arrests

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ARRESTS

To arrest a person is to deprive him of his liberty by a lawful authority for the purpose of

compelling his appearance to answer a criminal charge or as a method of execution. Arrest

involves the taking of the person arrested in custody whereby the person is detained or confined in a certain place.

CONSTITUTIONAL PROVISIONS FOR ARREST

According to Art 23 of the Constitution, no person should be deprived of personal liberty.

nce restricted or detained, one has to be kept in a place authorised by law. The Constitution

further re!uires that a person arrested or detained should be informed immediately in a

language he understands, the reasons for his arrest and his right of a lawyer of his own

choice.

CIRCUMSTANCES UNDER WHICH A PERSON CAN BE ARRESTED:

". #or purposes of bringing him to court or before court in execution of a court order.

2. $here there is reasonable suspicion of his % her having committed or being about to

commit an offence under the laws of &ganda.

What happens after the person accused has been arrested?

The accused if not released earlier, the arrested person must be brought to court as soon as

possible but in any case not latter than '( hrs from the time of arrest.

What if the accused person is arrested on a Friday? What is the remedy if you are unlawfully

arrested? &nder Art 23)*+, a person who is unlawfully arrested or detained by any other

person or authority shall be entitled to compensation from that other person or from the state.

What if you are arrested and not brought to court? Art 23)+ provides that a person has a right

for an order of habeas corpus. This is basically a prerogative writ directing a person who has

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been detaining another person in custody commanding him to produce or have the body of

the person arrested and produced in court.

WAYS OF ARRESTING A PERSON

a) Arrest wit warra!ts "# arrest$

This is provided under sec - of the /.C.A or sec - of the T.0.A. The warrant must be in

writing as per sec - /.C.A, signed by the 1udge % magistrate issuing it and must bear the

seal of court. 0t must be directed to a person ordering him to arrest a person described in the

warrant to bring him before the court having 1urisdiction and it must state briefly the charge

against that person and describe his details.

A warrant of arrest may be directed to the following people

• A specific police officer or generally all police officers or a chief )individual chief+ or a

private person eg land holder, farmer or manager of land with in the local limits of the

1urisdiction of the chief magistrate. ee sections -(, - and sec * T.0.A.

4ow then does one define local council officials5 They can arrest as private persons.

DURATION OF A WARRANT

&nder sec -)3+ and -*)3+ T.0.A, a warrant of arrest remains in force until it is executed or

cancelled by the court which issued it. A warrant may be executed at any place in &ganda or

out side under extradition, see sec " /.C.A 6 sec "" T.0.A.

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PROCEDURE OF E%ECUTING A WARRANT OF ARREST

• &nder sec " /.C.A or sec "7 T.0.A when executing a warrant, a police officer or other

person executing it is re!uired to inform the person to be arrested the substance of the

warrant.• The arresting officer must take the person arrested to custody or to court without un

necessary delay.

• &nder sec 3 /.C.A, where the arrest is made out side the local limits of the

1urisdiction of the court which issued it, and more than 27 miles from the court, the arrested

person should be taken before the magistrate within the local limits of whose 1urisdiction the

arrest was made. This is to prevent pre1udice or unfairness to the accused.

METHODS OR WAYS OF ARRESTING A PERSON&

According to sec 2)"+ C.8.C.A, in making an arrest, the police officer making the same shall

actually touch or confine the body of a person to be arrested unless there is submission to the

custody by word or action.

Wat i# te 'ers"! resists arrest(

&nder sec 2)2+, if a person forcibly resists the 9ndeavour to arrest him or attempts to evade

the arrest, such police officer may use all the means necessary to effect arrest. 4owever, the

force used in the circumstances should be reasonable, what is reasonable is a !uestion of

fact. Therefore only reasonable force is allowed in order to effect an arrest. therwise

excessive force is unlawful. 0n determining the degree of force to be used, the arresting officer

needs to consider the following:

• The seriousness of the offence committed.

• The manner in which the offence was committed. &nder sec 2 of the 8olice Act Cap

373, a police officer may use a fire arm under the following circumstances:

a+ where the person charged with or convicted of a felony escapes from lawful custody

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b+ The person who through force rescues another from lawful custody.

c+ The person who through force prevents the lawful arrest of himself or another person.

0n using force, the police officer must have the following grounds:

• The police officer has reasonable grounds to believe that he cannot otherwise

prevent any act or effect the arrest.

• The police must have issued a warning to the offender that he is going to resort to the

use of arms and the offender does not heed to the warning.

• That the police officer has reasonable grounds to believe that he or any other person

is in danger of grievous bodily harm if he does not resort to the use of arms.

ARREST WITHOUT A WARRANT

There are several circumstances under which a person can be arrested without a warrant:

B a '"*i+e "##i+er& A police officer is defined as any attested member of the police force as

per sec 3)d+ of the 8olice Act. &nder sec 2' 8olice Act and sec "7 C.8.C.A, a police officer

can arrest a person without a warrant under the following circumstances:

a+ $here he suspects upon reasonable grounds that such a person has committed a

cogni;able offence )chapter 2( of the 8enal Code Act+

b+ $here a person commits a breach of peace in his presence

c+ $here a person obstructs a police officer in the execution of his duties or a person who

has escaped from lawful custody or has attempted to escape from lawful custody

d+ $here a police officer suspects upon reasonable grounds that such a person is a deserter

from the armed forces of &ganda )sec "7 C.8.C.A+ and any person a police officer finds on ahigh way or any other place during the night and whom the police officer suspects of having

committed a crime.

e+ Any person whom the police officer suspects upon reasonable grounds of having been

concerned in any criminal act committed out side &ganda.

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f+ Any person having in his possession with out lawful excuse, implements for house

breaking.

g+ Any person to whom the police officer on reasonable grounds believes that a warrant of

arrest has been issued.

h+ $here a person is in possession of property suspected of having been stolen or who mayreasonably be suspected of having committed an offence with reference to such a thing.

i+ ther circumstances under which a police officer can arrest with out a warrant are

provided for under sec "" C.8.C.A eg vagabond or habitual robbers )criminals+.

A '"*i+e "##i+er can also arrest a person who commits an offence in his presence and

refuses to give his name and residence or he gives a wrong name and address. ee . "3

C.8.C.A. <ead the case of Joseph Byaruhanga, where this person shot at suspects and the

issue was whether a person arrested should always be in hand cuffs5 4e was not charged

hence sec "3 did not apply. Appeal: was dismissed too.

A ,a-istrate, under sec " of the C.8.C.A. 0t provides that a magistrate may arrest a person

who commits an offence in his presence with in the local limits of his 1urisdiction.

Arrest . *"+a* a/,i!istrati"! '"*i+e

These powers were given under the 8olice Act. 4owever whenever these officers of the local

administration are re!uired to operate under the immediate direction and control of the officer

in charge of &ganda police force.

Arrest . a +ie#

Chiefs were given powers of arrest by the =ocal Administration Act "*. &nder sec '7, every

chief is re!uired to obey all orders issued and warrants issued to him by any court or any

competent authority responsible for law and order. 4owever, this Act was repealed by the

=ocal >overnment Act "*. A chief is re!uired to collect and communicate intelligence

affecting public peace, prevent the commission of an offence and public nuisance and to

detect and bring offenders to 1ustice and apprehend those for whose apprehension he has

sufficient grounds to do.

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Arrest . 'ri0ate 'ers"!s

&nder sec "-)"+ C.8.C.A, a private person may arrest any person who, in his view commit acognisable offence or whom he suspects of having committed a felony. econdly the owner of

property or his servants or persons ordered by him may arrest a person being arrested with

out a warrant in any of the above situations has a right to know why he is being arrested.

&nder sec " C.8.C.A. any person arrested must be handed over to the police. 0t is not

necessary to tell the reason of arrest where the reason of arrest is obvious.

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arrests

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