UPDF Code Of Conduct

Code of Conduct for the Defence Forces.

(1)There shall be a Code of Conduct for the purpose of guiding and disciplining members of the Defence Forces, as set out in the Seventh Schedule to this Act.

(2)The Minister may, after consultation with the Defence Forces Council, by statutory instrument, amend the Seventh Schedule to this Act.

119.Persons subject to military law

(1)The following persons shall be subject to military law—

(a)every officer and militant of a Regular Force;

(b)every officer and militant of the Reserve Forces and any prescribed force when he or she is—

(i)undergoing drill or training whether in uniform or not;

(ii)in uniform;

(iii)on duty;

(iv)on continuing full time military service;

(v)on active service;

(vi)in or on any vessel, vehicle or aircraft of the Defence Forces or any defence establishment or work for defence;

(vii)serving with any unit of a Regular Force; or

(viii)present, whether in uniform or not, at any drill or training of a unit of the Defence Forces;

(c)subject to such exceptions, adaptations, and modifications as the Defence Forces Council may by regulations, prescribe, a person who under any arrangement is attached or seconded as an officer or a militant to any Service or force of the Defence Forces;

(d)every person, not otherwise subject to military law, who is serving in the position of an officer or a militant of any force raised and maintained outside Uganda and commanded by an officer of the Defence Forces;

(e)every person, not otherwise subject to military law, who voluntarily accompanies any unit or other element of the Defence Forces which is on service in any place;

(f)every person, not otherwise subject to military law, while serving with the Defence Forces under an engagement by which he or she has agreed to be subject to military law;

(g)every person, not otherwise subject to military law, who aids or abets a person subject to military law in the commission of a service offence; and

(h)every person found in unlawful possession of—

(i)arms, ammunition or equipment ordinarily being the monopoly of the Defence Forces; or

(ii)other classified stores as prescribed.

(2)A person mentioned in paragraph (e) of subsection (1) who, while accompanying a unit or other element of the Defence Forces, is alleged to have committed a service offence shall, for the purposes of this Act be treated as if he or she were a militant of the rank of private unless he or she holds from the commanding officer of the unit or other element of the Defence Forces that he or she so accompanies, or from any other officer prescribed by regulations, a certificate revocable at the pleasure of the officer who issued it or of any other officer of equal or higher rank, entitling that person to be treated as an officer of a particular rank.

(3)A person who holds such a certificate shall be treated as an officer of that rank in respect of any offence alleged to have been committed by him or her while holding that certificate.

(4)Every person subject to military law by virtue of paragraphs (d), (e) and (f) of subsection (1), shall, for the purposes of preparation, practice or execution of any plan, arrangement or manoeuvre for the defence or evacuation of any area in case of an attack, be under the command of the commanding officer of the unit or other element of the Defence Forces which he or she is accompanying, or with which he or she is serving.

(5)That commanding officer shall, for the purposes referred to in subsection

(4)be deemed to be a superior officer of that person; but nothing in this section shall be construed as requiring any such person to bear arms or to participate in any active operations against the enemy.

(6)Every person mentioned in paragraph (f) of subsection (1) who, while serving with a unit or other element of the Defence Forces under an engagement, is alleged to have committed a service offence shall, for the purposes of this Act be treated as a militant of the rank of private unless by the terms of his or her engagement he or she is entitled to be treated as if he or she were an officer or a militant of higher rank, in which case he or she shall be treated in accordance with the rank prescribed in his or her engagement.

(7)For the purposes of this Act, the “commanding officer” in relation to any person mentioned in subsection (2), (3), (4) or (5) means the commanding officer of the unit or other element of the Defence Forces that that person accompanies, or in whose custody he or she is, or in which that person is serving, as the case may be.

(8)Every person who commits a service offence while subject to military law may be liable to be charged, dealt with and tried for that offence notwithstanding that he or she has ceased to be subject to military law since the commission of the offence.

(9)Every person who, since he or she committed a service offence has ceased to be subject to military law shall, for the purposes of trial, be considered to have the

status and rank which he or she held immediately before he or she ceased to be subject to military law.

(10)Subject to subsections (11) and (12),a person who commits a service offence, may only be tried within the Service in which he or she was commissioned or enrolled.

(11)A person who is attached or seconded to a Service other than the Service in which he or she was commissioned or enrolled, or embarked on a vessel or aircraft of a Service other than the Service in which he or she was commissioned or enrolled, may be tried either within that other Service or within the Service in which he or she was commissioned or enrolled depending on the circumstances and nature of the offence.

(12)A person serving in the circumstances specified in paragraph (d) of subsection (1) who, while so serving commits a service offence, may be tried within the Service or Force in which his or her commanding officer is serving.

(13)For the purposes of this section, but subject to such limitations as may be prescribed, a person accompanies a unit of the Defence Forces which is on service if he or she—

(a)participates with that unit in the carrying out of any of its movements, manoeuvres, duties in a disaster or warlike operations;

(b)is accommodated or provided with rations at his or her own expense or otherwise by a unit of the Defence Forces in any place designated by the President;

(c)is embarked on a vessel or aircraft of a unit of the Defence Forces; or

(d)is a dependant staying with an officer or a militant serving beyond Uganda with that unit.

PART VI—OFFENCES.

Operational Offences And Offences Relating To Security.

120.Cowardice in action

(1)A person subject to military law who displays cowardice in action commits an offence and is on conviction, where it results in failure of operation or loss of life, liable to suffer death or, in any other case, liable to life imprisonment.

(2)For the purposes of this section, cowardice in action means—

(a)running away or inciting others to run away from the enemy;

(b)going over to the enemy;

(c)improperly delaying or discouraging any action against the enemy;

(d)failing to use utmost exertion to carry out an operation when ordered to do so;

(e)failing to capture or destroy war materials from a routed enemy;

(f)improperly abandoning or delivering up a defence establishment, garrison, place, material, post or guard;

(g)talking or behaving in a manner that is likely to instil fear in other soldiers;

(h)premature unauthorised firing;

(i)assisting the enemy with material;

(j)improper casting away or abandoning of any material in the presence of the enemy;

(k)improperly doing or omitting to do anything which results in the capture or destruction of material by the enemy;

(l)leaving posts before being regularly relieved when on watch in the presence or vicinity of the enemy; or

(m)doing or omitting to do anything with intent to imperil the success of the Defence Forces.

121.Breaching concealment

(1)A person subject to military law who breaches concealment in operation, commits an offence and is on conviction, where it results in loss of life, liable to suffer death or, in any other case, liable to life imprisonment.

(2)For the purposes of this section, breach of concealment in operation

means—

(a)unauthorised making of any noise;

(b)unauthorised talking;

(c)unauthorised walking;

(d)unauthorised smoking, lighting or any other form of exposure;

(e)unauthorised contact with other people;

(f)premature or unauthorised shooting;

(g)premature or unauthorised withdrawal;

(h)negligently choosing bad ground for concealment;

(i)giving premature orders that can endanger concealment; or

(j)any other act or omission that may result in breach of concealment.

122.Failure to protect war materials, etc.

(1)A person subject to military law who fails to protect war materials, misuses or sells them, commits an offence and is on conviction, liable to suffer death.

(2)For the purposes of this section, failure to protect war materials or misuse of them means—

(a)failing to guard arms or ammunition;

(b)malicious damage to arms or ammunition;

(c)tampering with or mishandling of arms or ammunition resulting in damage;

(d)giving or allowing arms or ammunition to be handled by unauthorised persons;

(e)losing arms or ammunition or parts of them;

(f)failing to clean arms;

(g)improper disposal of arms or ammunition;

(h)illegal possession of arms or ammunition; or

(i)failing to do any other act necessary for the protection of any war material or otherwise misusing it.

(3)A person in command of any vessel, aircraft, defence establishment or unit of the Defence Forces who does not supervise the war materials under his or her command commits an offence and is liable, on conviction, to imprisonment not exceeding fourteen years.

123.Failure to brief, etc

(1)A person subject to military law who—

(a)is charged with the responsibility of briefing for an operation and fails to do so;

(b)fails to obey instructions as explained or laid down regarding briefing for an operation; or

(c)fails to prepare for an operation,

commits an offence and is, on conviction, where there is failure of operation or loss of life, liable to suffer death or, in any other case, liable to life imprisonment.

(2) For the purposes of this section, failure to brief or to prepare for an operation means—

(a)failing to ensure that soldiers are thoroughly briefed before an operation;

(b)failing to carry out de-briefing after an operation;

(c)failing to ensure personal preparation for an operation;

(d)failing to ensure group preparation for an operation;

(e)failing to ensure combat readiness of all soldiers;

(f)failing to ensure thorough reconnaissance;

(g)giving false or unreliable information about reconnaisance; or

(h)neglecting training of soldiers.

124. Personal interests endangering operational efficiency

A person subject to military law who does any of the following acts commits an offence and is, on conviction, liable to life imprisonment—

(a)exposing operational plans to unauthorised persons;

(b)misusing operational funds, food or other supplies for personal interest;

(c)capturing from the enemy goods for personal use instead of capturing materials for the Defence Forces;

(d)failing to report and hand in goods captured from the enemy;

(e)failing to ensure that goods captured from the enemy are brought to base and are accounted for; or

(f)being drunk during an operation.

125. Careless shooting in operation

A person subject to military law who carelessly shoots any person or handles arms or ammunition in such a. manner as to endanger lives of other persons in operation, commits an offence and is, on conviction, liable to life imprisonment.

126. Offences relating to operations

A person subject to military law who—

(a)commits an act of violence to any person bringing material to the Defence Forces or to any forces co-operating with the Defence Forces;

(b)irregularly detains or diverts any material being convoyed to any unit of the Defence Forces or of any forces co-operating with the Defence Forces;

(c)without orders from his or her superior officer, improperly destroys or damages any property;

(d)breaks into any house or other place with intention to plunder;

(e)commits any offence against the property or person of any inhabitant or resident of a country in which he or she is serving;

(f)steals from or with intent to steal, searches the body of any person killed or wounded in the course of war-like operations;

(g)steals any money or property which has been left exposed or unprotected in consequence of war-like operations;

(h)takes, otherwise than for the service of the Republic of Uganda, any money or property abandoned by the enemy; or

(i)being a person in command of a unit or detachment of the Defence Forces, uses soldiers of his or her unit or permits or suffers soldiers of his or her unit to be used for carriage of merchandise for sale to soldiers of the unit or detachment for his or her own or another person’s personal gain,

commits an offence and is, on conviction, liable to life imprisonment.

127. Offences relating to prisoners of war

A person subject to military law who—

(a)by want of due precaution through disobedience of orders or willful neglect of duty, is made a prisoner of war;

(b)having been made a prisoner of war, fails to rejoin the Defence Forces when able to do so; or

(c) having been made a prisoner of war, serves with or aids the enemy;

commits an offence and is, on conviction, liable to suffer death.

128. Offences by persons in command when in action

A person in command of a vessel, aircraft, defence establishment or unit of the Defence Forces who—

(a)when under orders to carry out an operation of war or on coming into contact with an enemy which it is his or her duty to engage, does not use his or her utmost exertion to bring the officers and militants under his or her command or his or her ship, vessel, aircraft or his or her other material into action;

(b)being in action, does not, during the action in his or her own person and according to his or her rank, encourage the officers and militants under his or her command to fight courageously;

(c)when capable of making a successful defence, surrenders his or her ship, material or unit to the enemy; or

(d)gives premature orders to attack resulting in failure of operation,

commits an offence and, on conviction, where it results in failure of operation or loss of life, shall be sentenced to death or, in any other case, is liable to life imprisonment.

129. Treachery

A person subject to military law who, for any purpose prejudicial to the security or interests of Uganda—

(a)infiltrates the Defence Forces or is an agent of a foreign power or of any force engaging in war or war-like activities against the Government;

(b)consciously gives classified information to a foreign power or any force engaging in war or war-like activities against the Government or solicits information with a view to giving it to such a power or force;

(c)consciously gives confidential information to anyone without the knowledge and approval of the proper authority; or

(d)consciously withholds vital information from the proper authorities, commits the offence of treachery and is, on conviction, liable to suffer death.

130.Offences relating to security

(1) A person subject to military law who—

(a)discloses by word of mouth or by document, confidential information to the enemy or to unauthorised members of the Defence Forces or the public;

(b)talks about or discusses any confidential information in unauthorised places or with authorised persons within hearing distance of unauthorised persons;

(c)gives a parole, watchword, password, countersign or identification signal different from that which he or she received or without authority, alters or interferes with any identification or other signal;

(d)improperly occasions false alarm;

(e)forces a safeguard or forces or strikes a sentinel; or

(f)does or omits to do anything with intent to prejudice the security of the Defence Forces or forces co-operating with the Defence Forces,

commits an offence and is, on conviction, liable to suffer death.

(2) For the purposes of this section—

“confidential information” means—

(a)intelligence information;

(b)information relating to the members’ positions, materials, movements, preparations for operations of the Defence Forces or of any forces co- operating with the Defence Forces;

(c)information relating to radio cryptographic system, aid, process, procedure, publication or document of the Defence Forces or of any forces co-operating with the Defence Forces;

(d)parole, watchword, password, countersign or identification signal; or

(e)any other informational material as may be prescribed.

“parole” means a special pass word used only by persons authorised to do so;

“safeguard” means anything that protects against loss on injury.

131.Offences relating to guard duties

(1) A person subject to military law who—

(a)assaults a person on guard duty;

(b)by act, word or gesture wrongfully compels a person on guard duty to let him or her or any other person pass;

(c)wrongfully evades a guard;

(d)in any manner whatsoever prevents a person from doing his or her guard duty;

(e)occasions false alarm to a person on guard duty; or

(f)assaults, ill treats or uses unnecessary violence against a person in custody,

commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

(2) For the purposes of this section, any reference to a person on guard shall be construed as a reference to a person who is posted or ordered to patrol or is a member of a guard or other party mounted or ordered to patrol for the purposes of—

(a)protecting any person;

(b)preventing or controlling access to or egress from any premises or place; or

(c)regulating traffic by road or rail, river or lake.

Mutiny.

132.Mutiny

(1) A person subject to military law who—

(a)plots, incites, conspires to cause, takes part in or endeavours to persuade any person to join in a mutiny;

(b)being present, does not use his or her utmost endeavours to suppress a mutiny; or

(c)being aware of an actual or intended mutiny, does not, without delay inform his or her superior officer of the mutiny,

commits the offence of mutiny and is on conviction, where it results in failure of operation, loss of life or destruction of military operational materials, liable to suffer death or, in any other case, liable to life imprisonment.

(2) In this section, the offence of mutiny shall be deemed to be committed when a combination of two or more persons subject to military law or persons two at least of whom are subject to military law, use any means under subsection (1)—

(a)to overthrow or resist lawful authority in the Defence Forces or any forces co-operating with the Defence Forces or any part of the Defence Forces;

(b)to disobey such authority in such circumstances as to make disobedience subversive of discipline or with the object of avoiding any duty or service against or in connection with operations against the enemy; or

(c)to impede the performance of any duty or service in the Defence Forces or any forces co-operating with the Defence Forces or any part of the Defence Forces.

Insubordination.

133.Disobeying lawful orders

(1)A person subject to military law who either wilfully or through neglect, disobeys a lawful order commits an offence and is, on conviction, where it results in failure of operation or loss of life, liable to suffer death or, in any other case, liable to life imprisonment.

(2)For the purposes of this section, disobeying lawful orders means—

(a)failing to carry out lawful orders;

(b)failing to communicate lawful orders;

(c)breaking lines of formation;

(d)taking an unauthorised route while on operation;

(e)breaking off from the main operational group; or

(f)talking to unauthorised persons outside terms of reference while on operation.

134.Failure to execute one’s duties

(1)A person subject to military law who fails to execute his or her duties, commits an offence and is, on conviction, where it results in failure of operation or loss of life, liable to suffer death or, in any other case, liable to life imprisonment.

(2)For the purposes of this section, failing to execute one’s duties means—

(a) failing to take charge of road-blocks;

(b)failing to oversee observation posts or, when acting as sentry or lookout, leaving posts before being regularly relieved or sleeping or being drunk;

(c)failing to manage quarter guard or other guard duties;

(d)failing to deliver messages or information on time;

(e)mishandling, misplacing or losing information;

(f)raising undue complaints over operations; or

(g)otherwise failing to execute assigned duties or missions without reasonable excuse.

135. Violence to a superior officer

A person subject to military law who unlawfully strikes or draws or lifts up a weapon against a superior officer, or uses or offers violence against a superior officer, commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

136. Insubordinate behaviour

A person subject to military law who uses threatening or insulting language to or behaves with contempt toward a superior officer commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

Disgraceful Conduct.

137.Spreading harmful propaganda

(1)A person subject to military law who spreads harmful propaganda, commits an offence and is, on conviction, where there is failure of operation or loss of life, liable to suffer death or, in any other case, liable to life imprisonment.

(2)For the purposes of this section, “spreading harmful propaganda” means—

(a)discouraging other soldiers from carrying out an operation;

(b)speculation about an operation;

(c)making oral or written statements ill of the Defence Forces or of the Government not being constructive criticism; or

(d)spreading false stories intended to undermine support for or morale of members of the Defence Forces or to incite support for or boost morale of the enemy.

138. Malingering or maiming

A person subject to military law who—

(a)malingers, feigns disease or induces disease or infirmity;

(b)intentionally aggravates or delays the cure of any disease or infirmity by misconduct or wilful disobedience of orders; or

(c)wilfully maims or injures himself or herself or any other person who is in the Defence Forces or of any forces co-operating with the Defence Forces, whether at the instance of that person or not, with intent by doing so, to render himself or herself or that other person unfit for service, or causes himself or herself to be maimed or injured by any person with intent to render himself or herself unfit for service,

commits an offence and is, on conviction, if he or she committed the offence on active service or when under orders for active service, or in respect of a person on active service or under orders for active service, liable to life imprisonment or, in any other case, liable to imprisonment not exceeding two years.

139.Drunkenness

(1)A person in the Defence Forces who is drunk, whether or not on duty, commits an offence and is on conviction, liable to imprisonment not exceeding seven years.

(2)For the purposes of this section, a person is drunk if owing to the influence of alcohol, whether alone or in combination with any other circumstances, he or she is unfit to be entrusted with his or her duty or with any duty which he or she might be called upon to perform, or behaves in a disorderly manner or in a manner likely to bring discredit to the Defence Forces.

140.Taking or possessing drugs

A person subject to military law who takes or is in unlawful possession of bhangi, cannabis, marijuana, cocaine or any other intoxicating drug as may be prescribed by the Defence Forces Council, commits an offence and is, on conviction, liable to imprisonment not exceeding seven years.

141. Abuse of and violence to inferiors

A person subject to military law who unlawfully strikes, draws, lifts up a weapon against or in any way ill-treats any person in the Defence Forces who by reason of rank or appointment is subordinate to him or her, commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

142. False accusation, etc

A person subject to military law who—

(a) makes a false accusation against any officer or militant, knowing the accusation to be false; or

(b) when seeking redress in a matter in which he or she considers that he or she has suffered any personal oppression, injustice or other ill-treatment or that he or she has any other cause for grievance, knowingly makes a false statement affecting the character of an officer or a militant which he or she knows to be false or knowingly, in respect of the redress so sought, suppresses any material facts,

commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

143. Quarrels and disturbances

A person subject to military law, who quarrels or fights with any other person or who uses provoking words or gestures towards any person tending to cause a quarrel or disturbance, commits an offence and is, on conviction, liable to imprisonment not exceeding two years.

144. Disorders

A person subject to military law, who—

(a)being concerned in a quarrel, fray or disorder refuses to obey an officer or militant, though of inferior rank, who orders him or her into arrest, or strikes or uses or offers violence to any such officer or militant;

(b)strikes or uses or offers violence to any other person in whose custody he or she is placed;

(c)resists an escort whose duty is to apprehend him or her or to have him or her in-charge; or

(d)breaks out of barracks, station, camp, quarters or ship,

commits an offence and is, on conviction, liable to imprisonment not exceeding two years.

145.Scandalous conduct by officers, etc

(1)An officer who behaves in a scandalous manner unbecoming of an officer, commits an offence and is, on conviction, liable to suffer dismissal from the Defence Forces with or without disgrace.

(2)For the purposes of this section, “scandalous conduct” means the personal conduct of an officer which is generally against public order, expectations and morality, whether or not the conduct directly or indirectly affects others.

Desertion And Absence Without Leave.

146. Desertion

(1) A person subject to military law, who deserts the Defence Forces, commits an offence and is, on conviction—

(a)if the desertion endangers life or leads to loss of life;

(b)if he or she deserts with arms or ammunition or other war materials; or

(c)if he or she deserts and joins the enemy,

liable to suffer death or, in any other case, liable to life imprisonment.

(2) For the purposes of this section, a person deserts who—

(a)being on or having been warned for active service, is absent without authority with the intention of avoiding that service;

(b)deserts from the Defence Forces and joins, reports to or otherwise assists the enemy;

(c)having been warned that his or her vessel or aircraft is under sailing or flight orders, is absent without authority, with the intention of missing that vessel or aircraft;

(d)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;

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

(f)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, formation or place, does any act or omits to do anything, the natural or probable consequence of which act or omission is to preclude his or her return to that unit, 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, for the purposes of this Act, unless the contrary is proved, be presumed to have deserted.

147. Connivance at desertion

A person subject to military law, who—

151.Losing, stranding or hazarding vessels or aircraft

A person who wilfully hijacks or through default, loses, strands or hazards or

suffers to be lost, stranded or hazarded any ship, vessel, armoured vehicle or aircraft belonging to or used by the Defence Forces or forces co-operating with the Defence Forces, commits an offence and is, on conviction, liable to suffer death.

152. Wrongful acts in relation to aircraft, etc

A person who—

(a)in the use of, or in relation to, any aircraft or aircraft material, wilfully or negligently or contrary to regulations, orders or instructions, does any act or omits to do anything which act or omission results or is likely to result in damage to or destruction or loss of any aircraft or aircraft material of the Defence Forces or forces co-operating with the Defence Forces;

(b)wilfully or negligently or contrary to regulations, orders or instructions, does any act or omits to do anything which act or omission results in the loss of any aircraft or aircraft material of the Defence Forces or forces co-operating with the Defence Forces; or

(c)during a state of war, wilfully or negligently causes the confiscation by or under the authority of a neutral State of any of the aircraft of the Defence Forces or of any forces co-operating with the Defence Forces;

commits an offence and is, on conviction, liable to suffer death.

153. Attempt to hijack aircraft, vessel, etc

A person who attempts to hijack an aircraft, vessel or ship belonging to or under use by, the Defence Forces or forces co-operating with the Defence Forces, commits an offence and is, on conviction, liable to suffer death.

154. Dangerous acts in relation to aircraft

A person subject to military law who, intentionally or negligently, does or omits to do an act in the use of or in relation to an aircraft, or aircraft material, which act or omission causes or is likely to cause loss of life or bodily injury to any person, commits an offence and is on conviction, liable to life imprisonment.

155.Disobedience of Captain’s orders

(1)A person subject to military law who, when in an aircraft, disobeys any lawful command given by the Commander of the aircraft in relation to the flying or handling of the aircraft, or relating to the safety of the aircraft, whether or not the Commander is a person subject to military law, commits an offence and is, on conviction, liable to life imprisonment.

(2)For the purposes of this section—

(a)a person whatever his or her rank, shall, when he or she is in an aircraft, be under the command of the Commander of the aircraft as respects all matters relating to the flying, handling or safety of the aircraft whether or not the Commander is a person subject to military law; and

(b)if the aircraft is a glider and is being towed by another aircraft, the Commander of the glider shall, so long as his or her glider is being towed, be under the command of the Commander of the aircraft as respects all matters relating to the flying or handling of the glider or affecting the safety of the glider, whether or not the Commander is a person subject to military law.

156. Inaccurate certificate

Except where the person proves that he or she took reasonable steps to ensure that the certificate was accurate, a person who signs an inaccurate certificate in relation to an aircraft or aircraft material, commits an offence and is liable on conviction, to imprisonment not exceeding seven years.

157. Low flying

A person subject to military law who flies an aircraft at a height lower than the height prescribed by regulations or in any other manner so as to cause or to be likely to cause annoyance to any person except—

(a)while taking off or landing; or

(b)in such other circumstances as may be prescribed,

commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

158. Unauthorised use of vehicles

A person who—

(a)uses a vehicle of the Defence Forces for unauthorised purposes; or

(b)uses a vehicle of the Defence Forces contrary to any regulations made under this Act, orders or instructions,

commits an offence and is, on conviction, liable to imprisonment not exceeding four years.

159. Improper driving of vehicles

Any person subject to military law who—

(a) drives a vehicle of the Defence Forces recklessly or in a manner that is dangerous to any person or property having regard to all the

circumstances of the case, or, having charge of and being in or on such a vehicle, causes or by wilful neglect permits it to be so driven;

(b)while his or her ability to drive is impaired by alcohol or a drug, drives or attempts to drive a vehicle of the Defence Forces; or

(c)having charge of a vehicle of the Defence Forces, knowingly permits it to be driven by a person whose ability to drive is impaired by alcohol or a drug,

commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

Offences Relating To Other Property.

160.Protection of Defence stores

(1)The Minister shall, by notice published in the Gazette, declare and make known what mark or marks when applied to any arms, clothing, equipment, vehicle, aircraft or boat shall denote them as property of the State.

(2)Any person who—

(a)with fraudulent intent applies to any arms, clothing, equipment, vehicle, aircraft or boat any mark referred to in subsection (1);

(b)fraudulently defaces or conceals any mark referred to in sub-section (1) on any arms, clothing, equipment, vehicle, aircraft or boat; or

(c)unlawfully receives, possesses, sells or delivers any arms, clothing, equipment, vehicle, aircraft or boat bearing any mark referred to in subsection (1) or forbidden by or under this Act to be sold, pledged or otherwise disposed of,

commits an offence and is, on conviction, liable to imprisonment for life.

161.Unlawful purchase, etc. of military stores

(1)Any person who acquires military stores or solicits or procures any person to dispose of any military stores, commits an offence, unless he or she proves either—

(a)that he or she did not know and could reasonably not be expected to know, that the chattels in question were military stores;

(b)that those chattels had, by earlier transaction, been disposed of by order or with the consent of some person or authority who had, or whom he or she had reasonable cause to believe had, power to give the order or consent; or

(c) that those chattels had become the property of an officer or a militant who had ceased to be a member of the Defence Forces, or of the personal representative of a person who had died,

and is, on conviction, liable to a fine not exceeding three hundred and forty currency points or imprisonment not exceeding fourteen years or both.

(2)Any member of the Defence Forces or Police may arrest without warrant any person whom he or she has reasonable grounds for suspecting to have committed an offence against this section, and may seize any property which he or she has reasonable grounds for suspecting to have been the subject of the offence.

(3)A member of a court martial may, if satisfied by evidence on oath that a person within the jurisdiction of the court martial, has, or is reasonably suspected to have in his or her possession, any property which has been the subject of an offence against this section, grant a warrant to search for the property as in the case of stolen goods.

(4)Any property suspected to have been the subject of the offence under this section which is found on the search shall be seized by the officer charged with the execution of the warrant, and that officer shall bring the person in whose possession or keeping the property is found before a court martial.

(5)In this section—

(a)“acquire” means buy, take in exchange, take in pawn or otherwise receive, whether apart from this section the receiving is lawful or not;

(b)“dispose” means sell, give in exchange, pledge or otherwise hand over, whether apart from this section the handing over is lawful or not; and

(c)“military stores” means any chattel of any description belonging to the Government which has been issued when required, and includes, any chattel which had belonged and had been issued or held as described in this subsection at some past time.

162. Destruction, loss or improper disposal of property

A person subject to military law, who—

(a) wilfully destroys or damages or loses by neglect or improperly sells or wastefully expends any property—

(i)of the Defence Forces or forces co-operating with the Defence Forces; or

(ii)contributed by members of the Defence Forces for their use; or

to cause fire to occur in any establishment, works, or material for defence, commits an offence and is, on conviction, liable to life imprisonment.

Offences Relating To The Process Of Law, Arrests, Service

Custody And Military Courts.

166.Interfering with the process of law

(1)A person subject to military law, who unlawfully interferes with the process of law as set out in this Act, commits an offence and is, on conviction, liable to imprisonment not exceeding seven years.

(2)For the purposes of this section, interfering with the process of law

means—

(a)knowingly withholding material evidence or information;

(b)fabricating or destroying evidence;

(c)interfering with a witness in the course of an investigation or proceedings of a case;

(d)unlawful release of a suspect in lawful custody or arrest or otherwise breaking the rules of security of prisoners as may be prescribed by the Defence Forces Council; or

(e)premature leaking of information about an investigation or any other interference that may jeopardise the investigation.

167. Negligent or wilful interference with custody

A person subject to military law, who—

(a)without authority, sets free or authorises or otherwise facilitates the setting free of any person in custody;

(b)negligently or wilfully allows to escape any person who is committed to his or her charge or who it is his or her duty to guard or keep in custody; or

(c)assists any person in escaping or in attempting to escape from his or her custody,

commits an offence and is, on conviction, liable to imprisonment not exceeding seven years.

168. Escape from custody

A person subject to military law who, being under arrest or confinement or in prison or otherwise in lawful custody, escapes, commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

169. Obstruction of arresting officers

A person subject to military law, who—

(a)resists or wilfully obstructs an officer or a militant in the performance of any duty pertaining to the arrest, custody or confinement of any other person subject to military law; or

(b)when called upon, refuses or neglects to assist an arresting officer or militant in the performance of that duty,

commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

170. Unlawful detention of person

A person subject to military law, who—

(a)unlawfully detains any other person in arrest or in confinement; or

(b)unnecessarily detains any other person without bringing him or her to trial, or fails to bring that other person’s case before the proper authority for investigation,

commits an offence and is, on conviction, liable to imprisonment not exceeding two years.

171.Offences in respect of military courts

(1) A person who—

(a)being duly summoned or ordered to attend as a witness before a military court, makes default in attending;

(b)refuses to take an oath or make a solemn affirmation lawfully required by a military court to be taken or made;

(c)refuses to produce any document in his or her power or control lawfully required by a military court to be produced by him or her;

(d)refuses to answer, when a witness, any question to which a military court lawfully requires an answer;

(e)uses insulting or threatening language before or causes any interruption or disturbance in the proceedings of a military court;

(f)commits or omits to perform any act before a military court which if done or made before a civil court would constitute a contempt of that court; or

(g)being an advocate, conducts himself or herself in the manner described in subsection (9) of section 214,

commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

(2)Where an offence under this section is committed at or in relation to a court martial that court martial may, by an order signed by a member of that court, order that the offender shall undergo a term of imprisonment or detention for a period not exceeding thirty days.

(3)Where any order is issued under subsection (2), the offender shall not be liable to any other proceedings under military law in respect of the contempt in consequence of which the order is issued.

(4)For the purposes of this section, “military court” includes a Board of Inquiry or any other Board established by law.

Miscellaneous Offences.

172. Disturbance in billets, etc

A person subject to military law who—

(a)misbehaves, by violence, extortion or making disturbances or otherwise in billets in which he or she or any other person is billeted or in any premises in which accommodation for material of the Defence Forces has been provided; or

(b)fails to comply with regulations made under this Act in respect of the payment of the just demands of the person on whom he or she or any officer or militant under his or her command is, or has been billeted or the occupant of premises on which such material is or has been accommodated,

commits an offence and is, on conviction, liable to imprisonment not exceeding seven years.

173. Offences in relation to documents

A person who—

(a) wilfully or negligently makes a false statement or entry in a document made or signed by him or her that is required for the purposes of this Act or any regulations made under it, or who being aware of the falsity

of a statement or entry in such a document, orders the making or signing of it;

(b)when signing a document required for such purposes leaves blank any material part for which his or her signature is a voucher; or

(c)with intent to injure any person or with intent to deceive, suppresses, defaces, alters or makes away with any document or file kept, made or issued for any such purpose,

commits an offence and is, on conviction, liable to imprisonment not exceeding two years.

174. Obstructing Defence Forces

Any person who wilfully obstructs or interferes with any part of the Defence Forces or any member of the Defence Forces in the proper performance of any military service or duty under this Act, commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

175.Harbouring, aiding or inducing members of the Defence Forces to dereliction of duty

(1) Any person who—

(a)assists or harbours any officer or militant who to his or her knowledge has committed an offence under this Act;

(b)induces or attempts to induce any officer or militant to neglect or to act in conflict with his or her military duty;

(c)is a party to, aids or abets or incites to the commission of any act by which—

(i)any lawful order given to any officer or militant; or

(ii)any law relating to the Defence Forces with which it is the duty of any officer or militant to comply,

may be evaded or infringed;

(d) whether in propagating religious beliefs or otherwise, uses any language or does any act or thing with intent to recommend to, encourage, aid, incite, instigate, suggest to or otherwise cause any officer or militant of a Regular Force to refuse or fail to carry out any duties to which that officer or militant is or may become liable under this Act; or

(e) supplies or is a party to supplying any officer or militant with intoxicating liquor when that officer or militant is on military duty and prohibited by or under this Act from receiving or taking intoxicating liquor,

commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

(2) Notwithstanding subsection (1), liquor may at any mess or canteen which is conducted under the authority of a commander, be sold or supplied to any officer or militant whether of the Force commanded by the commander or not.

176. Other fraudulent offences

A person subject to military law, who—

(a)connives at the exaction of an exorbitant price for property purchased or rented by a person supplying property or services to the Defence Forces;

(b)improperly demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty or in respect of any matter relating to the Defence Forces;

(c)receives directly or indirectly, whether personally or by or through any member of his or her family or a person under his or her control, or for his or her benefit, any gift, loan, promise, compensation or consideration either in money or otherwise, from any person, for assisting or favouring any person, in the transaction of any business relating to the Defence Forces or to any forces co-operating with the Defence Forces or to any mess, institute or canteen operated for the use and benefit of members of those forces;

(d)demands or accepts compensation, consideration or personal advantage for convoying a vessel entrusted to his or her care;

(e)being in command of a vessel or aircraft, takes or receives on board a person, goods or merchandise that he or she is not authorised to take or receive on board;

(f)unlawfully erects or places barriers in or across any road or street or on a path or in any public place within Uganda; or

(g)commits any act of a fraudulent nature not expressly specified in this Act,

commits an offence and is, on conviction, liable to imprisonment not exceeding seven years.

177. Offences in relation to redress of wrongs

A person subject to military law, who, when a complaint by a member of the Defence Forces has been made to him or her under section 101, or regulations made under this Act—

(a)unduly delays—

(i)in redressing the wrong complained of; or

(ii)in sending the complaint to higher authority in the prescribed manner; or

(b)complains to higher authority when it is his or her duty to direct his or her complaint to his or her commanding officer or other authority,

commits an offence and is, on conviction, liable to imprisonment not exceeding one year.

178.Conduct prejudicial to good order and discipline

(1)Any act, conduct, disorder or neglect to the prejudice of the good order and discipline of the Defence Forces shall be an offence.

(2)A person convicted of an offence under subsection (1) is liable to dismissal with disgrace from the Defence Forces.

(3)No person may be charged under this section with any offence for which special provision is made in any other provision of this Act.

(4)The conviction of a person charged under this section shall not be invalid by reason only of the charge being in contravention of subsection (3) unless it appears that an injustice has been done to the person charged by reason of the contravention; but the responsibility of any officer or militant for that contravention shall not be affected by the validity of the conviction.

(5)For the purposes of this section, an act or omission constituting a contravention by any person of—

(a)any regulations, orders or instructions published for the general information and guidance of the Defence Forces to which that person belongs, or to which he or she is attached or seconded; or

(b)any general, garrison, unit, station, standing, local or other orders,

shall be an act, conduct, disorder or neglect to the prejudice of the good order and discipline of the Defence Forces.

(6) Nothing in subsection (5) shall affect the general effect of subsections (1) and (2).

General.

179.Service trial of civil offences

(1) A person subject to military law, who does or omits to do an act—

(a)in Uganda, which constitutes an offence under the Penal Code Act or any other enactment;

(b)outside Uganda, which would constitute an offence under the Penal Code Act or any other enactment if it had taken place in Uganda,

commits a service offence and is, on conviction, liable to a punishment as prescribed in subsection (2).

(2) Where a military court convicts a person under subsection (1), the military court shall impose a penalty in accordance with the relevant enactment and may, in addition to that penalty, impose the penalty of dismissal with disgrace from the Defence Forces or any less punishment prescribed by this Act.

180. Conspiracy

A person subject to military law, who conspires with any other person, whether or not the other person is subject to military law, to commit a service offence, commits an offence and is, on conviction, liable to imprisonment not exceeding five years.

181.Conviction for related or less serious offences

(1)A person charged with desertion may be found guilty of attempting to desert or of being absent without leave.

(2)A person charged with attempting to desert may be found guilty of being absent without leave.

(3)A person charged with any of the offences specified in section 134 may be found guilty of any other offence specified in that section.

(4)A person charged with any of the offences specified in section 135 may be found guilty of any other offence specified in that section.

(5)A person charged with a service offence may, on failure of proof of an offence having been committed under circumstances involving a higher punishment, be found guilty of the same offence as having been committed under circumstances involving a lower punishment.

(6)Where a person is charged with an offence under section 178 and the charge is one upon which, if he or she had been tried by a civil court in Uganda for that offence, he or she might have been found guilty of any other offence, he or she may be found guilty of that other offence.

182.Ignorance no excuse

The fact that a person is ignorant of—

(a)any provision of this Act; or

(b)any regulation made under this Act; or

(c)any order or instruction duly notified under this Act is no excuse for any offence.

183.Rules of civil courts applicable

All rules and principles from time to time followed in civil courts in criminal proceedings that would render any circumstances a justification or excuse for any act or omission or a defence to any charge, shall be applicable to any defence to a charge under this Act except where those rules and principles are altered by or are inconsistent with this Act.

184.Aiding or abetting commission of offence, etc.

(1) A person subject to military law who—

(a)does or omits to do an act for the purpose of aiding any person to commit an offence;

(b)abets any person in the commission of an offence; or

(c)counsels or procures any person to commit an offence,

commits an offence and is, on conviction, liable to the same punishment as the person who commits the actual offence.

(2) Every person who, having an intent to commit an offence, does or omits to do an act for the purpose of accomplishing his or her object, commits an attempt to commit the offence intended whether under the circumstances it was possible to commit such an offence or not and is, on conviction—

(a)if the attempt was to commit an offence where a person convicted of it is liable to the punishment of death or imprisonment for fourteen years or upwards, liable, if no other punishment is provided, to imprisonment for seven years; and

(b)in any other case, liable to imprisonment not exceeding two years.

(3) When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of that purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of the purpose, each of them is deemed to have committed the offence.

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