ABOUT THE BOOK
In order to deal with Criminals, we need courts of law whose procedure must be regulated by the procedural law. In this view, the procedure which governs the criminal proceedings and inspires confidence and at the same time is not such as provides a wide escape route for the guilt.
This text effectively prepares the reader for procedure and practice by offering an excellent overview of the key principles and procedures applicable to a criminal case.
The classic account of the criminal litigation process is covered and the contents include; Jurisdiction, Extradition, Constitutional criminal procedure, Arrest, Search& Seizure, Bail, Role of D.P.P and police, Charges & Indictment, Pleas, Assessors, trial, Sentencing, Appeals and Revision. The entire process is discussed in light of Ugandan Legislation and Selected Ugandan and East African case law.
Lawyers. judicial officers, academics, police, government officials and the general public concerned with criminal law administration will find this book very useful as a reference to their work.
Ssekaana Musa has lectured at law Development Centre and formerly was a lecture at Uganda Christian University and Islamic University in Uganda. He was a practising advocate of the Court for over 17 years and is currently a Judge of High Court. He holds;
LL.B(Hons) Makerere University Kampala,
DIP.L.P Law Development Centre and
LL.M (Legislative DRAFTING), The University
of the West Indies, Caves-Hill Campus - Barbados
The administration of justice in Uganda is based on the Constitutional principles that all persons are equal before the law; and that all persons are entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
The machinery and procedure in our legal institutions must be maintained for the enforcement of the inherent and inalienable rights of an individual, contained in the Constitution. Not all people who are sent up for trial are guilty of offences with which they are charged. The procedure which governs court proceedings before it arrives at that conclusion has to be such as is fair, inspires confidence and at the same time is not such as provides a wide escape route for the guilty.
The procedure spells much of the difference between rule of law and rule by whim and caprice.
“The objective of criminal procedure is to ensure that the accused is given a full and fair trial in accordance with the principles of natural justice.”
As Uganda society changes socially, economically and politically, so is the complexity of crime, not to mention the increase in its rate. Therefore in any changing society, the criminal procedure by its very nature would need frequent changes to keep pace with the times and also to reflect in it the changing values and moods of the people.
It is hoped that this book will provide a means of understanding the concepts and principles of criminal litigation. It has been designed with the hope of promoting and understanding the principles involved so that the various rules of procedure and practice which govern criminal proceedings can easily be understood and applied to make the study of criminal procedure meaningful and interesting.
The law in this book is stated as of 1 May 2020, and it is hoped that the law is accurately stated from the sources available to me. I accept responsibility for the text as a whole, any errors and omissions are all my own. I invite any comments, views and criticisms about this text on the address herein below.
I am thankful to all those who directly or indirectly rended assistance to me in the preparation of the book especially my learned friends-Ms Miriam Magala, Ms Celia Nagawa, Mr Ddungu henry, Mr Muwanga Muhamad, Mr Mwebya Mathias, Mr Nsamba Greoffrey and Mrs Alziik Namutebi Mutebi.
I am equally grateful to all friends, colleagues and staff at Ssekaana Associated Advocates and Consultants especially my secretary Juilet Turyanunga, for working tirelessly on this text Lastly, I have been blessed and fortunate to have beside me, my lovely wife Salima and our children Naira and Ssekaana Musa(Jr) who have been my source of inspiration together with my sisters Aidah, Mariam and Safinah.
Finally, I extend my sincere appreciation and gratitude to the publisher LawAfrica Publishing Ltd for the encouragement and confidence in my works and above all cooperating at all stages of production in this book.
Ssekaana Musa,
P.O BOX 70075
Kampala-Uganda
ssekaana@hotmail.com