and set aside the sentence;

(b)affirm the finding of guilty but vary the sentence as it deems fit; except that no punishment shall be increased or any punishment added on appeal unless the defaulter is first given a further opportunity of being heard;

(c)direct a retrial on the charge in which case the appellant shall be tried again as if no trial on the charge has been held.

(2) The appellate court may disallow an appeal if, in the opinion of the court to be expressed in writing, there has been no substantial miscarriage of justice; and the court shall go ahead to affirm the decision of the lower police court.

55.Appeals.

(1)A police officer who has been punished under the code may, within fourteen days after he or she is informed of the decision of the police disciplinary court, appeal to a higher police disciplinary court.

(2)An appeal under subsection (1) shall lie against conviction or

sentence.

(3)An appeal under subsection (1) shall be—

(a)in the case of the decision of a subordinate police disciplinary court, to a regional police disciplinary court;

(b)in the case of the decision of a regional police disciplinary court, to the police council appeals court.

(4)An appellant shall submit his or her appeal to a unit commander in whose jurisdiction he or she was tried.

(5)A unit commander on receiving an appeal submitted under subsection (4) shall transmit it to the next higher authority within fourteen days after receiving the appeal.

(6)The trial disciplinary court shall submit a copy of the proceedings to the appellate disciplinary court.

56.Arrest for disciplinary offences.

Where a person subject to the code commits or attempts to commit an offence against the code, he or she may be arrested with or without a warrant by a police officer higher in rank.

57.Place of confinement of offenders.

A police officer arrested in respect of an offence under section 56 shall be informed as soon as is practicable of the nature of the offence and be confined in a guardroom or a cell provided for that purpose.

58.Criminal proceedings take precedence over disciplinary proceedings.

If criminal proceedings of a nature likely to warrant disciplinary proceedings are instituted against a person subject to the code, no such disciplinary proceedings shall be taken until the conclusion of the criminal proceedings and the determination of any appeal from those proceedings.

59.Penalty and definition of desertion.

(1)A person who deserts the service in the force commits an offence and is liable on conviction by a criminal court to imprisonment for one year.

(2)A police officer deserts if—

(a)he or she absents himself or herself without authority from his or her unit or formation or from the place where his or her duty requires him or her to be, with the intention of not returning to that unit, formation or place;

(b)while absent with authority from his or her unit or from the place where his or her duty requires him or her to be, during that absence forms the intention of not returning to that unit or place;

(c)while absent with authority from his or her unit or formation or the place where his or her duty requires him or her to be with the intention of not returning to that unit or formation or place does an act or omits to do an act the natural and probable consequence of which act or omission is to preclude his or her return to that unit or formation or place at the time required.

(3)A person who has been absent without authority for a continuous period of twenty-one days or more shall unless the contrary is proved be presumed to have deserted for purposes of subsections (1) and (2).

(4)Any person who assists, procures, persuades or attempts to assist, procure or persuade another to desert the force commits an offence and is liable on conviction to the same punishment as the deserter.

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