Skip to content
Wakilii
Sign in Sign up free
Back to laws

Poor Persons Defence Act

Act 1998 No. 8 Act 8 of 1998 Current version · as at 31 December 2023

An Act to provide for the defence of poor persons committed for trial before the High Court.

Enacted1998
Commenced24 April 1998
Last amended—
Point-in-time consolidation · as at 31 December 2023. 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 provide for the defence of poor persons committed for trial before the High Court.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 5 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

Poor Persons Defence Act

Act 1998 No. 8

Commenced on 24 April 1998

[This is the version of this document at 31 December 2023.]

An Act to provide for the defence of poor persons committed for trial before the High Court.

1. Interpretation

In this Act, unless the context otherwise requires

"certifying officer" means a magistrate presiding over committal proceedings under section 168 of the Magistrates Courts Act, a judge of the High Court, the registrar of the High Court and a deputy or district registrar of the High Court;

"currency point" has the value assigned to it in the Schedule to this Act;

"Minister" means the Minister responsible for justice;

"prisoner" means a poor person committed for trial;

"trial judge" means a judge of the High Court.

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
Definition

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

“In this Act, unless the context otherwise requires "certifying officer" means a magistrate presiding over committal proceedings under section 168 of the Magistrates Courts Act, a judge of the High Court, the registrar of the High Court and a deputy or district registrar of the High Court;”
Primary legislation Source quotation matched
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.

4
  1. "currency point" has the value assigned to it in the Schedule to this Act;
  2. "Minister" means the Minister responsible for justice;
  3. "prisoner" means a poor person committed for trial;
  4. "trial judge" means a judge of the High Court.
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
Magistrates Courts 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

2. Provision of legal aid

Where it appears for any reason that it is desirable, in the interests of justice, that a prisoner should have legal aid in the preparation and conduct of his or her defence at his or her trial and that the means of the prisoner are insufficient to enable him or her to obtain such aid (a) a certifying officer, upon the committal of the prisoner for trial; or

(b)

a certifying officer at any time after reading the summary of the case submitted at the committal proceedings, may certify that the prisoner ought to have legal aid, and if an indictment is filed against the prisoner and it is possible to procure an advocate, the prisoner shall be entitled to have an advocate assigned to him or her.

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
Definition

This section supplies the definitions or statutory meaning governing “Provision of legal aid”.

“Where it appears for any reason that it is desirable, in the interests of justice, that a prisoner should have legal aid in the preparation and conduct of his or her defence at his or her trial and that the means of the prisoner are insufficient to enable him or her to obtain such aid (a) a certifying officer, upon the committal of the prisoner for trial; or”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Provision of legal aid”.

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

Operative requirements extracted from the consolidated text.

1
  1. (b) a certifying officer at any time after reading the summary of the case submitted at the committal proceedings, may certify that the prisoner ought to have legal aid, and if an indictment is filed against the prisoner and it is possible to procure an advocate, the prisoner shall be entitled to have an advocate assigned to him or her.
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

3. Remuneration of advocate

(1)

The remuneration of any advocate assigned under section 2 shall be payable from money provided by Parliament and shall be determined by the trial judge.

(2)

In determining the amount of remuneration, the trial judge shall have regard to the complexity of the case and to the duration of the trial proceedings.

(3)

The amount of remuneration to be determined under this section shall not exceed fifty currency points.

(4)

The Minister may, by statutory instrument, in consultation with the Chief Justice, vary the amount prescribed by subsection (3).

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 “Remuneration of advocate”.

“(1) The remuneration of any advocate assigned under section 2 shall be payable from money provided by Parliament and shall be determined by the trial judge.”
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.

4
  1. (1) The remuneration of any advocate assigned under section 2 shall be payable from money provided by Parliament and shall be determined by the trial judge.
  2. (2) In determining the amount of remuneration, the trial judge shall have regard to the complexity of the case and to the duration of the trial proceedings.
  3. (3) The amount of remuneration to be determined under this section shall not exceed fifty currency points.
  4. (4) The Minister may, by statutory instrument, in consultation with the Chief Justice, vary the amount prescribed by subsection (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
Section 2 · Provision of legal aid
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. Power to make rules

The Chief Justice may make rules (a) providing for the payment of travelling expenses, other than hotel expenses, incurred by an advocate and prescribing the terms and conditions subject to which the payments shall be made; and

(b)

generally for the better carrying out the purposes and provisions of this Act.

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 “Power to make rules”.

“The Chief Justice may make rules (a) providing for the payment of travelling expenses, other than hotel expenses, incurred by an advocate and prescribing the terms and conditions subject to which the payments shall be made; and”
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
  1. (b) generally for the better carrying out the purposes and provisions of this Act.
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

5. Power to amend Schedule

The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act Schedule (Sections 1 , 5 )

Currency point A currency point is equivalent to twenty thousand shillings.

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 “Power to amend Schedule”.

“The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act Schedule (Sections 1, 5)”
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
  1. The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act Schedule (Sections 1, 5)
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
Section 1 · Interpretation
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

Original Laws of Uganda consolidation (as at 31 December 2023) — 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.