CP Term 1 WK 3 PDF 2
CP Term 1 WK 3 PDF 2
CRIMINAL PROCEEDINGS
Introduction
Course Aim
Outline of content
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3) Interviewing of clients and witnesses and recording of witness statements.
4) Enforcement of the constitutional rights of suspects in police custody and
accused persons charged in courts of law.
5) Identifying defences available to accused persons in criminal proceedings.
6) Illustration of pre-trial remedies available to suspects and accused persons;
namely; police bond, Securing unconditional release.
7) Illustrating an administrative complaint to the Director of Public
Prosecutions.
8) Demonstration of perusal of a police file and ascertaining its contents.
9) Illustration of the exercise of the constitutional mandate of the DPP and
prosecutorial discretion.
10) Evaluation of evidence; identification of offences, their ingredients and the
decision whether or not to prosecute.
11) Identifying the various modes of commencing criminal prosecutions.
12) Drafting charges, sanctioning of charges.
13) Pre-trial disclosure in criminal proceedings.
14) Demonstrating the role of Defence Counsel in criminal investigations
15) Preparation and demonstration of interlocutory applications in criminal
proceedings.
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CASE FILE No.1
Course Aim
To develop skills required for prospective Lawyers/Advocates in
the performance of various roles in the administration of criminal justice
during pre-trial proceedings. These proceedings range from conduct of
arrests, interviewing of witnesses, compilation and perusal of a police file,
advising on the areas of further investigations, recording of an extrajudicial
statement and alternative dispute resolution. .
Learning Outcomes:
The following are the intended learning outcomes for this workshop;
(a) Ability to summarise the relevant facts, issues and identify the law
applicable to a case file.
(b) Ability to identify the possible offences disclosed by the facts and
evaluate the evidence in support of the offences identified and possible
defences.
(c) Ability to identify and advise the investigatorson the adequacy of the
evidence on record and identify areas for further investigations, if any
and explain why.
Instructions
You are the Resident Chief State Attorney at Kira. This case file is sent to you
by the Officer In- charge Criminal Investigations and Intelligence
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Department at Jinja Road Police Station for perusal and tendering of legal
advice.
Workshop Tasks
(h) Summarise the relevant facts, issues and law applicable of the case as
shown in the case file.
(i) Identify the possible offences disclosed by the facts and evaluate the
evidence in support of the offences identified.
(j) Should you find the evidence on record inadequate identify areas for
further investigations, if any and explain why.
(k) Assume the Investigating Officer is informed by an informer that the
generator is still in factory of the person who bought it, and that the
accused has UGX 2,000,000/= of the money he received as payment
for the generator, advise the police on the proper procedure to follow
to recover and preserve them for future court use.
(l) Assume you are an Advocate in private practice and your client is a
15-year-old charged with assault occasioning actual bodily harm to the
security guard at Twinkles Modern School, what procedure would
you follow in order to have the matter resolved without recourse to
court.
(m) Assuming that you are an advocate in private practice and upon
perusal of the case file, you find that your client was mistakenly
charged owing to mistaken identity because it was already dark. You
find out that the alleged offence of theft of a generator from Twinkles
Modern School actually happened while he was away in Tanzania
attending a conference on the Rights of Customary land owners. The
Police have refused to accept your client’s excuse. They say that he just
wants to escape justice. The police is preparing the file for court. What
course of action would you take? Draft the Necessary document.
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1. The Constitution of the Republic of Uganda, 1995; Articles 23, 28,120,129(1)
(d) and (3), 212 and 250(4). Article 126 (2) (d)
2. The Penal Code Act, [Cap. 128]
3. The Police Act, [Cap. 324]
4. The Criminal Procedure Code Act, [Cap. 122
5. The Evidence Act, [Cap. 8]
6. The Magistrates’ Courts Act, [Cap. 19] S. 160,
7. The Magistrates’ Courts (Magisterial Areas) Instrument, 2007; S.I No. 45 of
2007.
8. Judicature Act Cap 16
9. The Judicature (Criminal Procedure) (Applications) Rules; S.I. 13-8.
10. Poor Persons Defence Act Cap 22
11. Identification of Offenders Act Cap 127
Cases
1. Woolmington vs. D.P.P. [1935] A.C. 462.
2. R-vs- Inns 60. Criminal Appeal Reports 231.
3. Uganda vs. Simon Kaita [1978] H.C.B. 24.
4. Uganda vs. Paulo Muwanga [1998 – 1990] H.C.B. 72.
5. Henry Kayondo vs. Uganda [1992 – 1993] HCB 41.
6. Androa Asenua vs. Uganda S.C.C.A No. 1 /1998.
7. Kityo vs Uganda [1967] EA 23
8. Onyango vs Uganda [1967] EA 386
9. Akbar Hussein Godi Vs Uganda (Supreme Court) Criminal Appeal No
03 of 2013)
10. Simon Musoke Vs R. (1958) E.A. 715 at page 718H
11. Abdalla Nabulere and Other v Uganda (Cr.App.No.9 of 1978) [1978]
UGCA
The different groups must meet well in advance to discuss and E-MAIL the
Firm’s presentations to the Professional Advisors assigned to them per the
time table.
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Each student shall conduct research and prepare personal notes with
respect to all the tasks prior to the workshop. Failure to comply may lead
to a student being excluded from the session/ Workshop.
Lesson Plan:
The Firm Leaders should divide the Firm into 4 (four) groups of at least 5
members each to handle the tasks as indicated in the table hereinbelow;
UGANDA POLICE
POLICE FORM 2B
KIRA CRB 45 / 2023
SHEET NO. 1
COMPLAINANT’S STATEMENT
STATES:
The above stated particulars and address are mine. June 2023, I bought a
school from Ssiswaala Arafat. The school is called Twinkles Modern School.
The school is found in Kitukutwe, Kira Municipality Wakiso District. After
the Purchase, I retained the Head Teacher, Tebusweke Boaz. He helped me
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while I prepared my new team to take over the school. The school has a main
gate and another small gate at the back of the school. We bought the school
with a lot of furniture and a big generator that was housed at the back of the
Head Teacher’s office. Ssiswaala still had access to the school in order to
finalise the hand over. I had given Ssiswaala two months to completely
vacate the school property including all offices.
The school had armed guards at the main gate. We also retained the guards.
During the month of September 2023, the Head Teacher informed me that
Ssiswaala had come into the school the previous day while driving a pickup
truck. That he stayed in till late. After his departure, the generator went
missing. When I checked my phone, I found a missed call that came in the
previous night at around 10:00PM from the security guard known as
Batalingaya. When I later contacted him, he told me that he wanted to inform
me that that Ssiswaala had left the school late carrying on a pick up, what he
thought was an office desk.
I urged the guards to maintain tight security at the school and I instructed
Tebusweke and the guards never to allow in any former employees of the
school including Ssiswaala without my permission.
I later called Ssiswaala who kept rejecting my calls but later told me said that
he was too busy but also denied having taken or even seen the generator.
Yesterday, I received a call from police that Nsaaga Melton a neigbour to
Tebusweke was arrested with a generator engraved with the names of my
school. Nsaaga was trying to install it at his factory. The police recovered the
generator from Nsaaga. Nsaaga says that he bought it from someone who
brought it to him. He says that remembers the face of the seller and the truck
that delivered the generator to him. The generator is still at police and is
valued at 150,000,000/=.
That is all I can state for now.
Statement made by me, found true and correct.
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UGANDA POLICE
POLICE FORM 2B
SHEET NO.1
States
I wish to state that I am the current Head Teacher of Twinkles Modern
School. I also served in the same position while the school was under the
proprietorship of the former owner, Ssiswaala. I recall very well, that
Ssiswaala sold his school to Pulkeria. I was retained as Head Teacher. The
school had a lot of furniture and a big generator housed in a metallic cage. I
run all the affairs of the school generally and we have school guards mainly
at the gate. Few weeks back, I left my office for the former owner Ssiswaalla
to use to conclude his work. He told me that he had a lot of work. I was later
informed by the guard Batalingaya that he stayed in the school upto very
late at about 10: 00PM and left in his black Ford Pickup truck. I Was told that
he was carrying something but it was dark. I cannot tell what it was. I was
later surprised to know from my neighbour that somebody sold him our
school generator. It is the real generator. I have seen it. I have lost my job
because of this incident.
My boss Mugimbi advised me to go to police and report.
That is all I can state.
Statement made by me, found true and correct.
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UGANDA POLICE
POLICE FORM 2B
SHEET NO.1
STATEMENT
States
The above stated particulars and address are mine. I am a security guard at
twinkles Modern school. I have now worked in that school for more than
fifteen years. That school was sold by Ssiswaala to now my boss called
Madam Mugimbi. But Director Ssiswaala kept coming to the school and I
open for him the gate. On 18th/9/2023, Director Ssiswaala came to the school
in the afternoon in a pick up and sent me to town to bring him some parcel
from Kampala city centre. The person I had gone to see delayed but came. I
then returned to school, gave him his parcel and returned to the guard duties
at the gate. Director stayed in the school till late in the night. I was worried.
He then left at about 10:00pm. He had something quite big like a table.
Maybe it was a table but I could not see it well. I decided to call my new boss,
madam Mugimbi but she did not answer my call. The next day. I informed
her.
I later heard that the big generator was missing from the school. I went to
check in its cage and it was indeed missing. I have never seen Director
Ssiswaala at the school again since that date. Police arrested man I do not
know with the generator.
That is all that I wish to state.
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UGANDA POLICE
POLICE FORM 2B
SHEET NO.1
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UGANDA POLICE
POLICE FORM 2B
SHEET NO.1
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managed to arrest two people, namely Nsaaga Melton and Siswaala Arafat.
It was Nsaaga who revealed that it is Ssiswaaala the former owner of the
school who sold him a generator. He added that he was called on phone
0710101010 about the generator. Ssiswaala recorded a statement at Police.
Nsaaga also recorded a statement as a witness. Ssiswaala was arrested on
08/09/2023 in Mbarara and later transferred to Kira Divisional Police
Station. Ssiswaala recorded a statement at Police but he denied stealing the
generator. He was detained at Kira Police Station.
Statement self-recorded. Signed by: D/CPL Omona Gilbert.
UGANDA POLICE
POLICE FORM 2B
SHEET NO.4
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must explain how his neighbour got that generator. I know Tebusweke to be
a crafty man. I know him very well.
I had gone to Mbarara for business. It is not true that I went to the school to
steal the generator. My phone had been stolen sometime back but I got it
back. That is all that I wish to state. This is my statement recorded, read
through and I prove it correct.
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CASE FILE NO.2
Aims
This Workshop aims at further introducing learners to pretrial proceedings
including perusal of a police file, demonstrating the role of the Office of the
Director of Public Prosecutions (ODPP) in among others guiding police on
further investigations, interviewing clients in police custody, ability to
secure pre-trial remedies for clients, recording confessions or extra-judicial
statements from accused persons and dealing with ethical dilemmas.
Learning Outcomes:
The following are the intended learning outcomes for this workshop;
(a) Ability to execute the mandate of the Director of Public Prosecutions in
the management of criminal prosecutions.
(b) the ability to peruse a police file, comprehend the contents therein and
guide police in carrying out investigations.
(c) the ability to prepare charge sheet in accordance with the established
rules.
(d)the ability to identify and procure the various pre-trial remedies available
to suspects in the criminal justice system.
(e) the skill of interviewing a suspect who is in police custody.
(f) the ability to recognize and deal with ethical dilemmas in regard to the
administration of criminal justice
Legislation
1. The Constitution of the Republic of Uganda, 1995; Articles 23,
28,120,129(1) (d) and (3), 212 and 250(4).
2. The Penal Code Act, [Cap. 128]
3. The Police Act, [Cap. 324]
4. The Criminal Procedure Code Act, [Cap. 122]; Ss 2 – 27.
5. The Evidence Act, [Cap. 8]; Part II – Part IV.
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6. The Magistrates’ Courts Act, [Cap. 19]
7. The Magistrates’ Courts (Magisterial Areas) Instrument, 2007; S.I No. 45
of 2007.
8. Judicature Act Cap 16
9. The Judicature (Criminal Procedure) (Applications) Rules; S.I. 13-8.
10. Poor Persons Defence Act Cap 22
11. Identification of Offenders Act Cap 127
Cases:
1. Foundation for Human rights Initiative vs. Attorney General; S.C. Const.
Appeal. No. 3 of 2009. (Unreported).
2. Attorney General vs. Joseph Tumushabe; S.C. Const. Appeal No. 3 of
2005 (Unreported).
3. Soon Yeon Kong Kim and Anor vs. A.G.; Const, Ref. No. 6 of 2007
(unreported).
4. Uganda vs. Col, Rtd. Kiiza Besigye.; Const. Ref. No. 20 of 2005
(Unreported).
5. Mwanga Francis & 2 others vs. Uganda. S.C. A. Cr. Appeal No. 88 of 1999
(unreported).
6. Kawooya Joseph vs. Uganda. S. C. Cr. Appeal No. 50 of 1999
(unreported).
7. Nyeko Anthony v Uganda Criminal Appeal No.0018 of 2017 (Gulu)
(Mubiru J)
8. Uganda Vs Hassan Agade & Ors Crim. Session Case No.
001/2010 (unreported)
Each student MUST carry out personal research and prepare notes in respect of
all the tasks prior to the workshop. Failure to comply may lead to being exluded
from the session.
Instructions
You are a Resident Chief State Attorney at Nabweru. The above file (CRB
308/2024 is sent to you by the OC CIID Nansana for perusal and legal
advice.
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Workshop Tasks
Task 1
a) Summarize the relevant facts,issues and law applicable of the case as
seen in the police file
b) Identify the possible offence(s) if any, disclosed by the facts and
evaluate the evidence on the police file to support the offences
identified.
Task 2
c) Suppose you find the evidence inadequate, identify areas that require
further investigations, if any and advise the police accordingly
d) Draft the necessary court document(s) to initiate criminal proceedings
Task 3
Assume that you are an advocate in private practice with M/s Back on Track
Advocates and you have been instructed by the relatives of the suspect who
has been detained at Nansana Police Station since the 9th September 2024:
(a) Advise your client on the pre-trial remedies available to him, if any.
(b) Draft the necessary court documents envisaged for this purpose.
Task 4
(a) Assume that you are a Grade 1 Magistrate and the suspect has told the
Police that he accepts having committed the offence. He has
been produced before you for an extra judicial statement, demonstrate
how you would ensure that his statement is properly recorded.
Lesson Plan.
The different groups must meet well in advance to discuss and E-MAIL the
Firm’s presentations to the Professional Advisors assigned to them on the
time table.
NB: Every student MUST prepare for all the tasks and have prepared notes
and documents. Any student may without excuse be called upon by the
professional Advisor to make a presentation on any task.
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The firm Leader shall divide the firm as indicated in the table herein below.
S/N Activity Responsibility Time (Minutes) Tasks
1 Introduction of Professional Advisor 10
workshop (PA)
2 Fact Analysis Students 30 All
3 Presentation Group 1 15 1
4 Presentation Group 2 15 2
5 Presentation Group 3 15 3
6 Presentation Group 4 15 4
7 Wrap-up and PA & Students 20
Q&A
POLICE FILE
UGANDA POLICE
POLICE FORM 2B
SHEET NO.1
NANSANA CRB 308/2024
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I run away and went to the chairman LC1’s home and reported the what
happened. We returned to the scene with the chairman and Chaga showed
us some documents that he claimed showed that my father gave him the
land. The chairman advised me to immediately report the case to police and
that is why I came. The documents Chaga had he remained with them. What
I know is that the documents regarding the ownership of this house are with
my uncle Yoweri who is a brother to my father.
That is all that I wish to state.
UGANDA POLICE
POLICE FORM 2B
SHEET NO.1
NANSANA CRB 308/2024
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Signed by: Golden Batume
Recorded by D/Sgt Waiswa Fakhir
UGANDA POLICE
POLICE FORM 2B
SHEET NO.1
NANSANA CRB308/2024
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were major variations suggesting that the agreement was not written by the
deceased father. The copy of the report is attached to the case file. So we
confirmed Chaga had a fake written agreement and was not given any land.
Statement self-recorded. Signed by: D/IP Romano Kaswabuli
UGANDA POLICE
POLICE FORM 2B
SHEET NO.4
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