Abstract:
The law of criminal procedure lays down the machinery by which suspects are brought
to court, tried and if found guilty, punished. Criminal procedure can also be defined as
the means by which criminal law is enforced and involves the balancing of the liberty of
the citizen against the interests of the community as a whole. The scope of criminal
procedure extends over a wide perimeter from prevention and investigation of crime to
prosecution and punishment of the offender.1
As far as human rights are concerned, every Ugandan citizen has a right to liberty. This
presupposes that the freedom enjoyed by the citizens can only be limited according to the
provisions of the law and anything done without heeding the same is said to be arbitrary.
The Uganda Police Force is mandated under Section 4 of the Police Act to; protect the
life, property and other rights of the individual, maintain security within Uganda, enforce
the law, ensure public safety and order and detect and prevent crime in the society. In
order to fulfill this mandate the Police is legally empowered to conduct arrests, searches
and institute criminal proceedings. However, the in manner in which the Police has
conducted numerous arrests over time, has left many Ugandans sceptical as to whether
the Police is indeed a custodian of law and order. Many have witnessed brutal arrests of
politicians, on television and in newspapers over time and even more recently when
Police was dispersing people from political consultative sessions of presidential
opposition candidates like Amama Mbabazi and Kiiza Besigye. The question that
continues to linger is how should these arrests be conducted under the law? This book
analyses the aspect of arrests by the government. It discusses the procedure of an arrestas enshrined in the laws of Uganda, the rights of an accused person, a suspect and even a
convict.