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Law Revision (Penalties in Criminal Matters) (Miscellaneous Amendments) Act

Act 19 of 2021 Current version · as at 05 November 2021

An Act to amend the Penal Code Act and the Anti-Terrorism Act, 2002 to remove the mandatory death penalty prescribed by these laws and to restrict the death penalty to the most serious crimes under those laws; to remove the restriction on mitigation in the case of convictions that carry a death penalty; to define life imprisonment or imprisonment for life;

Enacted2021
Commenced5th November, 2021
Last amended—
Point-in-time consolidation · as at 05 November 2021. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act to amend the Penal Code Act and the Anti-Terrorism Act, 2002 to remove the mandatory death penalty prescribed by these laws and to restrict the death penalty to the most serious crimes under those laws; to remove the restriction on mitigation in the case of convictions that carry a death penalty; to define life imprisonment or imprisonment for life;

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 6 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Law Revision (Penalties in Criminal Matters) (Miscellaneous Amendments) Act

Commenced on 5th November, 2021

[This is the version of this document at 05 November 2021.]

An Act to amend the Penal Code Act and the Anti-Terrorism Act, 2002 to remove the mandatory death penalty prescribed by these laws and to restrict the death penalty to the most serious crimes under those laws; to remove the restriction on mitigation in the case of convictions that carry a death penalty; to define life imprisonment or imprisonment for life;

4. Treatment of life imprisonment or imprisonment

for life in any enactment

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 “Treatment of life imprisonment or imprisonment”.

“for life in any enactment”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Treatment of life imprisonment or imprisonment”, 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.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

6. Confirmation of death sentence

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
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 “Confirmation of death sentence”.

“Confirmation of death sentence”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Confirmation of death sentence”, 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.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

7. Commuting of death sentences

(MISCELLANEOUS AMENDMENTS) ACT, 2021.

An Act to amend the Penal Code Act and the Anti-Terrorism Act, 2002 to remove the mandatory death penalty prescribed by these laws and to restrict the death penalty to the most serious crimes under those laws; to remove the restriction on mitigation in the case of convictions that carry a death penalty; to define life imprisonment or imprisonment for life; and to provide for related matters.

Date of Assent: 4th April, 2019

Date of Commencement: 5th November, 2021

Be it enacted by Parliament as follows:

The Penal Code Act is amended-

(a)

in section 23 by substituting-

(i)

in subsection (1), for "shall" the words "is liable to";

(ii)

in subsection (2), for "shall" the words "is liable to";

(iii)

in subsection (3), for "shall", the words "is liable to".

(b)

by substituting for section 189 , the following- "189. Punishment for murder. A person convicted of murder is liable to suffer death."

(c)

in section 286 (2) by substituting for "sentenced to death" the words "liable to suffer death";

(d)

in section 286(4) by deleting the words "unless the offender is sentenced to death,";

(e)

in section 319 (2) by substituting for "sentenced to death" the words "liable to suffer death".

The Anti-Terrorism Act, 2002 is amended in section 7(1) by substituting in paragraph (a) for "sentenced" the word "liable".

The Trial on Indictments Act is amended in section 98 by repealing the words "other than a sentence of death".

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 “Commuting of death sentences”.

“(MISCELLANEOUS AMENDMENTS) ACT, 2021.”
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.

8
  1. (a) in section 23 by substituting-
  2. (i) in subsection (1), for "shall" the words "is liable to";
  3. (ii) in subsection (2), for "shall" the words "is liable to";
  4. (iii) in subsection (3), for "shall", the words "is liable to".
  5. (b) by substituting for section 189, the following- "189. Punishment for murder. A person convicted of murder is liable to suffer death."
  6. (c) in section 286 (2) by substituting for "sentenced to death" the words "liable to suffer death";
  7. (d) in section 286(4) by deleting the words "unless the offender is sentenced to death,";
  8. (e) in section 319 (2) by substituting for "sentenced to death" the words "liable to suffer death".
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
Anti-Terrorism Act Penal Code Act Trial on Indictments Act
Amendment notes

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

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

4. Treatment of life imprisonment or imprisonment for life in

any enactment. (1) For purposes of any enactment prescribing life imprisonment or imprisonment for life, life imprisonment or imprisonment for life means imprisonment for the natural life of a person without the possibility of being released.

(2)

Notwithstanding subsection (1), a person liable to imprisonment for life or life imprisonment may be sentenced for any shorter term of imprisonment not exceeding fifty years.

(3)

When sentencing a person under subsections (1) and (2), Court may order the minimum term of imprisonment a person liable to imprisonment for life or life imprisonment may serve before he or she may be considered for parole or the imprisonment of such a person may be reduced on account of remissions earned.

The court may only pass a sentence of death in exceptional circumstances where the alternative of imprisonment for life or other custodial sentence is demonstrably inadequate.

6. Confirmation of a sentence of death

(1)

Where court passes a sentence of death on any person, the registrar of that court shall, where the convicted person does not appeal the sentence within the prescribed time, transmit to the Supreme Court a copy of the judgment and proceedings of that court within thirty days after the conviction for confirmation.

(2)

The Supreme Court shall only confirm the sentence of death where it is satisfied that the circumstances of the case warrant the imposition of the death sentence.

(3)

The Supreme Court shall, where it doesn't confirm the sentence, impose an appropriate sentence or make any other orders as it deems fit.

(4)

Where the Supreme Court confirms the sentence of death, the registrar of the Supreme Court shall in accordance with article 121 (5) of the Constitution transmit to the Advisory Committee on the Prerogative of Mercy a written report of the case and its judgement.

(5)

The Advisory Committee on the Prerogative of Mercy shall, within six months from the date of referral, consider and advise the President on whether the sentence of death should be carried out.

(6)

The President may, acting on the advice of the Advisory Committee on the Prerogative of Mercy-

(a)

order for the carrying out of the sentence in the manner prescribed by court;

(b)

grant the convicted person a pardon, either free or subject to lawful conditions;

(c)

grant to the convicted person a respite, either for an indefinite or for a specified period, of the execution of any punishment imposed on that person for such an offence;

(d)

substitute a less severe form of punishment for any punishment imposed on that person for such an offence; or

(e)

remit the whole or any part of any punishment imposed on the convicted person for such an offence.

(7)

A sentence of death imposed by a court of judicature or a court or tribunal established under the Uganda People's Defense Forces Act, 2005 shall only be carried out after it has been confirmed by the highest appellate court and upon an order of the President issued under subsection (6) (a).

(8)

In this section and in any other enactment, a reference to the highest appellate court shall be taken to be a reference to the Supreme Court.

7. Commuting of sentences of death

(1)

A sentence of death confirmed by the Supreme Court may be carried out within three years of its confirmation.

(2)

Where a sentence of death confirmed by the Supreme Court is not carried out within three years, the sentence shall be deemed to have been commuted to imprisonment for life.

(3)

Where a death sentence is commuted to imprisonment for life, the convicted person shall be liable to imprisonment for fifty years.

(1)

The Chief Justice shall, in exercise of powers conferred upon him or her by article 133 (1) (b) of the Constitution, issue orders and directions to guide the sentencing powers of judicial officers.

(2)

The sentencing guidelines made under subsection (1) shall be laid before Parliament.

(3)

Without limiting the general effect of subsection (1), the sentencing guidelines shall-

(a)

set out the purpose for which offenders may be sentenced or dealt with;

(b)

provide principles and guidelines to be applied by courts in sentencing;

(c)

provide sentence ranges and other means of dealing with offenders;

(d)

provide a mechanism for considering the interests of victims of crime and the community when sentencing; and

(e)

provide a mechanism that will promote uniformity, consistency and transparency in sentencing.

Original Laws of Uganda consolidation (as at 05 November 2021) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.