Constitution of the Republic of Uganda, 1995
Protection of personal liberty.
- Jurisdiction
- Uganda
- Provision
- 23
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source(1) No person shall be deprived of personal liberty except in any of
the following cases—
(a) in execution of the sentence or order of a court, whether
established for Uganda or another country or of an international
court or tribunal in respect of a criminal offence of which that
person has been convicted, or of an order of a court punishing the
person for contempt of court;
(b) in execution of the order of a court made to secure the fulfillment
of any obligation imposed on that person by law;
(c) for the purpose of bringing that person before a court in execution
of the order of a court or upon reasonable suspicion that that
person has committed or is about to commit a criminal offence
under the laws of Uganda;
(d) for the purpose of preventing the spread of an infectious or
contagious disease;
(e) in the case of a person who has not attained the age of eighteen
years, for the purpose of the education or welfare of that person;
(f) in the case of a person who is, or is reasonably suspected to be, of
unsound mind or addicted to drugs or alcohol, for the purpose of
the care or treatment of that person or the protection of the
community;
(g) for the purpose of preventing the unlawful entry of that person
into Uganda, or for the purpose of effecting the expulsion,
extradition or other lawful removal of that person from Uganda
or for the purpose of restricting that person while being conveyed
through Uganda in the course of the extradition or removal of that
person as a convicted prisoner from one country to another; or
(h) as may be authorised by law, in any other circumstances similar
to any of the cases specified in paragraphs (a) to (g) of this clause.
(2) A person arrested, restricted or detained shall be kept in a place
authorised by law.
(3) A person arrested, restricted or detained shall be informed
immediately, in a language that the person understands, of the reasons for the
arrest, restriction or detention and of his or her right to a lawyer of his or her
choice.
(4) A person arrested or detained—
(a) for the purpose of bringing him or her before a court in execution
of an order of a court; or
(b) upon reasonable suspicion of his or her having committed or
being about to commit a criminal offence under the laws of
Uganda,
shall, if not earlier released, be brought to court as soon as possible but in any
case not later than forty-eight hours from the time of his or her arrest.
(5) Where a person is restricted or detained—
(a) the next-of-kin of that person shall, at the request of that person,
be informed as soon as practicable of the restriction or detention;
(b) the next-of-kin, lawyer and personal doctor of that person shall be
allowed reasonable access to that person; and
(c) that person shall be allowed access to medical treatment
including, at the request and at the cost of that person, access to
private medical treatment.
(6) Where a person is arrested in respect of a criminal offence—
(a) the person is entitled to apply to the court to be released on bail,
and the court may grant that person bail on such conditions as the
court considers reasonable;
(b) in the case of an offence which is triable by the High Court as
well as by a subordinate court, the person shall be released on bail
on such conditions as the court considers reasonable, if that
person has been remanded in custody in respect of the offence
before trial for one hundred and twenty days;
(c) in the case of an offence triable only by the High Court, the
person shall be released on bail on such conditions as the court
considers reasonable, if the person has been remanded in custody
for three hundred and sixty days before the case is committed to
the High Court.
(7) A person unlawfully arrested, restricted or detained by any other
person or authority shall be entitled to compensation from that other person
or authority whether it is the State or an agency of the State or other person
or authority.
(8) Where a person is convicted and sentenced to a term of
imprisonment for an offence, any period he or she spends in lawful custody
in respect of the offence before the completion of his or her trial shall be
taken into account in imposing the term of imprisonment.
(9) The right to an order of habeas corpus shall be inviolable and shall
not be suspended.
Source record
Source and verification
Constitution of the Republic of Uganda, 1995 · judiciary.go.ug · Retrieved 17 August 2026.
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