Judicature (Legal Representation at the Expense of the State) Rules

1. Title

The text of this section isn't in the consolidation we hold — see the original PDF above.

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What this section does

Governing rule

This section states the governing statutory rule for “Title”.

“Title”

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Practical effect

Use this section as the starting statutory rule for “Title”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

2. Application of Rules

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What this section does

Scope rule

This section defines when and how “Application of Rules” applies.

“Application of Rules”

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Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

3. Objectives of Rules

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Section analysis Source-linked statutory analysis Source linked

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What this section does

Governing rule

This section states the governing statutory rule for “Objectives of Rules”.

“Objectives of Rules”

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Practical effect

Use this section as the starting statutory rule for “Objectives of Rules”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

4. Interpretation

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked

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What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“Interpretation”

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Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

1. Title

These Rules may be cited as the Judicature (Legal Representation at the Expense of the State) Rules, 2022.

2. Application of Rules

These Rules apply to representation for accused persons at the expense of the state for criminal offences which carry a sentence of death or imprisonment for life.

3. Objective of Rules

The objective of these Rules is to streamline the management of State funded legal representation in the administration of justice with specific emphasis on- (a) ensuring effective and efficient representation of accused persons entitled to legal representation at the expense of the State; (b) ensuring the expeditious, efficient and fair trial of accused persons; (c) ensuring the proper management and operation of State funded representation; (d) establishing a clear criterion for the selection and remuneration of advocates for State funded legal representation; and

(e)

ensuring that the interests of justice are met in cases which carry a sentence of death or imprisonment for life.

4. Interpretation

In these Rules, unless the context otherwise requires- "accused person" means a person charged with a criminal offence which carries a sentence of death or imprisonment for life; "advocate" means any person whose name is duly entered on the Roll of Advocates; "Committee: means the State Funded Legal Representation Implementation Committee established by rule 5; "court" means a court of judicature established by or under the authority of the Constitution; "legal representation" includes giving legal advice and providing legal representation to an accused person in person, counselling and all oral and written advocacy; "Registrar" means a registrar of the relevant court or an authorised officer of court exercising the functions of the registrar; "State appointed advocate" means an advocate appointed to represent an accused person under these Rules; "State funded legal representation" means the representation at the expense of the State; "working days" means Monday to Friday but does not include weekends or public holidays.

5. Establishment of the State Funded Legal Representation

Implementation Committee (1) There is established the State Funded Legal Representation Implementation Committee comprised of-

(a)

the Chief Registrar;

(b)

the Secretary to the Judiciary; (c) a representative of the Director of Public Prosecutions; (d) the Registrar, Supreme Court; (e) the Registrar, Court of Appeal; (f) the Registrar, High Court; (g) the Registrar, Magistrates Affairs and Data Management; (h) the President of the Uganda Law Society; (i) the Secretary Law Council; (j) a representative of civil society legal aid services providers appointed to the committee by the Chief Registrar; and (k) a practicing advocate nominated by the President of the Uganda Law Society.

(2)

The Chief Registrar shall be the chairperson of the Committee.

(3)

The Registrar of the High Court shall be the secretary to the Committee. (4) The Committee may co-opt technical experts to assist it with specialised issues as may be required by the Committee.

(5)

The Committee shall meet at least twice in each calendar year.

Section analysis Source-linked statutory analysis Source linked

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What this section does

Statutory power

This section confers or regulates the statutory power described as “Establishment of the State Funded Legal Representation”.

“Implementation Committee (1) There is established the State Funded Legal Representation Implementation Committee comprised of-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(a) the Chief Registrar;
(b) the Secretary to the Judiciary; (c) a representative of the Director of Public Prosecutions; (d) the Registrar, Supreme Court; (e) the Registrar, Court of Appeal; (f) the Registrar, High Court; (g) the Registrar, Magistrates Affairs and Data Management; (h) the President of the Uganda Law Society; (i) the Secretary Law Council; (j) a representative of civil society legal aid services providers appointed to the committee by the Chief Registrar; and (k) a practicing advocate nominated by the President of the Uganda Law Society.
(2) The Chief Registrar shall be the chairperson of the Committee.
(3) The Registrar of the High Court shall be the secretary to the Committee. (4) The Committee may co-opt technical experts to assist it with specialised issues as may be required by the Committee.
(5) The Committee shall meet at least twice in each calendar year.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

6. Functions of Committee

The functions of the Committee are- (a) to monitor the implementation of State funded legal representation of accused persons; (b) to receive and handle applications from advocates interested to be appointed to the Roll of State Appointed Advocates; (c) to determine and review the fees to be paid to advocates on the Roll of State Appointed Advocates under these Rules;

(d)

to handle and resolve complaints from stakeholders with a view of ensuring discipline and ethical values in the management of the State funded legal representation; and (e) to handle any other matters that may arise, for the effective implementation of these Rules.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Functions of Committee”.

“The functions of the Committee are- (a) to monitor the implementation of State funded legal representation of accused persons; (b) to receive and handle applications from advocates interested to be appointed to the Roll of State Appointed Advocates; (c) to determine and review the fees to be paid to advocates on the Roll of State Appointed Advocates under these Rules;”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(d) to handle and resolve complaints from stakeholders with a view of ensuring discipline and ethical values in the management of the State funded legal representation; and (e) to handle any other matters that may arise, for the effective implementation of these Rules.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

7. Advocates eligible for State funded legal representation

instructions (1) The Chief Registrar shall maintain a Roll of State Appointed Advocates to represent accused persons under State funded legal representation.

(2)

The Roll of State Appointed Advocates shall comprise advocates willing and able to conduct matters before all courts.

(3)

The Chief Registrar shall, at the beginning of every calendar year, issue through the Uganda Law Society, notices of expression of interest for advocates to be appointed to the Roll of State Appointed Advocates.

(4)

An advocate interested to be admitted to the Roll of State Appointed Advocates shall, within fourteen days from the date of the notice under subrule (1) express his or her interest in writing to the Chief Registrar, in Form 1 set out in Schedule 1 to these Rules.

(5)

The Chief Registrar shall, annually, issue a list of State appointed advocates to all courts.

Section analysis Source-linked statutory analysis Source linked

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What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Advocates eligible for State funded legal representation”.

“instructions (1) The Chief Registrar shall maintain a Roll of State Appointed Advocates to represent accused persons under State funded legal representation.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(2) The Roll of State Appointed Advocates shall comprise advocates willing and able to conduct matters before all courts.
(3) The Chief Registrar shall, at the beginning of every calendar year, issue through the Uganda Law Society, notices of expression of interest for advocates to be appointed to the Roll of State Appointed Advocates.
(4) An advocate interested to be admitted to the Roll of State Appointed Advocates shall, within fourteen days from the date of the notice under subrule (1) express his or her interest in writing to the Chief Registrar, in Form 1 set out in Schedule 1 to these Rules.
(5) The Chief Registrar shall, annually, issue a list of State appointed advocates to all courts.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

8. Qualification for admission to the Roll of State Appointed

Advocates An advocate is eligible to be admitted on the Roll of State Appointed Advocates who has-

(a)

in relation to legal practice, experience of at least-

(i)

one year; for cases triable by a Magistrates Court;

(ii)

two years; for cases triable by the High Court; and

(iii)

five years; for cases in the Court of Appeal and Supreme Court; (b) no record of previous professional misconduct or disciplinary action.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Governing rule

This section states the governing statutory rule for “Qualification for admission to the Roll of State Appointed”.

“Advocates An advocate is eligible to be admitted on the Roll of State Appointed Advocates who has-”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Qualification for admission to the Roll of State Appointed”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(a) in relation to legal practice, experience of at least-
(i) one year; for cases triable by a Magistrates Court;
(ii) two years; for cases triable by the High Court; and
(iii) five years; for cases in the Court of Appeal and Supreme Court; (b) no record of previous professional misconduct or disciplinary action.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

9. Appointment of advocate not on the Roll of State Appointed

Advocates (1) A Registrar or Chief Magistrate may appoint an advocate who is not on the Roll of State Appointed Advocates to represent an accused person only in the following circumstances- (a) where an advocate agrees to act in accordance with these Rules and is acting pro bono pursuant to the Advocates (Pro Bono Services to Indigent Persons) Regulations, 2009; or (b) where a Judge, Registrar or Chief Magistrate considers that it is in the interest of justice to do so, and the accused person consents to the representation.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Appointment of advocate not on the Roll of State Appointed”.

“Advocates (1) A Registrar or Chief Magistrate may appoint an advocate who is not on the Roll of State Appointed Advocates to represent an accused person only in the following circumstances- (a) where an advocate agrees to act in accordance with these Rules and is acting pro bono pursuant to the Advocates (Pro Bono Services to Indigent Persons) Regulations, 2009; or (b) where a Judge, Registrar or Chief Magistrate considers that it is in the interest of justice to do so, and the accused person consents to the…”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Advocates (1) A Registrar or Chief Magistrate may appoint an advocate who is not on the Roll of State Appointed Advocates to represent an accused person only in the following circumstances- (a) where an advocate agrees to act in accordance with these Rules and is acting pro bono pursuant to the Advocates (Pro Bono Services to Indigent Persons) Regulations, 2009; or (b) where a Judge, Registrar or Chief Magistrate considers that it is in the interest of justice to do so, and the accused person consents to the representation.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

10. Removal from the Roll of State Appointed Advocates The Committee may remove

an advocate from the Roll of State Appointed Advocates where the advocate (a) is found guilty of professional misconduct by the Law Council; (b) has been disbarred from legal practice;

(c)

has been reported by the Court or other stakeholders to have exhibited unethical and unprofessional conduct in handling State funded legal representation matters;

(d)

is found to be incompetent; or (e) is unable to perform the functions of his or her office arising from infirmity of body or mind.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Removal from the Roll of State Appointed Advocates The Committee may remove”.

“an advocate from the Roll of State Appointed Advocates where the advocate (a) is found guilty of professional misconduct by the Law Council; (b) has been disbarred from legal practice;”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(c) has been reported by the Court or other stakeholders to have exhibited unethical and unprofessional conduct in handling State funded legal representation matters;
(d) is found to be incompetent; or (e) is unable to perform the functions of his or her office arising from infirmity of body or mind.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

11. Entitlement to legal representation by State Appointed Advocate The circumstances under which

the court shall appoint an advocate under the State funded legal representation shall be those provided under Article 28(3)(e) of the Constitution

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Entitlement to legal representation by State Appointed Advocate The circumstances under which”.

“the court shall appoint an advocate under the State funded legal representation shall be those provided under Article 28(3)(e) of the Constitution”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

the court shall appoint an advocate under the State funded legal representation shall be those provided under Article 28(3)(e) of the Constitution

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

12. Appointment of advocate to represent accused person

(1)

A Registrar or Chief Magistrate may, as soon as a determination has been made that an accused person satisfies the criteria for State funded legal representation, appoint any advocate on the Roll of State Appointed Advocates to act for an accused, taking into consideration the following- (a) the geographical location of the advocate; (b) the experience of the advocate; (c) the seriousness and complexity of the case; and

(d)

the need to ensure efficiency and minimise costs.

(2)

The Registrar or Chief Magistrate shall, within fourteen days before the commencement of trial or opening of a session, notify all advocates on the Roll of State Appointed Advocates in their area of jurisdiction of the upcoming criminal trial or session and request the advocates to express interest in being appointed under these Rules, within two days from the date of notification.

(3)

The Registrar or Chief Magistrate shall, at least ten days before the commencement of trial or opening of a session, invite in writing an advocate who expressed interest under subrule (2) to represent a particular accused person.

(4)

An advocate invited under subrule (3) shall, within two days from the date of the invitation- (a) accept instructions, by lodging with the court a notice in Form 2 set out in Schedule 1 to these Rules, confirming his or her acceptance of the instructions.; or

(b)

decline instructions by lodging with the court a notice in Form 3 set out in Schedule 1 to these Rules notifying the refusal.

(5)

An advocate shall only refuse instructions in accordance with the Advocates (Professional Conduct) Regulations and the court shall, within two days of receipt of the notice of refusal, appoint another advocate on the Roll of State Appointed Advocates to represent the accused person.

(6)

Where more advocates express interest than required for a particular session, the Registrar or Chief Magistrate shall judiciously exercise his or her discretion in appointing the advocates.

(7)

The Court shall at all times consider the interest of an accused person when cause-listing hearings.

(8)

A Registrar or Chief Magistrate shall, in appointing advocates under these Rules, use a rotational basis to ensure that every advocate on the Roll of State appointed Advocates is given an opportunity to represent an accused person.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Jurisdictional rule

This section establishes the jurisdictional rule for “Appointment of advocate to represent accused person”.

“(1) A Registrar or Chief Magistrate may, as soon as a determination has been made that an accused person satisfies the criteria for State funded legal representation, appoint any advocate on the Roll of State Appointed Advocates to act for an accused, taking into consideration the following- (a) the geographical location of the advocate; (b) the experience of the advocate; (c) the seriousness and complexity of the case; and”

Primary legislation Source quotation matched

Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

10

(1) A Registrar or Chief Magistrate may, as soon as a determination has been made that an accused person satisfies the criteria for State funded legal representation, appoint any advocate on the Roll of State Appointed Advocates to act for an accused, taking into consideration the following- (a) the geographical location of the advocate; (b) the experience of the advocate; (c) the seriousness and complexity of the case; and
(d) the need to ensure efficiency and minimise costs.
(2) The Registrar or Chief Magistrate shall, within fourteen days before the commencement of trial or opening of a session, notify all advocates on the Roll of State Appointed Advocates in their area of jurisdiction of the upcoming criminal trial or session and request the advocates to express interest in being appointed under these Rules, within two days from the date of notification.
(3) The Registrar or Chief Magistrate shall, at least ten days before the commencement of trial or opening of a session, invite in writing an advocate who expressed interest under subrule (2) to represent a particular accused person.
(4) An advocate invited under subrule (3) shall, within two days from the date of the invitation- (a) accept instructions, by lodging with the court a notice in Form 2 set out in Schedule 1 to these Rules, confirming his or her acceptance of the instructions.; or
(b) decline instructions by lodging with the court a notice in Form 3 set out in Schedule 1 to these Rules notifying the refusal.
(5) An advocate shall only refuse instructions in accordance with the Advocates (Professional Conduct) Regulations and the court shall, within two days of receipt of the notice of refusal, appoint another advocate on the Roll of State Appointed Advocates to represent the accused person.
(6) Where more advocates express interest than required for a particular session, the Registrar or Chief Magistrate shall judiciously exercise his or her discretion in appointing the advocates.

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

13. Duties of State appointed advocate

(1)

An advocate appointed to represent an accused person under the State funded legal representation shall provide legal representation to the accused person.

(2)

A State appointed advocate shall at all times comply with all applicable laws, rules and regulations.

(3)

A State appointed advocate shall sign the undertaking set out in Form 4 set out in Schedule 1 to these Rules prior to admission to the Roll of State Appointed Advocates.

(4)

A State appointed advocate shall-

(a)

meet with the accused person to provide legal advice and counselling;

(b)

provide written confirmation to court that he or she has met with the accused person, within two working days after the meeting; and

(c)

submit to the court a certificate of trial readiness within five working days before the hearing in the form set out in Schedule 2 to these Rules.

(5)

The certificate of trial readiness shall be completed by the prosecutor and the defence advocate.

(6)

A Judge or Chief Magistrate may, upon receipt of the certificate of trial readiness and being satisfied that the case is ready for trial, fix the case for trial.

(7)

An advocate appointed under the State funded legal representation shall appear before the court for every hearing involving the accused person unless written notice is provided to the court that the advocate is unavailable for a hearing and the court grants leave for the advocate not to attend.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Duties of State appointed advocate”.

“(1) An advocate appointed to represent an accused person under the State funded legal representation shall provide legal representation to the accused person.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

10

(1) An advocate appointed to represent an accused person under the State funded legal representation shall provide legal representation to the accused person.
(2) A State appointed advocate shall at all times comply with all applicable laws, rules and regulations.
(3) A State appointed advocate shall sign the undertaking set out in Form 4 set out in Schedule 1 to these Rules prior to admission to the Roll of State Appointed Advocates.
(4) A State appointed advocate shall-
(a) meet with the accused person to provide legal advice and counselling;
(b) provide written confirmation to court that he or she has met with the accused person, within two working days after the meeting; and
(c) submit to the court a certificate of trial readiness within five working days before the hearing in the form set out in Schedule 2 to these Rules.
(5) The certificate of trial readiness shall be completed by the prosecutor and the defence advocate.

2 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

14. First hearing

The court shall, at the first hearing, confirm whether (a) the accused person is entitled to State funded legal representation; (b) the accused has accepted or rejected State funded legal representation;

(c)

the accused person has legal representation; and (d) a certificate of trial readiness has been submitted to the court by the advocate as required under rule 13 (4) (c).

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “First hearing”.

“The court shall, at the first hearing, confirm whether (a) the accused person is entitled to State funded legal representation; (b) the accused has accepted or rejected State funded legal representation;”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(c) the accused person has legal representation; and (d) a certificate of trial readiness has been submitted to the court by the advocate as required under rule 13 (4) (c).

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

15. Ethical considerations

(1)

Where an advocate appointed under these Rules is required under the Advocates (Professional Conduct) Regulations or by operation of statute to withdraw from a case, that advocate shall inform the Judge, Registrar or Chief Magistrate hearing the case.

(2)

Where an advocate withdraws under subrule (1), the Registrar or Chief Magistrate shall appoint another advocate on the Roll of State Appointed Advocates to represent the accused person.

(3)

An advocate shall not be required to represent more than one accused person where that advocate is of the view that to do so would cause a conflict of interest between the accused persons.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Ethical considerations”.

“(1) Where an advocate appointed under these Rules is required under the Advocates (Professional Conduct) Regulations or by operation of statute to withdraw from a case, that advocate shall inform the Judge, Registrar or Chief Magistrate hearing the case.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) Where an advocate appointed under these Rules is required under the Advocates (Professional Conduct) Regulations or by operation of statute to withdraw from a case, that advocate shall inform the Judge, Registrar or Chief Magistrate hearing the case.
(2) Where an advocate withdraws under subrule (1), the Registrar or Chief Magistrate shall appoint another advocate on the Roll of State Appointed Advocates to represent the accused person.
(3) An advocate shall not be required to represent more than one accused person where that advocate is of the view that to do so would cause a conflict of interest between the accused persons.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

16. Duration of appointment

(1)

Upon appointment to represent an accused person, an advocate shall remain appointed for the pre-trial period, the trial and, where practicable, at all stages of post-conviction, including appeal, revision and review of court decisions, unless the convict objects to the representation.

(2)

An advocate appointed under the State funded legal representation may be permitted by court to withdraw from a case where it is clear that the complexity and seriousness of the case requires alternative legal representation or for any other reason as the court may deem appropriate.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Duration of appointment”.

“(1) Upon appointment to represent an accused person, an advocate shall remain appointed for the pre-trial period, the trial and, where practicable, at all stages of post-conviction, including appeal, revision and review of court decisions, unless the convict objects to the representation.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Upon appointment to represent an accused person, an advocate shall remain appointed for the pre-trial period, the trial and, where practicable, at all stages of post-conviction, including appeal, revision and review of court decisions, unless the convict objects to the representation.
(2) An advocate appointed under the State funded legal representation may be permitted by court to withdraw from a case where it is clear that the complexity and seriousness of the case requires alternative legal representation or for any other reason as the court may deem appropriate.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

17. Remuneration

(1)

An advocate appointed for State funded legal representation shall be paid such fair and proper fees as assessed by the court in accordance with the fees set out in Schedule 3 to these Rules.

(2)

An advocate acting pursuant to the Advocates (Pro Bono Services to Indigent Persons) Regulations, 2009 shall not be entitled to remuneration under these Rules.

(3)

For the avoidance of doubt, where a State appointed advocate represents a person on appeal, review or revision, the advocate shall be paid fees for the appeal separately, in accordance with Schedule 3 to these Rules.

(4)

All remuneration paid under these Rules shall include disbursement costs.

(5)

Fees shall be paid to an advocate no later than seven working days following the conclusion of the trial or appeal.

(6)

Any dispute concerning the remuneration payable to an advocate shall be communicated in writing to the Chief Registrar within seven working days after payment and the Chief Registrar shall forward the dispute to the Committee within seven days from the date of receipt of the dispute for consideration and disposal.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Remuneration”.

“(1) An advocate appointed for State funded legal representation shall be paid such fair and proper fees as assessed by the court in accordance with the fees set out in Schedule 3 to these Rules.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) An advocate appointed for State funded legal representation shall be paid such fair and proper fees as assessed by the court in accordance with the fees set out in Schedule 3 to these Rules.
(2) An advocate acting pursuant to the Advocates (Pro Bono Services to Indigent Persons) Regulations, 2009 shall not be entitled to remuneration under these Rules.
(3) For the avoidance of doubt, where a State appointed advocate represents a person on appeal, review or revision, the advocate shall be paid fees for the appeal separately, in accordance with Schedule 3 to these Rules.
(4) All remuneration paid under these Rules shall include disbursement costs.
(5) Fees shall be paid to an advocate no later than seven working days following the conclusion of the trial or appeal.
(6) Any dispute concerning the remuneration payable to an advocate shall be communicated in writing to the Chief Registrar within seven working days after payment and the Chief Registrar shall forward the dispute to the Committee within seven days from the date of receipt of the dispute for consideration and disposal.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

18. Legal representation on appeal

(1)

Where an accused person is sentenced to life imprisonment or death or where the Director of Pubic Prosecutions appeals against sentence, the convict is entitled to representation by a State appointed advocate.

(2)

Where a convict appeals, the trial advocate may continue to represent him or her unless the advocate is unable to continue for good reason or where the convict objects to the representation.

(3)

Where the trial advocate is unable to represent the convict on appeal, the Registrar shall, within fourten days appoint another advocate from the Roll of State Appointed Advocates to represent the accused person.

(4)

The Registrar or Chief Magistrate shall schedule a presession meeting regarding the appeal between the Judge, prosecutor, State appointed advocate and the convicted person.

(5)

The remuneration due to a State appointed advocate on appeal shall be as set out in Schedule 3 to these Rules.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Procedural rule

This section establishes the governing procedure for “Legal representation on appeal”.

“(1) Where an accused person is sentenced to life imprisonment or death or where the Director of Pubic Prosecutions appeals against sentence, the convict is entitled to representation by a State appointed advocate.”

Primary legislation Source quotation matched

Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) Where an accused person is sentenced to life imprisonment or death or where the Director of Pubic Prosecutions appeals against sentence, the convict is entitled to representation by a State appointed advocate.
(2) Where a convict appeals, the trial advocate may continue to represent him or her unless the advocate is unable to continue for good reason or where the convict objects to the representation.
(3) Where the trial advocate is unable to represent the convict on appeal, the Registrar shall, within fourten days appoint another advocate from the Roll of State Appointed Advocates to represent the accused person.
(4) The Registrar or Chief Magistrate shall schedule a presession meeting regarding the appeal between the Judge, prosecutor, State appointed advocate and the convicted person.
(5) The remuneration due to a State appointed advocate on appeal shall be as set out in Schedule 3 to these Rules.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

19. Monitoring and evaluation

(1)

The Registrar or Chief Magistrate shall issue a feedback form to be completed by all accused persons represented by State appointed advocates as prescribed in the form set out in Schedule 4 to these Rules.

(2)

A State Appointed Advocate shall, within seven days after the conclusion of a session, complete and submit to the Registrar, the feedback form set out in Schedule 5 to these Rules.

(3)

Any adverse feedback or complaints about an advocate shall be made to the Chief Registrar.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Monitoring and evaluation”.

“(1) The Registrar or Chief Magistrate shall issue a feedback form to be completed by all accused persons represented by State appointed advocates as prescribed in the form set out in Schedule 4 to these Rules.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) The Registrar or Chief Magistrate shall issue a feedback form to be completed by all accused persons represented by State appointed advocates as prescribed in the form set out in Schedule 4 to these Rules.
(2) A State Appointed Advocate shall, within seven days after the conclusion of a session, complete and submit to the Registrar, the feedback form set out in Schedule 5 to these Rules.
(3) Any adverse feedback or complaints about an advocate shall be made to the Chief Registrar.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

20. Reports by advocates

An advocate who represents an accused person under these Rules shall, at the end of the trial, complete the report in the form set out in Schedule 6 to these Rules and submit it to the Registrar SCHEDULE 1 Rule 7 (4), 12 (4) & 13 (3)

FORMS

FORM 1 THE REPUBLIC OF UGANDA

EXPRESSION OF INTEREST TO BE ENTERED ON THE ROLL OF STATE APPOINTED ADVOCATES.

I,………………………………………………………………………… …. of M/s …………………….…………………….…………………… Advocates do hereby express interest to be entered on the Roll of State Appointed Advocates for the year…………… in the High Court Circuit of ………………….……….. or Magisterial Area of …………………………………………….

I enclose my curriculum vitae and relevant documentation.

This ………………. day of …………………. 20………

Signed

…………………………………………. Advocate.

FORM 2

ACCEPTANCE OF INSTRUCTIONS Rules 12(4)(a)

THE REPUBLIC OF UGANDA

IN THE ……………………… COURT OF UGANDA AT ……………… CRIMINAL CASE NO. ……... OF …….

UGANDA

versus

…………………….…………………………………

NOTICE OF ACCEPTANCE OF INSTRUCTIONS

TAKE NOTICE that …………………………... of ………………. (firm, address, including physical and email) has accepted instructions to represent ………………………. (name of accused person (s)) as a State appointed advocate in respect of the above-mentioned criminal case.

All court process in respect of the case should be sent to the physical and email address.

DATED at ……………………. this ……… day of ………………… 20….

…………………………………. State Appointed Advocate

LODGED at the Registry of the ………………at …………this ……… day of ……………….… 20….

…………………………………. Registrar/Chief Magistrate

FORM 3

REFUSAL OF INSTRUCTIONS Rule 12(4)(b) THE REPUBLIC OF UGANDA

IN THE …………………… COURT OF UGANDA AT ……………… CRIMINAL CASE NO. ……. OF ……. UGANDA versus

……………………………………………………………

NOTICE OF REFUSAL OF INSTRUCTIONS

TAKE NOTICE that …………………………… of ……………………. (firm and address, including physical and email) has declined instructions to represent …………………………………………………………………. (name of accused person (s)) as a State appointed advocate in respect of the above-mentioned criminal case.

The instructions are declined on the following grounds …………………… ……………………………………………………………………………… ……………………………………………………………………………… ……………………………………………………………………………… (indicate grounds in line with professional rules and regulations).

DATED at ………………. this ……… of ……………………… 20….

…………………………………………. State Appointed Advocate

LODGED at the Registry of the ………………. this ……………day of ………… 20….

………………………………………………. Registrar/ Chief Magistrate

FORM 4

UNDERTAKING Rule 13 (3)

I, ……………………….….…… (name of advocate), hereby accept my admission to the Roll of State Appointed Advocates and agree to comply at all times with the following conditions-

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Reports by advocates”.

“An advocate who represents an accused person under these Rules shall, at the end of the trial, complete the report in the form set out in Schedule 6 to these Rules and submit it to the Registrar SCHEDULE 1 Rule 7 (4), 12 (4) & 13 (3)”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

An advocate who represents an accused person under these Rules shall, at the end of the trial, complete the report in the form set out in Schedule 6 to these Rules and submit it to the Registrar SCHEDULE 1 Rule 7 (4), 12 (4) & 13 (3)

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

1. I will comply at all times

with the Judicature (Legal Representation at Expense of the State) Rules

2. I will act at all times in the interests of justice

the accused person and the court

3. I will provide the services set

out in the Judicature (Legal Representation at Expense of the State) Rules, 2022 within the prescribed time DATED at …………………. this ……… day of …………………… 20….

…………………………………………. State Appointed Advocate

SCHEDULE 2

Rule 13 (4) (c)

CERTIFICATE OF TRIAL READINESS

IN THE ………… COURT OF UGANDA HOLDEN AT ……………

Case No. ………………………………

UGANDA

Versus

……………………….……………………………..

The date of trial is: ………………….

The time estimate is: ………………….

Issue Yes No N/A Details

DEFENCE

1. The defence is in effective contact

with the accused person

2. Have all the exhibits (if any) been

retrieved from the Experts

3. Will the accused person maintain a

plea of not guilty?

4. Have alternate pleas or plea

bargaining been considered?

5. Has all defence evidence to be relied

on been obtained?

6. Has all disclosure been received?

The text of this section isn't in the consolidation we hold — see the original PDF above.

7. Have the directions of the court been

complied with?

Issue Yes No N/A Details

8. Have any witness summons been

served?

9. Have you notified the court of any

interpreter requirements?

10. Is the case ready to proceed without delay before the court?

I certify the accused person's case to be trial ready

Signed: Dated: PROSECUTION

1. Has all evidence to be relied on at

trial been served?

2. Has all disclosure been provided?

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Have the directions of the court been

complied with?

4. Have any witness summons been

served?

5. Is the prosecution in effective

communication with the victims, complainants and witnesses required for trial?

6. Have the witnesses acknowledged

that they will attend trial?

7. Is the case ready to proceed without

delay before the court?

I certify the prosecution to be trial ready

Issue Yes No N/A Details

Signed: Dated:

ADDITIONAL INFORMATION FOR THE COURT:

SCHEDULE 3 Rule 17 (1), & (3) and 18 (5)

REMUNERATION OF ADVOCATES

No. HEARING FEE (UG SHS)

1 Full trial 400,000 - 1,100,000

2 Nolle prosequi 200,000 - 400,000

3 No case to answer 300,000 - 750,000

4 Plea bargain 250,000 - 500,000

5 Appeals 350,000 - 750,000

SCHEDULE 4 Rule 19(1)

THE REPUBLIC OF UGANDA

FEEDBACK FORM

IN THE …………………… COURT OF UGANDA AT ……………… CRIMINAL CASE NO. ……………. OF ……………. UGANDA versus …………………………………………………

FEEDBACK FROM ACCUSED PERSON

1. Name of accused person: …………………………………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Offence charged with: ………………………………………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Name of advocate assigned to represent

accused person in the matter ………………………………………………………………………

4. Court decision in the case: …………………………………(e.g

sentence, acquittal)

FEEDBACK ON ADVOCATE'S LEGAL REPRESENTATION:

1. Availability of counsel: ………………………………………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Attendance of court hearings: ………………………………………… ………………………………………………………………………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Presentation of case (e.g., examining witnesses): ………………………

……………………………………………………………………… ………………………………………………………………… ………………………………………………………………..

4. General satisfaction with advocate's representation: …………………

……………………………………………………………………

…………………………………………………………………… ……………………………………………………………………… ……………………………………………………………………… ……………………………………………………………………

COMPLETED at ……… this………. day of …………………. 20….

…………………………….. Accused Person

RETURNED to the Court this …………… day of …………………. 20….

………………………………… Registrar/Chief Magistrate

SCHEDULE 5 Rule 19(4)

To:

The Registrar, High Court Judiciary Headquarters Kampala

FEEDBACK FROM STATE APPOINTED ADVOCATE

1. Number of cases handled during the session…………………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

2. Duration of Session: From ………………… to ...…………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Name of presiding Judicial officer(s) ………………………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

4. Court where Session was conducted …………………………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

5. Organisation/management of the session: (e.g. duration

of the session duration of daily hearings, daily opening and closing of hearings, involvement of stakeholders, pre-session meetings, the relationship between the advocates, prosecutors and court, etc) ……..................................................................................................... .............................................................................................................. .............................................................................................................. ...............................................................................................................

6. Preparedness of State Counsel (e.g., availability

of witnesses, exhibits readiness of submissions within timelines, session time management, etc): ……………………………………………………………… ……………………………………………………………………… ……………………………………………………………………… ……………………………………………………………………

7. Facilitation and remuneration of counsel (e.g.

fairness of the assessment, timeliness of payment and any challenges in accessing payment, etc): ………………………………………………………

……………………………………………………………………… ……………………………………………………………………… ……………………………………………………………………… ………………………………………………………………………

8. Timely access to facilities and services

(such as the cause-list, case records, accused person(s), court notices, witness summons, rulings, judgment, certifications, etc)

……………………………………………………………………… ……………………………………………………………………… ……………………………………………………………………… ………………………………………………………………………

9. General recommendations for better management of

future sessions ……………………………………………………………………… ……………………………………………………………………… ……………………………………………………………………… ………………………………………………………………………

COMPLETED at ……… this………. day of …………………. 20……..

………………………………………….. State Appointed Advocate

SCHEDULE 6 Rule 20 THE REPUBLIC OF UGANDA

IN THE ………………… COURT OF UGANDA AT ………………

CRIMINAL CASE NO. ……………. OF …………….

UGANDA

versus

…………………………………………………

ADVOCATE'S REPORT

1. Criminal Case

(Criminal Case No and names of accused person)

2. Date of commencement

and conclusion of case.

3. Number of attendances

during the case

(Including at court hearing and to accused person while in detention)

4. Summary of proceedings

and legal representation afforded to accused person.

5. Result in the criminal case

6 Any post-conviction reliefs sought (Such as appeal, bail, Ministers Order, etc)

DATED at …………………. this ……… day of …………………… 20….

…………………………………. State Appointed Advocate

ENDORSED this ……… day of ……………………… 20….

…………………………………. Officer in Charge of Prison

SUBMITTED to the Registrar of the Court this ……… day of ……………… 20….

…………………………………. Registrar/Chief Magistrate

………………………….…………………… ALFONSE CHIGAMOY OWINY- DOLLO Chief Justice

Cross References Advocates (Pro Bono Services to Indigent Persons) Regulations, 2009, S. I. 39 of 2009 Advocates (Professional Conduct) Regulations, S. I. 267-2 Constitution Magistrates' Courts Act, Cap. 16 Poor Persons Defence Act, Cap. 20 Trial on Indictments Act, Cap. 23

About this Act

Full text of the Act

Part I

1. Title

2. Application of Rules

3. Objectives of Rules

4. Interpretation

Part I

1. Title

2. Application of Rules

3. Objective of Rules

4. Interpretation

Part II

5. Establishment of the State Funded Legal Representation

6. Functions of Committee

Part III

7. Advocates eligible for State funded legal representation

8. Qualification for admission to the Roll of State Appointed

9. Appointment of advocate not on the Roll of State Appointed

10. Removal from the Roll of State Appointed Advocates The Committee may remove

Part IV

11. Entitlement to legal representation by State Appointed Advocate The circumstances under which

12. Appointment of advocate to represent accused person

13. Duties of State appointed advocate

14. First hearing

15. Ethical considerations

16. Duration of appointment

17. Remuneration

18. Legal representation on appeal

19. Monitoring and evaluation

20. Reports by advocates

1. I will comply at all times

2. I will act at all times in the interests of justice

3. I will provide the services set

1. The defence is in effective contact

2. Have all the exhibits (if any) been

3. Will the accused person maintain a

4. Have alternate pleas or plea

5. Has all defence evidence to be relied

6. Has all disclosure been received?

7. Have the directions of the court been

8. Have any witness summons been

9. Have you notified the court of any

10. Is the case ready to proceed without delay before the court?

1. Has all evidence to be relied on at

2. Has all disclosure been provided?

3. Have the directions of the court been

4. Have any witness summons been

5. Is the prosecution in effective

6. Have the witnesses acknowledged

7. Is the case ready to proceed without

1. Name of accused person: …………………………………………

2. Offence charged with: ………………………………………………

3. Name of advocate assigned to represent

4. Court decision in the case: …………………………………(e.g

1. Availability of counsel: ………………………………………………

2. Attendance of court hearings: ………………………………………… ………………………………………………………………………………

3. Presentation of case (e.g., examining witnesses): ………………………

4. General satisfaction with advocate's representation: …………………

1. Number of cases handled during the session…………………………

2. Duration of Session: From ………………… to ...…………………

3. Name of presiding Judicial officer(s) ………………………………

4. Court where Session was conducted …………………………………

5. Organisation/management of the session: (e.g. duration

6. Preparedness of State Counsel (e.g., availability

7. Facilitation and remuneration of counsel (e.g.

8. Timely access to facilities and services

9. General recommendations for better management of

1. Criminal Case

2. Date of commencement

3. Number of attendances

4. Summary of proceedings

5. Result in the criminal case