Uganda Police Force UPF Code of Conduct

By | May 30, 2022

Uganda Police Force UPF Code of Conduct

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CHAPTER 303

THE POLICE ACT.

Arrangement of Sections.

Section

PART I—INTERPRETATION.

1.Interpretation.

PART II—ESTABLISHMENT AND FUNCTIONS.

2.Establishment of the force.

3.Composition of the force.

4.Functions of the force.

PART III—FORCE COMMAND.

5.Inspector general and deputy inspector general.

6.General powers of the inspector general to make standing orders.

7.Regional and district force command.

8.Establishment, composition and meetings of the police authority.

9.Functions of the police authority.

10.Police council.

11.Functions of the police council.

12.District police committees, their functions and composition.

PART IV—APPOINTMENTS, PROMOTIONS, RECRUITMENT, SERVICE AND

DISCHARGE OR TERMINATION OF APPOINTMENTS.

13.Delegation by the President of power of appointment under the Constitution.

14.Procedure and form of application.

15.Retirement.

16.Service in the force on contract.

17.Resignation by police officers.

18.Oath on appointment.

19.Conditions on termination of service.

20.Employment of civilians.

PART V—POWERS, DUTIES AND PRIVILEGES OF POLICE OFFICERS.

21.General powers and duties of a police officer.

22.Power to regulate traffic.

23.Arrest without a warrant.

24.Arrest as preventive action.

25.Disposal of a person arrested by a police officer.

26.Power of detention and search by a police officer.

27.Search by police officers.

28.Use of arms by police officers in special cases.

29.Seizure and retention of property by police.

30.Power to take photographs of accused or convicted persons.

31.Power to institute criminal proceedings.

32.Power to regulate assemblies and processions.

33.Power to stop and to order to disperse assemblies and processions unlawfully convened.

34.Unlawful assemblies.

35.Gazetted areas.

36.Dispersal of assembly after it has been ordered to be terminated.

37.Penalty for taking part in an unauthorised procession or assembly.

38.No fee on bail bonds taken by police.

39.Power to inspect licences.

40.Use of public address system.

41.Disposal of property in possession of a police officer.

42.Disposal of unclaimed property.

43.No liability for action done under authority of a warrant.

PART VI—DISCIPLINE.

44.Establishment of the police disciplinary code of conduct.

45.Persons subject to the code.

46.Disciplinary control of police officers.

47.Dismissal of police officers.

48.Recommendation for dismissal of police officers.

49.Establishment of a police disciplinary court and protection of members from legal proceedings.

50.Categories of police disciplinary courts.

51.Establishment and composition of a police council appeals court.

52.Establishment and composition of regional police courts.

53.Establishment and composition of subordinate police courts.

54.Decisions of the police appellate courts.

55.Appeals.

56.Arrest for disciplinary offences.

57.Place of confinement of offenders.

58.Criminal proceedings take precedence over disciplinary proceedings.

59.Penalty and definition of desertion.

PART VII—POLICE WELFARE.

60.Police Welfare Fund.

61.Disposal of deceased’s estate.

62.Police pension scheme, etc.

63.Police tender board.

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PART VIII—SPECIAL CONSTABLES, POLICE RESERVES AND LOCAL

ADMINISTRATION POLICE.

64.Power to appoint special constables.

65.Responsibilities of special constables.

66.Police reserve.

67.Local administration police force.

PART IX—GENERAL.

68.Giving false information to the police.

69.Harbouring police officers on duty.

70.Complaints by the public against police officers.

71.Employment of police officers on special duty at the expense of private persons.

72.Control of private security organisations.

73.Regulations.

Schedule

Schedule Disciplinary code of conduct.

CHAPTER 303

THE POLICE ACT.

Commencement: 14 October, 1994.

An Act to provide for the structure, organisation and functions of the police force, a police disciplinary code of conduct, a Police Welfare Fund, a police tender board and for other matters connected with or incidental to the foregoing.

PART I—INTERPRETATION.

1.Interpretation.

In this Act, unless the context otherwise requires—

(a)“arrestable offence” means an offence which on conviction may be punished by a term of imprisonment of one year or more, or a fine of not less than one hundred thousand shillings or both; Uganda Police Force UPF Code of Conduct

(b)“assistant commissioner” means an officer of the rank of assistant commissioner of police in accordance with this Act;

(c)“assistant superintendent” includes a cadet assistant superintendent;

(d)“attested member” means a police officer regardless of rank who has completed the training course, taken the requisite oath and has been listed in the force as a member;

(e)“code” means the disciplinary code of conduct established under section 44;

(f)“constable” means a police officer of or below the rank of head constable major;

(g)“Constitution” means the Constitution of Uganda;

(h)“deputy inspector general” means the Deputy Inspector General of Police;

(i)“force” means the Uganda Police Force provided for under article 211(1) of the Constitution;

(j)“inspector general” means the Inspector General of Police;

(k)“inspector of police” means an officer of the rank of inspector and includes an assistant inspector of police;

(l)“legal officer” means a police officer designated as a legal officer under this Act;

(m)“magistrate” means a magistrate appointed under the Magistrates Courts Act;

(n)“Minister” means the Minister responsible for internal affairs;

(o)“officer in charge of police” means a police officer not being below the rank of inspector appointed by the inspector general to be in charge of a police station or a police unit in an area; Uganda Police Force UPF Code of Conduct

(p)“police authority” means—

(i)in relation to the force, the police authority established under section 8;

(ii)in relation to any local administration police force, the administration of the area in which that force is established;

(q)“police council” means the police council established under section 10;

(r)“police council appeals court” means the highest disciplinary court established under section 51;

(s)“police officer” means any attested member of the police force;

(t)“police unit” means a police establishment or formation with an officer in charge or with an officer-in-command;

(u)“political commissar” means a police officer responsible for political education in the police force;

(v)“President” means the President of Uganda; Uganda Police Force UPF Code of Conduct

(w)“private security organisation” means a private security organisation registered under the Companies Act;

(x)“region” means any area of Uganda declared by the inspector general to constitute a regional police command;

(y)“regional commander” means a police officer appointed by the inspector general to be in command of the police in any region;

(z)“regional police court” means a disciplinary court established at

the regional police headquarters;

(aa)“responsible officer” means—

(i)in the case of senior police officers, the regional police commander;

(ii)in the case of subordinate police officers, the district police commander;

(iii)in any other case, the officer in charge of a police unit;

(bb)“senior police officer” means an officer of or above the rank of assistant superintendent;

(cc)“subordinate police disciplinary court” means a police disciplinary court lower than a regional police disciplinary court;

(dd)“subordinate police officer” means a police officer of or below the rank of inspector; Uganda Police Force UPF Code of Conduct

(ee)“superintendent” includes senior superintendent, senior assistant superintendent and assistant superintendent;

(ff)“unit commanders” means the district and regional commanders of the force. Uganda Police Force UPF ACT pdf

PART II—ESTABLISHMENT AND FUNCTIONS.

2.Establishment of the force.

There is established a force to be known as the “Uganda Police Force”.

3.Composition of the force.

The force shall be composed of—

(a)the regular Uganda Police Force;

(b)the Uganda Police Reserve established under section 66;

(c)special constables appointed under section 64; and

(d)any other person appointed as a member of the force under this Act.

4.Functions of the force.

(1)Subject to the Constitution and this Act, the functions of the force

are—

(a)to protect the life, property and other rights of the individual;

(b)to maintain security within Uganda;

(c)to enforce the laws of Uganda;

(d)to ensure public safety and order;

(e)to prevent and detect crime in the society;

(f)subject to section 9, to perform the services of a military force; and

(g)to perform any other functions assigned to it under this Act. Uganda Police Force UPF ACT pdf

(2)Subject to section 6(1)(c), a member of the force is authorised to carry arms in the performance of his or her duties.

(3)No person shall arrest, detain or institute criminal proceedings except as is provided for under a written law or the Constitution.

PART III—FORCE COMMAND.

5.Inspector general and deputy inspector general.

(1)The Uganda Police Force shall be under the command of the Inspector General of Police, whose office shall be a public office.

(2)In the performance of his or her functions under subsection (1), the inspector general shall be subject to and act in accordance with the laws of Uganda except that on matters of policy the Minister may give directions to the inspector general, and the inspector general shall comply with those directions. Uganda Police Force UPF ACT pdf

(3)There shall also be a deputy inspector general who shall assist the inspector general in carrying out his or her functions.

(4)The inspector general and the deputy inspector general shall, subject to the Constitution and to this Act, be appointed by the President. Uganda Police Force UPF Code of Conduct

6.General powers of the inspector general to make standing orders. Uganda Police Force UPF ACT pdf

(1)The inspector general may, on the advice of the police council and in consultation with the Minister, make standing orders in respect of the force regarding—

(a)the constitution, organisation, structure, ranks, responsibilities and command in the force;

(b)the enlistment, training, promotions, transfers and discharge of police officers;

(c)arms, accoutrements, dress, ceremonies and operations;

(d)health, housing, equipment, welfare and recreation facilities;

(e)the force accounts and office practice;

(f)specialised units, their responsibilities and command;

(g)any other matters which may promote efficiency and discipline on the part of a police officer in the discharge of his or her duties. Uganda Police Force UPF ACT pdf

(2)The inspector general may, in consultation with the police authority, make standing orders relating to pay, leave and conditions of service of members of the force and any other matters he or she deems fit.

(3)The inspector general may delegate any of his or her functions under this Act—

(a)to the deputy inspector general; or

(b)to a senior police officer.

7.Regional and district force command.

(1)Subject to the direction of the inspector general, the command of the force in a region or a district shall be vested in the regional commander or the district commander, as the case may be. Uganda Police Force UPF ACT pdf

(2)In this section, “district” includes any area declared by the inspector general as a police division, and “district commander” includes a divisional commander. Uganda Police Force UPF ACT pdf

8.Establishment, composition and meetings of the police authority. Uganda Police Force UPF ACT pdf

(1)There is established a police authority.

(2)The police authority shall consist of—

(a)the Minister responsible for internal affairs as its chairperson;

(b)the following members—

(i)the Attorney General;

(ii)the Inspector General of Police;

(iii)the Deputy Inspector General of Police;

(iv)a senior officer in charge of administration at the headquarters of the force;

(v)three other persons appointed by the President.

(3)The Permanent Secretary of the Ministry responsible for internal affairs shall be the secretary to the police authority.

(4)The quorum of the police authority is five. Uganda Police Force UPF ACT pdf

(5)The police authority may regulate its own procedure.

9.Functions of the police authority.

(1)Subject to the Constitution, the functions of the police authority

are—

(a)to advise the Government on policy matters relating to the management, development and administration of the force;

(b)to advise the President on the appointment of the Inspector

General of Police and the Deputy Inspector General of Police;

(c)to recommend to the President appointments and promotions of police officers above the rank of assistant superintendent of police;

(d)to determine the terms and conditions of service in the force;

(e)to hear and determine appeals from decisions of the police council;

(f)to determine, by statutory order, the ranks, precedence, command and seniority of the force;

(g)to empower the force to perform the services of a military force. Uganda Police Force UPF ACT pdf

(2)The police authority may appoint a committee from among its members to assist it in the performance of any of its functions and may assign to it such functions, subject to such conditions and restrictions, as the authority may think fit.

10.Police council.

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(1)There is established a police council. Uganda Police Force UPF ACT pdf

(2)The police council shall consist of—

(a)the Inspector General of Police as its chairperson;

(b)the following members—

(i)the Deputy Inspector General of Police;

(ii)the director of the criminal investigation department;

(iii)the director of special branch;

(iv)the commandant of the mobile police patrol unit;

(v)regional police commanders;

(vi)the officers at the headquarters of the force responsible for the following—

(A)operations;

(B)training;

(C)finance;

(D)personnel;

(E)legal affairs;

(F)community affairs;

(G)research, planning and inspectorate;

(H)local administration police;

(c)the following members appointed by the inspector general, in consultation with the police unit commanders—

(i)an officer of the rank of assistant superintendent of police;

(ii)an officer of the rank of inspector of police;

(iii)three noncommissioned officers; and

(d)the officer responsible for the administration of the force who shall be the secretary.

(3)The quorum of the police council is ten. Uganda Police Force UPF ACT pdf

11.Functions of the police council.

(1)Subject to the Constitution, the functions of the police council

are—

(a)to recruit, appoint and promote police officers up to the rank of inspector of police;

(b)to exercise disciplinary control over all police officers through the police courts;

(c)to advise the police authority on the ranks structure in the force;

(d)to formulate terms and conditions of service of members of the force subject to approval by the police authority;

(e)to formulate and establish standards of recruitment and training within the force;

(f)to determine the types and quality of equipment and supplies to be procured by the force;

(g)to formulate and advise the police authority on the policies of the force and ensure the implementation of that policy;

(h)to ensure efficient organisation and administration of the force; and

(i)to ensure that the force is of a national character and composition.

(2)The police council may appoint a committee from among its members to assist it in the performance of its functions under this section and may assign to it such functions subject to such conditions and restrictions as the Minister may think fit. Uganda Police Force UPF ACT pdf

12.District police committees, their functions and composition. Uganda Police Force UPF ACT pdf

(1)There shall be established a district police committee in each

district.

(2)The functions of a district police committee are—

(a)to advise the police council on appointments, promotions and other personnel matters;

(b)any other duties assigned to it by the police council.

(3)A district police committee shall be composed of—

(a)the district police commander as its chairperson; and

(b)the following members—

(i)the district special branch officer;

(ii)the district criminal investigation department officer;

(iii)the officer in charge of prosecutions in the district;

(iv)the district police commander in charge of the local administration police;

(v)three noncommissioned officers appointed by the regional police commander; and

(c)a staff officer of the district who shall act as secretary to the district police committee.

PART IV—APPOINTMENTS, PROMOTIONS, RECRUITMENT, SERVICE AND

DISCHARGE OR TERMINATION OF APPOINTMENTS.

13.Delegation by the President of power of appointment under the Constitution.

(1)For the purposes of article 172 of the Constitution, the President may, under clause (3) of that article, delegate to authorities specified in subsection (2) of this  section the powers of the President necessary to enable those authorities to exercise the powers of appointment conferred on them by this Act. Uganda Police Force UPF ACT pdf

(2)The authorities referred to in subsection (1) are the following—

(a)the police authority;

(b)the police council; and

(c)the inspector general. Uganda Police Force UPF ACT pdf

(3)Where the President has delegated any of his or her powers as described in subsection (1), the Public Service Commission shall have no functions in respect of the exercise by the relevant authority of the powers so delegated. Uganda Police Force UPF ACT pdf

14.Procedure and form of application.

(1)The police council shall establish the procedure and form of application to be adopted in the appointment of police officers of or below

the rank of inspector of police.

(2)The police authority shall establish the procedure and form of application to be adopted in the appointment of senior police officers to the force.

15.Retirement.

(1)Unless otherwise expressly provided in this Act, a member of the

force—

(a)shall retire from his or her office on attaining fifty-five years of age; or

(b)may retire after twenty years continuous service in the force before the age of fifty-five years.

(2)An appointing authority responsible for the appointment of any police officer may require the officer to retire in the public interest on grounds of proven—

(a)inefficiency;

(b)misconduct.

(3)An appointing authority responsible for the appointment of a police officer shall require the officer to retire on medical grounds if the officer is declared by a police medical officer or a police medical board unfit for further service in the force due to medical, mental or physical incapacity. Uganda Police Force UPF ACT pdf

(4)An officer affected by subsections (2) and (3) shall have a right to be heard.

16.Service in the force on contract.

(1)A police officer who has retired under section 15(1)(a) or (b) may apply to serve in the force on contract for a continuous period not exceeding two years at a time.

(2)An application under subsection (1) shall be made—

(a)in the case of a police officer of or above the rank of assistant superintendent of police, to the secretary of the police authority;

(b)in the case of a police officer of or below the rank of inspector of police, to the inspector general.

(3)The Minister may, by regulations made under section 73, prescribe the terms and conditions of employment under subsection (1). Uganda Police Force UPF ACT pdf

17.Resignation by police officers.

Subject to section 15, no police officer may terminate his or her service with the force except with written permission of the appointing authority. Uganda Police Force UPF ACT pdf

18.Oath on appointment.

(1)A police officer appointed under this Act shall take and subscribe to an oath or make a declaration in writing, as the case may be, in such form as may be prescribed by law. Uganda Police Force UPF ACT pdf

(2)An oath or a declaration referred to in subsection (1) shall be taken or made before the inspector general or such other police officer as the inspector general may designate.

19.Conditions on termination of service.

(1)A police officer shall, on the termination of his or her service with

the force—

(a)cease to exercise all powers and authorities vested in him or her by virtue of his or her office; and

(b)before he or she is issued with a certificate of termination of service, have delivered up to the person appointed by the inspector general for that purpose, or to the officer in charge of police at the place at which he or she was last stationed, all arms, ammunitions, accoutrements, uniforms and other equipments which had been issued to him or her by virtue of his or her employment with the force. Uganda Police Force UPF ACT pdf

(2)A person who fails to comply with subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding eighteen months. Uganda Police Force UPF ACT pdf

20.Employment of civilians.

(1)The inspector general, in consultation with the police authority,

may—

(a)employ civilians to perform such administrative functions as are

normally outside the line of duties of a police officer;

(b)regulate the method of their employment;

(c)establish the terms and conditions of such employment;

(d)provide for any other matter in relation to the employment of civilians as appears to him or her to be reasonably necessary for the efficient administration of the force. Uganda Police Force UPF ACT pdf

(2)Without prejudice to the generality of subsection (1)—

(a)a civilian may be employed on any of the following terms—

(i)temporary;

(ii)permanent;

(iii)on contract; or

(iv)on secondment;

(b)the inspector general may, in consultation with the police authority, by statutory instrument, make rules and regulations governing the terms and conditions of service of civilians employed in the force. Uganda Police Force UPF ACT pdf

PART V—POWERS, DUTIES AND PRIVILEGES OF POLICE OFFICERS.

21.General powers and duties of a police officer.

(1)A police officer shall, in the performance of the functions of his or her office—

(a)exercise the powers and perform the duties conferred upon him or her by law;

(b)obey all lawful directions in respect of the execution of his or her office issued by a competent authority;

(c)be taken to be on duty at all times;

(d)be willing to serve in any station to which he or she may be assigned;

(e)promptly obey and execute an order or a warrant lawfully issued by a competent authority;

(f)collect and communicate intelligence affecting the public peace;

(g)prevent the commission of offences and public nuisances;

(h)detect and bring offenders to justice;

(i)apprehend all persons whom he or she is legally authorised to apprehend and for whose apprehension sufficient grounds exist.

(2)Subject to section 27, a police officer in the performance of his or her functions under subsection (1) may, without warrant, and at any hour

of the day or night, enter into—

(a)any premises where he or she reasonably suspects that an unlawful activity is taking place or is about to take place; or

(b)any premises to which dissolute or disorderly characters are resorting.

22.Power to regulate traffic.

(1)A police officer in uniform may, for the purpose of preserving public order and safety, stop, divert or otherwise direct and regulate the course of traffic. Uganda Police Force UPF ACT pdf

(2)A person who does not comply with the direction or regulation issued under subsection (1) commits an offence and is liable on conviction to imprisonment not exceeding three months or a fine not exceeding fifty thousand shillings.

23.Arrest without a warrant.

(1)A police officer may, without a court order and without a warrant, arrest a person if he or she has reasonable cause to suspect that the person has committed or is about to commit an arrestable offence.

(2)A female person shall only be searched by an authorised woman.

24.Arrest as preventive action.

(1)A police officer who has reasonable cause to believe that the arrest and detention of a person is necessary to prevent that person—

(a)from causing physical injury to himself or herself or to any other person;

(b)from suffering physical injury;

(c)from causing loss or damage to property;

(d)from committing an offence against public decency in a public place;

(e)from causing unlawful obstruction on a highway;

(f)from inflicting harm or undue suffering to a child or other vulnerable person,

may arrest and detain that person.

(2)A person detained under subsection (1) shall be released—

(a)once the peril, risk of loss, damage or injury or obstruction has been sufficiently removed;

(b)on the execution of a bond with or without surety where provision is made for him or her to appear at regular intervals before a senior police officer, if so required; or

(c)upon any other reasonable terms and conditions specified by the inspector general in writing.

(3)If the person detained under this section is not resident in Uganda, the bond referred to in subsection (2) may be secured by a surety resident in Uganda. Uganda Police Force UPF ACT pdf

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(4)Any person so arrested or any other person on his or her behalf who has reason to believe that any person is being unlawfully detained under this section may apply to a magistrate to have such person released with or without security.

25.Disposal of a person arrested by a police officer.

(1)A police officer on arresting a suspect without a warrant shall produce the suspect so arrested before a magistrate’s court within forty-eight hours unless earlier released on bond. Uganda Police Force UPF ACT pdf

(2)Subsection (1) shall not apply to a person who is arrested in one police area and is not to be questioned within the area in which he or she was arrested until he or she is transferred to the area where the offence was committed within seven days. Uganda Police Force UPF Code of Conduct

(3)If subsections (1) and (2) are not being complied with, any person may apply to the magistrate within twenty-four hours who shall order his or her release unless charged. Uganda Police Force UPF ACT pdf

(4)Where a complaint of torture of a suspect in custody is made to a magistrate, the magistrate shall order an investigation into the allegation; and if the allegation is proved to be true, the magistrate shall order for the examination and treatment of the person affected at the expense of the State, and any person responsible for the torture shall be charged. Uganda Police Force UPF ACT pdf

26.Power of detention and search by a police officer.

Without prejudice to section 315 of the Penal Code Act and section 7 of the

Criminal Procedure Code Act, a police officer may search or detain—

(a)a person in whose possession; or

(b)a vessel, a boat, an aircraft or a vehicle in which,

he or she has reasonable grounds to suspect that property stolen or unlawfully obtained may be found and may seize that property. Uganda Police Force UPF Code of Conduct

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