Docsity
Docsity
Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity

Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan

Guidelines and tips
Guidelines and tips
Sell on Docsity
Sell on Docsity
Docsity AI
Docsity AI
Log inSign up

Prepare for your exams

Study with the several resources on Docsity

Find documents

Prepare for your exams with the study notes shared by other students like you on Docsity

Search for your university

Find the specific documents for your university's exams

Docsity AINEW

Summarize your documents, ask them questions, convert them into quizzes and concept maps

Explore questions

Clear up your doubts by reading the answers to questions asked by your fellow students

Earn points to download

Earn points by helping other students or get them with a premium plan

Share documents
download point icon20 Points

For each uploaded document

Answer questions
download point icon5 Points

For each given answer (max 1 per day)

All the ways to get free points
Get points immediately

Choose a premium plan with all the points you need

Study Opportunities

Choose your next study program

Get in touch with the best universities in the world. Search through thousands of universities and official partners

Community

Ask the community

Ask the community for help and clear up your study doubts

Free resources

Our save-the-student-ebooks!

Download our free guides on studying techniques, anxiety management strategies, and thesis advice from Docsity tutors

Study notes on criminal procedure, Study notes of Criminal Law

Uganda Christian UniversityCriminal Law

Contains work on criminal procedure for guidance to students

Typology: Study notes

2020/2021

Uploaded on 08/31/2021

musinguzi-joseph
musinguzi-joseph 🇺🇬

3.5

(4)

9 documents

1 / 3

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
UGANDA CHRISTIAN UNIVERSITY
KAMPALA CAMPUS
NAME: GROUP 1
COURSE: LLB 3 STREAM B
COURSE UNIT: CRIMINAL PROCEDURE
LECTURER: MRS. SSEKINDI RUTH
TUTOR: MS. NASSIMBWA JOCHEABED
GROUP MEMBERS:
1. KABUYE RONALD BKS17B11/1001
2. AKANKUNDA CANDY NYAKATO BKS17B11/027
3. KASAANA MARTIN BKS17B11/325
4. LUBEGA NELSON BKS17B11/362
5. NAKABUGO NAKATO MARIAM BKS17B11/501
6. ABILI MICHAEL BKS17B11/004
7. LOGOSE TRACY KEVINA BKS17B11/364
8. MEKE BRENDA OMEDO BKS17B11/428
9. TUMUSIIME MOUREEN BKS17B11/807
10. NDYOMUSINGUZI DEO BKS17B11/505
11. OBUA ROSE BKS17B11/605
QUESTION
X is accused of having stolen 5 computers from Y. Y filed a complaint at the police station
and the investigating officer took the file to UCU Magistrate court for purposes of getting
summons. Upon reaching the court, the magistrate read the file and told the investigating
officer that he is on Warid Mega bonus which was much cheaper than printing the already
scarce paper. He accordingly made a phone call to X asking him to appear before court the
next day.
pf3

Partial preview of the text

Download Study notes on criminal procedure and more Study notes Criminal Law in PDF only on Docsity!

UGANDA CHRISTIAN UNIVERSITY

KAMPALA CAMPUS

NAME: GROUP 1

COURSE: LLB 3 STREAM B

COURSE UNIT: CRIMINAL PROCEDURE

LECTURER: MRS. SSEKINDI RUTH

TUTOR: MS. NASSIMBWA JOCHEABED

GROUP MEMBERS:

1. KABUYE RONALD BKS17B11/

2. AKANKUNDA CANDY NYAKATO BKS17B11/

3. KASAANA MARTIN BKS17B11/

4. LUBEGA NELSON BKS17B11/

5. NAKABUGO NAKATO MARIAM BKS17B11/

6. ABILI MICHAEL BKS17B11/

7. LOGOSE TRACY KEVINA BKS17B11/

8. MEKE BRENDA OMEDO BKS17B11/

9. TUMUSIIME MOUREEN BKS17B11/

10. NDYOMUSINGUZI DEO BKS17B11/

11. OBUA ROSE BKS17B11/

QUESTION

X is accused of having stolen 5 computers from Y. Y filed a complaint at the police station and the investigating officer took the file to UCU Magistrate court for purposes of getting summons. Upon reaching the court, the magistrate read the file and told the investigating officer that he is on Warid Mega bonus which was much cheaper than printing the already scarce paper. He accordingly made a phone call to X asking him to appear before court the next day.

X’s wife has approached you for legal advice.

  1. Whether the Criminal Summon from the investigating officer to Y was duly affected. According to Ayume, in his book, Criminal Procedure in Uganda at page 29, a criminal Summons is a simple document issued by a court containing a number of facts justifying an inquiry into a complaint against an accused person and requiring him to attend the inquiry. The rationale behind this is to ensure that the offender is brought to court. Section 50 of the Chief Magistrates Court Act provides for service of summons at any place in Uganda. According to Section 44 of the Magistrates Court Act , every summon shall;  Be in writing  Prepared in duplicate  Signed and sealed by the magistrate or by such other officer as the chief magistrate may from time to time direct. Section 44(3) of the same Act goes further ahead to provide that the summons shall state shortly the offence with which the person against whom it is issued is subject. According to the instant facts, we see that this provision of the law is not followed. The magistrate simply calls Y and asks him to appear before court the next day and does not at any one point state shortly the offence with which Y is charged. The mere fact that the magistrate simply makes a phone call which he considers much cheaper than printing the already scarce paper since he is on warid mega bonus, and yet, Section 44 clearly stipulates for the summon to be in writing also defeats the aspect of the criminal summon being duly affected. Section 45 of the Magistrates Court Act provides for service of summons by a police summons by a police officer or by an officer of the court issuing it or by other public servant and the person to whom it is served is required to sign a receipt for it on the back of the original summons. The instant facts do not show any document as the means of summoning was done through a phone call and also, there was no affidavit sworn as a means of evidence to show service of summons. The case of UTC VERSUS Katongole & Another (1975) HCB 336, it was held that , “proper effort must be made to effect personal service, but if it is not possible service may be on an agent .” The underlined principle therefore is that proper effort must have been made to effect personal service of the summons which is not evidenced anywhere in the instant facts as it is simply a phone call that is placed to tell X to appear in court rather than ensuring that the summons are served to him in person. This goes without saying that the law also provides for circumstances where the service cannot be effected as provided under sections 44 and 45 and provides under section 47 of the Magistrates Court Act that the serving officer shall affix the duplicate of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides which shall be taken as a duly served summon, yet again, this is done in the facts.