Uganda Act or statute

Parliament of Uganda

Probation Act

Jurisdiction: Uganda
Structure: 16 provisions
Citation: Chapter 132
Dates: As at 31 Dec 2023

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Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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“This section provides definitions for terms used in the Act (for example: "court", "currency point", "probation officer", "probation order", "probation period", "probationer", "public officer", and "supervising court") and contains a deeming rule about probation orders made on appeal.”

This section provides definitions for terms used in the Act (for example: "court", "currency point", "probation officer", "probation order", "probation period", "probationer", "public officer", and "supervising court") and contains a deeming rule about probation orders made on appeal. A court may make a probation order instead of sentencing if, after inquiry, it considers it expedient; before doing so the court must explain the order's effect and consequences, and it must not make a probation order for someone aged fourteen or over unless that person expresses willingness to comply. Before imposing residence requirements in a probation order, the court must consider the offender's home surroundings; where residence in an institution is required the institution must be government-controlled or Minister-approved, the period must be specified and not exceed twelve months, and the court must notify the Minister and provide copies of the order to specified persons and the supervising court. A court may, when making a probation order and if it thinks it expedient for reformation, allow a suitable consenting person to give security for the offender's good behaviour. If a probationer fails to comply with a probation order, the supervising court may impose a fine up to one hundred currency points, may issue a summons or warrant (warrant only on information on oath), and courts (magistrate’s court or High Court) may deal with the probationer as if convicted; the court must send a certificate to the High Court; a probationer convicted of an offence during probation is not liable under this section for failing to comply.

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Interpretation - Interpretation

Section 1

Probation orders - Breach of requirement of probation order

Section 5

Amendment, review and discharge of probation orders - When probationer must appear

Section 11

Amendment, review and discharge of probation orders - Review of probation order

When a probation order requires residence beyond six months, the probation officer must report to the supervising court as soon as possible after six months; on receiving that report the supervising court may review and, if appropriate,…

Section 9

Arrangements for probation - Power to amend Schedule

The Minister responsible for finance may, by statutory instrument and with the approval of Cabinet, amend the Schedule to this Act.

Section 16

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Showing 16 of 16 provisions

Offence 5Provision 4Amendment 4Substitution 2

Part I

Interpretation

§ 1Interpretation - InterpretationInterpretation

Section Interpretation Section In this Act, unless the context otherwise requires— “ court ” means the High Court or a magistrate’s court; “ currency point ” has the value assigned to it in the Schedule to this Act; “ offence the sentence for which is fixed by law ” means— (a) an offence for which the court is required to sentence the offender to death or to imprisonment for life; or (b) an offence in respect of which, by reason of particular circumstances relating to the offender, the court is required in place of passing sentence to refer the case to a Minister for the making of a detention order or for disposal in any other way; “ probation officer ” means a member of the probation service for which provision is made by section 14 and, in relation to a probationer , means the person for the time being responsible for his or her supervision; “ probation order ” means an order made under this Act placing a person under the supervision of a probation officer ; “ probation period ” means the period for which a probationer is placed under supervision by a probation order ; “ probationer ” means a person for the time being under supervision by virtue of a probation order ; “ public officer ” has the meaning ascribed to it in the Constitution ; “ supervising court ” means the magistrate’s court having jurisdiction in the district or area for the time being named in the probation order in which the probationer resides or will reside. For the purposes of this Act, except section 3(3) , where a probation order has been made on appeal, the order shall be deemed to have been made by the court from which the appeal was brought or, in the case of a second appeal, by the court of trial.

Section 1Verify source

Part II

Probation orders

§ 2Probation orders - ProbationOffence

A court may make a probation order instead of sentencing if, after inquiry, it considers it expedient; before doing so the court must explain the order's effect and consequences, and it must not make a probation order for someone aged fourteen or over unless that person expresses willingness to comply.

Section Probation Section Where a court by or before which a person is convicted of an offence, not being an offence the sentence for which is fixed by law, is of the opinion after due inquiry has been made that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may, instead of sentencing him or her, make a probation order . Before making a probation order , the court shall explain to the offender in ordinary language the effect of the order and that, if he or she fails in any respect to comply with the probation order or commits another offence, he or she will be liable to be sentenced for the original offence; and if the offender is not less than fourteen years of age, the court shall not make a probation order unless the offender expresses his or her willingness to comply with the requirements of the order.

Section 2Verify source

§ 3Probation orders - Requirements of probation orderOffence

Before imposing residence requirements in a probation order, the court must consider the offender's home surroundings; where residence in an institution is required the institution must be government-controlled or Minister-approved, the period must be specified and not exceed twelve months, and the court must notify the Minister and provide copies of the order to specified persons and the supervising court.

Section Requirements of probation order Section Before making a probation order containing requirements as to residence, the court shall consider the home surroundings of the offender; and where an order requires the offender to reside in an institution— A probation order shall contain such requirements as the court considers necessary for securing the supervision of the offender, and such additional requirements as to residence and other matters as the court , having regard to the circumstances of the case, considers necessary for securing the good conduct of the offender or for preventing a repetition of the same offence or the commission of other offences; but without prejudice to the power of the court to make an order under section 196 of the Magistrates Courts Act or section 125(1) of the Trial on Indictments Act, the payment of any sum by way of compensation shall not be included among the requirements of a probation order . the institution shall be an institution which is under the control or subject to inspection by the Government or is approved for the purpose by the Minister; the name of the institution and the period for which he or she is so required to reside shall be specified in the order, and that period shall not extend beyond twelve months from the date of the order; and the court shall immediately give notice of the order to the Minister. The court by which a probation order is made shall immediately give a copy of the order to the probationer , to the probation officer under whose supervision he or she is placed and to the person in charge of any institution in which the probationer is required by the order to reside; and the court shall, except where it is itself the supervising court , send to the supervising court a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to the supervising court .

Section 3Verify source

§ 4Probation orders - Security for good behaviourProvision

A court may, when making a probation order and if it thinks it expedient for reformation, allow a suitable consenting person to give security for the offender's good behaviour.

Section Security for good behaviour Section A court may, on making a probation order , if it thinks it expedient for the purpose of the reformation of the offender, allow any suitable person who consents to do so to give security for the good behaviour of the offender.

Section 4Verify source

§ 5Probation orders - Breach of requirement of probation orderOffence

If a probationer fails to comply with a probation order, the supervising court may impose a fine up to one hundred currency points, may issue a summons or warrant (warrant only on information on oath), and courts (magistrate’s court or High Court) may deal with the probationer as if convicted; the court must send a certificate to the High Court; a probationer convicted of an offence during probation is not liable under this section for failing to comply.

Section Breach of requirement of probation order Section If it is proved to the satisfaction of the supervising court that the probationer has failed to comply with any of the requirements of the probation order , that court may, without prejudice to the continuance of the probation order , impose on him or her a fine not exceeding one hundred currency points, or may— Where the supervising court deals with the case as provided in subsection (3)(b) , then— If, at any time during the probation period , it appears to a court that a probationer has failed to comply with any of the requirements of the probation order , the court may issue a summons requiring the probationer to appear at the place and time specified in the summons or may issue a warrant for his or her arrest; but a warrant shall not be issued except on information on oath. A summons or warrant issued under this section shall direct the probationer to appear or to be brought before the supervising court . if the probation order was made by a magistrate’s court , deal with the probationer for the offence in respect of which the probation order was made in any manner in which the court could deal with the probationer if it had just convicted him or her of that offence; if the probation order was made by the High Court, commit the probationer to custody or release him or her on bail, with or without sureties, until he or she can be brought or appear before the High Court. the court shall send to the High Court a certificate signed by a magistrate authorised to preside over the court certifying that the probationer has failed to comply with the requirements of the probation order as may be specified in the certificate, together with the other particulars of the case as may be desirable; and a certificate purporting to be so signed shall be admissible as evidence of the failure before the High Court; and where the probationer is brought or appears before the High Court, and it is proved to the satisfaction of that court that he or she has failed to comply with any of the requirements of the probation order , that court may deal with the probationer , for the offence in respect of which the probation order was made, in any manner in which the court could deal with him or her if he or she had just been convicted before the court of that offence. A probationer who is convicted of an offence committed during the probation period shall not, on that account, be liable to be dealt with under this section for failing to comply with any requirement of the probation order .

Section 5Verify source

§ 6Probation orders - Commission of subsequent offenceOffence

If a probationer is convicted during the probation period and has been dealt with for that offence, the court may issue a summons or a warrant (but a warrant only on information on oath); courts and magistrates may commit, release on bail, or otherwise deal with the probationer as if freshly convicted.

Section Commission of subsequent offence Section If it appears to a court that a probationer has been convicted by a court in any part of Uganda of an offence committed during the probation period and has been dealt with in respect of that offence, it may issue a summons requiring the probationer to appear at the place and time specified in the summons or may issue a warrant for his or her arrest; but a warrant shall not be issued except on information on oath. A summons or warrant issued under this section shall direct the probationer to appear or to be brought before the court by which the probation order was made, or before the supervising court ; but if a warrant is issued requiring him or her to be brought before the High Court and he or she cannot immediately be brought before that court because that court is not in session, the warrant shall have effect as if it directed him or her to be brought before a magistrate’s court for the place in Uganda where he or she was arrested; and the magistrate’s court shall commit him or her to custody or release him or her on bail, with or without sureties, until he or she can be brought or appear before the High Court. If a person in whose case a probation order has been made by the High Court is convicted and dealt with by a magistrate’s court in respect of an offence committed during the probation period , the magistrate’s court may commit him or her to custody or release him or her on bail, with or without ureties, until he or she can be brought or appear before the High Court; and it does so, the magistrate’s court shall send to the High Court a copy of its dgment with such particulars of the case as may be desirable. Where it is proved to the satisfaction of the court by which a probation order was made, or, if the order was made by a magistrate’s court , to the satisfaction of that court or the supervising court , that the person in whose case that order was made has been convicted and dealt with in respect of an offence committed during the probation period , the court may deal with him or her, for the offence for which the order was made, in any manner in which the court could deal with him or her if he or she had just been convicted by or before that court of that offence. If a person in whose case a probation order has been made by a magistrate’s court is convicted before the High Court of an offence committed during the probation period , or is dealt with by the High Court for an offence so committed in respect of which he or she was committed for sentence to that court , the High Court may deal with him or her, for the offence for which the order was made, in any manner in which the magistrate’s court could deal with him or her if it had just convicted him or her of that offence. If a person in whose case a probation order has been made by a magistrate’s court is convicted by another magistrate’s court of any offence committed during the probation period , that court may, with the consent of the court which made the order or of the supervising court , deal with him or her, for the offence for which the order was made, in any manner in which the court could deal with him or her if it had just convicted him or her of that offence.

Section 6Verify source

§ 7Probation orders - Effect of probationOffence

A conviction for an offence for which a probation order is made is treated as not a conviction except for the proceedings in which the order is made and subsequent proceedings under this Act; convictions of persons placed on probation are disregarded for written laws imposing disqualifications or disabilities; the exception applies if the offender was at least seventeen at the time of conviction and is later sentenced under this Part.

Section Effect of probation Section Subsections (1) and (2) shall not affect— A conviction for an offence for which a probation order is made shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under the foregoing provisions of this Act; but where an offender, being not less than seventeen years of age at the time of his or her conviction of an offence for which a probation order is made, is subsequently sentenced under the provisions of this Part for that offence, this subsection shall cease to apply to the conviction. Without prejudice to subsection (1) , the conviction of an offender who is placed on probation shall in any event be disregarded for the purposes of any written law which imposes any disqualification or disability upon convicted persons, or authorises or requires the imposition of any such disqualification or disability. any right of any such offender as is mentioned in those subsections to appeal against his or her conviction, or to rely on those subsections in bar of any subsequent proceedings for the same offence; or the revesting or restoration of any property in consequence of the conviction of any such offender.

Section 7Verify source

Part III

Amendment, review and discharge of probation orders

§ 10Amendment, review and discharge of probation orders - Discharge of probation orderAmendment

The court that made a probation order may, on application by the probation officer or the probationer, discharge the order; if the probation officer applies, the court may deal with the application without summoning the probationer.

Section Discharge of probation order Section The court by which a probation order was made may, upon application made by the probation officer or by the probationer , discharge the order; and, where the application is made by the probation officer , the court may deal with it without summoning the probationer . Where a probationer is sentenced under section 5 or 6 for the offence for which he or she was placed on probation, the probation order shall cease to have effect.

Section 10Verify source

§ 11Amendment, review and discharge of probation orders - When probationer must appearSubstitution

When the supervising court proposes to amend a probation order (other than on the probationer’s application) it must summon the probationer to appear; and if the probationer is at least fourteen the court must not amend the order unless the probationer expresses willingness to comply with the amended requirements; this does not apply to orders that cancel a requirement, reduce a period, or substitute a new district or area.

Section When probationer must appear Section Where the supervising court proposes to amend a probation order under this Part, otherwise than on the application of the probationer , it shall summon him or her to appear before the court ; and if the probationer is not less than fourteen years of age, the court shall not amend a probation order unless the probationer expresses his or her willingness to comply with the requirements of the order as amended; except that this section shall not apply to an order cancelling a requirement of the probation order or reducing the period of any requirement or substituting a new district or area for the district or area named in the probation order .

Section 11Verify source

§ 12Amendment, review and discharge of probation orders - Copies of amending and discharging ordersAmendment

When a court discharges or amends a probation order it must immediately give copies of that order to the probation officer; the probation officer must give a copy to the probationer and to the person in charge of any institution where the probationer is or was required to reside; and when an order under this Part changes residence requirements the court must immediately notify the Minister of the terms.

Section Copies of amending and discharging orders Section On the making of an order discharging or amending a probation order , the court shall immediately cause copies of the discharging or amending order to be given to the probation officer , and the probation officer shall give a copy to the probationer and to the person in charge of any institution in which the probationer is or was required by the order to reside. Where an order is made under this Part amending, inserting or cancelling a requirement that a probationer shall reside in an institution, the court shall immediately cause notice of the terms of the order to be given to the Minister.

Section 12Verify source

§ 8Amendment, review and discharge of probation orders - Amendment of probation orderSubstitution

The supervising court may amend a probation order on application by the probation officer or probationer; it must send a copy of the amended order and related documents to the magistrate’s court for the new district; it must not reduce or extend the probation period beyond three years from the original order nor require institutional residence exceeding twelve months; when satisfied that a probationer has or will change residence the court may (and must if applied by the probation officer) substitute the new district.

Section Amendment of probation order Section Without prejudice to subsection (1) , (2) or (3) , the supervising court may, upon application made by the probation officer or by the probationer , by order amend a probation order by cancelling any of the requirements of the probation order or by inserting in it, either in addition to or in substitution for any such requirement, any requirement which could be included in the order if it were then being made by that court in accordance with sections 2 and 3 ; but— If the supervising court is satisfied that a probationer proposes to change, or has changed, his or her residence from the district or area named in the probation order to another district or area, the court may, and if the application for that purpose is made by the probation officer shall, by order amend the probation order by substituting for the district or area named in the probation order the district or area where the probationer proposes to reside or is residing. Notwithstanding subsection (1) , if the probation order contains requirements which, in the opinion of the court , cannot be complied with unless the probationer continues to reside in the district or area named in the order, the court shall not so amend the order unless, in accordance with the following provisions of this Part, it cancels those requirements or substitutes for them other requirements which can be so complied with. Where a probation order is amended under subsection (1) , the supervising court shall send to the magistrate’s court for the new district or area named in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to that court . the court shall not amend a probation order by reducing the probation period or by extending that period beyond the end of three years from the date of the original order; and the court shall not amend a probation order so as to require the probationer to reside in an institution for any period exceeding twelve months in all.

Section 8Verify source

§ 9Amendment, review and discharge of probation orders - Review of probation orderAmendment

Section Review of probation order Section Where a probation order , whether as originally made or amended under this Part, requires the probationer to reside in an institution for a period extending beyond six months from the date of the order as originally made or of the amending order, as the case may be, the probation officer shall, as soon as may be after the expiration of six months from that date, report to the supervising court on the case. On receipt of a report of the kind mentioned in subsection (1) , the supervising court shall review the probation order for the purpose of considering whether to cancel the requirement as to residence or reduce the period of residence, and may, if it thinks fit, amend the order accordingly without the necessity of any application for that purpose.

Section 9Verify source

Part IV

Arrangements for probation

§ 13Arrangements for probation - Supervising probation officerProvision

The probation officer responsible for supervising a probationer must be the officer for the district or area named in the order; if that officer dies or cannot act another probation officer must be selected by the supervising court; where a woman or girl is supervised, the probation officer should, wherever possible, be a woman.

Section Supervising probation officer Section The probation officer who is to be responsible for the supervision of a probationer shall be the officer for the district or area for the time being named in the order in which the probationer resides, or will reside, and if that probation officer dies or is unable for any reason to carry out his or her duties, another probation officer shall be selected by the supervising court . The probation officer under whose supervision a woman or girl is placed shall wherever possible be a woman.

Section 13Verify source

§ 14Arrangements for probation - Probation service and probation committeeProvision

Creates a probation service of public officers who must perform duties imposed by the Act; requires the Minister to appoint a probation committee or committees to review probation officers and perform other probation duties imposed by the Act.

Section Probation service and probation committee Section There shall be a probation service consisting of public officers who shall perform such duties as may be imposed upon them by this Act. The Minister shall appoint a probation committee or probation committees, consisting of such persons as he or she thinks fit, which shall review the work of probation officers in individual cases and perform such other duties in connection with probation as may be imposed upon them by this Act.

Section 14Verify source

§ 15Arrangements for probation - RulesProvision

The Minister may make rules prescribing the duties of probation officers and the constitution and duties of a probation committee.

Section Rules Section The Minister may make rules prescribing— the duties of probation officers; and the constitution and duties of a probation committee.

Section 15Verify source

§ 16Arrangements for probation - Power to amend ScheduleAmendment

The Minister responsible for finance may, by statutory instrument and with the approval of Cabinet, amend the Schedule to this Act.

Section Power to amend Schedule Section The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act.

Section 16Verify source

Legislative relationships

2 referenced instruments

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G–M

1 instrument

Magistrates Courts Act
Section 3

N–S

1 instrument

Schedule to this Act
Section 16

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31 Dec 2023 · currentEnglish

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