Uganda v Kachope
Uganda v Kachope (Criminal Session 261 of 2022) [2024] UGHC 484 (28 March 2024)
The High Court, faced with an accused who has a documented history of episodic mental illness and is deemed unfit for trial, must ensure that proceedings comply with constitutional and statutory safeguards for persons with mental disabilities. Section 45(5) of the Trial on Indictments Act, previously relied upon for procedure in such cases, has been declared unconstitutional by the Constitutional Court in CEHURD v Attorney General, as it violates the rights of accused persons by labeling them 'criminal lunatics' without conviction. The Mental Health Act now provides the operative framework, r…
Source excerpt
- Mental Health In Criminal Procedure
- Fitness To Stand Trial
- Rights Of Persons With Disabilities
- Remand And Emergency Admission
- Constitutional Compliance
- Fair Trial Rights