Professional statute overview
Enactment structure, operative effect and source provenance
01
Purpose and legislative effect
“Defines terms used in the section: “accused person”, “conviction”/“convicted”, “fugitive criminal”, “magistrate”, and “warrant”.”
When a fugitive criminal is brought before a magistrate, the magistrate must hear the case with the same criminal jurisdiction and powers and must receive any evidence offered to show the offence is political or not an extradition crime. A magistrate must commit a fugitive criminal to prison to await surrender when an authenticated foreign arrest warrant and supporting evidence would justify committal or prove conviction; the magistrate must send a certificate and report to the Minister and may order custody locally if removal would be dangerous to life or health; if not satisfied with the evidence the magistrate must discharge the prisoner. Magistrates must tell a fugitive criminal they will not be surrendered until after fifteen days and that the criminal may apply for habeas corpus; the Minister may order surrender by warrant after the fifteen days or after court decision or further period; persons named in the warrant may receive and convey the criminal. Any judge of the High Court may discharge a fugitive criminal committed to prison if the person is not surrendered and conveyed out of Uganda within two months after committal, or after an order of habeas corpus following the court's decision, provided an application is made by or for the criminal and reasonable notice has been given to the Minister. A magistrate's warrant issued under this Part may be executed in any part of Uganda as if it had been issued or endorsed locally.
02
How the instrument operates
- 01
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As at 31 Dec 2000. The date shown identifies this source expression and should not be treated as proof that no later change exists.
- 02
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- 03
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- 04
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03
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Defines terms used in the section: “accused person”, “conviction”/“convicted”, “fugitive criminal”, “magistrate”, and “warrant”.
Section 1
The Minister may, by statutory instrument, order that this Part applies to a country where an arrangement for surrender of fugitive criminals has been made, subject to conditions in the order.
Section 2
Magistrates may issue warrants for fugitive criminals either on a Minister's order with supporting evidence or on their own information/complaint and evidence; magistrates who issue warrants without the Minister's order must promptly re…
Section 9
An order, or a refusal to make an order of discharge under this section, is subject to appeal to the High Court.
Section 21
Defines “extradition crime” and gives the Minister the power to amend the Schedule by statutory instrument to insert, delete or alter offences.
Section 28
04
Source and current-law status
Source record view
Source record from ulii.org · As at 31 Dec 2000
The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.