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ARRANGEMENT OF SECTIONS.
PART II
ESTABLISHMENT, FUNCTIONS AND ADMINISTRATION.
PART III
APPOINTMENTS, PROMOTIONS, RECRUITMENT, RETIREMENT AND TERMINATION OF APPOINTMENTS.
PART IV
ESTABLISHMENT OF PRISONS.
PART V
GENERAL POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS.
PART VI
OFFENCES BY PRISON OFFICERS.
PART VII
DISCIPLINE OF PRISON OFFICERS.
PART VIII
ADMISSION, TREATMENT, CONTROL AND DISCHARGE OF PRISONERS.
PART IX
OFFENCES RELATING TO PRISONS AND PRISONERS.
PART X
VISITING JUSTICES, OFFICIAL VISITORS AND MINISTERS OF RELIGION.
PRISONS ACT, 2006.
Commencement: 14 July, 2006.
An Act to repeal and replace the Prisons Act, Cap. 304 in order to bring it in line with the Constitution, to establish the Prisons Authority and the Prisons Council; to bring Local Administration Prisons under the Uganda Prisons Service; to bring the Act in line with effective and humane modern penal policy and universally accepted international standards; and to provide for other matters connected with or incidental to the foregoing.
This Act may be cited as the Prisons Act, 2006.
In this Act, unless the context requires—
"aggravated prison offence" means an offence declared to be such by rules made under this Act;
"appellant prisoner" means a convicted prisoner who is detained in a prison as a result of a conviction which is the subject matter of an appeal, notice of which has been accepted but the decision in regard to which has not been given but does not mean a convicted prisoner who has made an election under the provisions of section 40(5) of the Criminal Procedure Code Act;
"civil prisoner" means an indebted person entitled to special treatment;
"Commissioner General" means the Commissioner General of Prisons;
"convicted prisoner" means a prisoner under a sentence of a court or court-martial;
"court" means any court or authority entitled to pass a sentence in a criminal case or to order a person to be detained in custody in any case;
"currency point" represents the amount in Uganda Shillings prescribed in the First Schedule to this Act;
"Deputy Commissioner General" means the Deputy Commissioner General of Prisons;
"judge" means a judge of the High Court or higher court;
"junior prison officer" means a prison officer of a class declared by the Minister to be a junior prison officer;
"justice of peace" means a justice of the peace appointed under the Justices of the Peace Act;
"lock-up" means any place or building, maintained by the administration of a district or a police force, where arrested persons are temporarily detained, pending production in court;
"magistrate" means a magistrate presiding over a court;
"medical officer" means either the district director of health or a medical officer in the district or area in which the prison is situated or, in his or her absence, any registered or licensed Government medical practitioner or the medical officer appointed to a prison if a medical officer has not been appointed;
"Minister" means the Minister responsible for internal affairs and includes the Minister of State;
"minor prison offence" means an offence committed by a prisoner and declared to be such by rules made under this Act;
"officer in charge" means a prison officer appointed by the Commissioner General to be in charge of a prison;
"prison" means a prison established under this Act;
"prison officer" means member of the Prisons Service of whatever rank;
"prisoner" means a person duly committed to custody under the writ, warrant or order of a court exercising criminal jurisdiction or by order of a court-martial;
"prohibited article" means an article the introduction or removal of which into or out of a prison is prohibited by this Act or by any rules made under this Act;
"senior prison officer" means a prison officer of a class declared by the Minister to be a senior prison officer;
"Service" means the Uganda Prisons Service.
PART II
ESTABLISHMENT, FUNCTIONS AND ADMINISTRATION.
3. Composition of the Prisons Service.
The Uganda Prisons Service established by article 215 of the Constitution shall consist of—
(a) the Commissioner General and the Deputy Commissioner General;
(b) Regional Prisons Commanders, District Prisons Commanders, officers in charge of prisons;
(c) Directors;
(d) Heads of Departments at Prisons Headquarters;
(e) any other person appointed as a member of the Prisons Service under this Act.
4. Objective of the Service.
(1) The main objective of the Service is to contribute to the protection of all members of society by providing reasonable, safe, secure and humane custody and rehabilitation of offenders in accordance with universally accepted standards.
(2) To achieve its objective, the Service shall—
(a) professionalise and develop the staff;
(b) ensure a meaningful and adequate remuneration to its staff;
(c) ensure proper living conditions for staff and the prisoners.
5. Functions of the Service.
The functions of the Service shall be—
(a) to ensure that every person detained legally in a prison is kept in humane, safe custody, produced in court when required until lawfully discharged or removed from prison;
(b) to facilitate the social rehabilitation and reformation of prisoners through specific training and educational programmes;
(c) to facilitate the re-integration of prisoners into their communities;
(d) to ensure performance by prisoners of work reasonably necessary for the effective management of prisons;
(e) to perform such other functions as the Minister, after consultation with the Prisons Authority, may from time to time assign to the Service.
6. Financing of the Service.
(1) The management, administration and activities of the Service shall be funded from the Consolidated Fund or any other sources that may be accessed or generated by the Service subject to the provisions of the Public Finance and Accountability Act.
(2) The Service shall engage in activities that are vital in securing adequate funding, generation of income from its assets, empowerment of staff and any other activities that shall promote good governance, peace, security and stability within the prevailing laws and regulations.
7. Powers of the Commissioner General.
(1) The Commissioner General shall, in addition to such other powers, duties and functions as may be conferred upon or assigned to him or her by or under this Act, be responsible for the efficient supervision, administration and control of the Service.
(2) The Commissioner General, in consultation with the Prisons Authority, may issue such rules, standing orders, administrative instructions as he or she may consider expedient for the efficient supervision, administration and control of the Service and for observance by prisoners and prison officers.
(3) The Commissioner General may, in the exercise of his or her duties, transfer any prison officer to any station or office in the Service from the station or office held by that officer other than the post held by such officer and may transfer any officer to any part of the country at the exigencies of the Service.
(4) Whenever it is necessary for the safe custody or transportation of any prisoner or any emergencies or any other purpose, the Commissioner General, may appoint such number of suitable persons as he or she may deem expedient to serve as temporary warders or wardresses on such terms and conditions as may be prescribed.
(5) Whenever the need arises, the Commissioner General may, in consultation with the Public Service Commission, create more sections or offices in the Service.
(6) In the exercise of his or her powers and the performance of his or her duties and functions under this Act, the Commissioner General shall be accountable to and act in consultation with the Minister.
(7) The Commissioner General may delegate any of his or her functions under this Act—
(a) to the Deputy Commissioner General;
(b) to a senior prison officer.
8. Welfare of staff and prisoners.
The Service shall be provided with adequate resources and facilities to cater for the staff and the prisoners.
9. Establishment of Prisons Authority.
(1) There is established a Prisons Authority.
(2) The Prisons Authority shall consist of—
(a) the Minister responsible for internal affairs as its chairperson;
(b) the following members—
(i) the Attorney General or his or her representative;
(ii) the Commissioner General;
(iii) the Deputy Commissioner General;
(iv) Permanent Secretary, Ministry responsible for public service;
(v) a senior officer in charge of personnel at the headquarters of the Service;
(vi) two other persons appointed by the President.
(3) The two persons appointed by the President in subsection (2)(b)(vi) shall serve for two years and their term may be renewed.
(4) The Permanent Secretary of the Ministry responsible for Internal Affairs shall be the Secretary to the Prisons Authority.
(5) The quorum of the Prisons Authority shall be five.
(6) The Prisons Authority may regulate its own procedure.
(7) The Prisons Authority shall meet at least once every four months at such times and places as the Chairperson of the Authority may determine.
(8) If the Chairperson is absent from or for any other reason unable to preside at any meeting of the Prisons Authority, the members present shall elect one from among their number to act as chairperson at that meeting.
(9) The decision of the majority of the members of the Prisons Authority present at a meeting shall constitute a decision of the Authority and, in the event of an equality of votes relating to any matter the member presiding at the meeting shall have a casting vote.
(10) The Prisons Authority shall cause a record to be kept of the proceedings at its meetings.
10. Functions of the Prisons Authority.
(1) Subject to the Constitution and to this Act, the functions of the Prisons Authority are—
(a) to advise the Government on policy matters relating to the management, development and administration of the Service;
(b) to advise the President on the appointment of the Commissioner General and the Deputy Commissioner General;
(c) to make appointments and promotions of prison officers of and above the rank of Assistant Superintendent of Prisons but below the rank of Deputy Commissioner General;
(d) to make programmes for social rehabilitation and reintegration of offenders so as to enhance their ability to resettle in their communities;
(e) to develop and administer services and programs for the purpose of counselling persons subject to non-custodial sentences;
(f) to develop and administer services and programs designed to encourage prisoners, and persons referred to in paragraph (d) and to initiate, maintain and strengthen ties with members of their families and the community;
(g) to provide clear direction to all staff in their responsibilities;
(h) to provide strategic framework and plan for the development of the Service;
(i) to determine the terms and conditions of service in the Prisons Service;
(j) to hear and determine appeals from the decisions of the Prisons Council;
(k) to perform any other function that is connected to the above or that may be accorded to it by law.
(2) The Prisons 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.
11. Powers of the Prisons Authority.
(1) The Prisons Authority may exercise such powers as are necessary or desirable to allow the proper discharge by it of its functions or any of them whether under this Act or any other law.
(2) Without limiting the generality of subsection (1), the Prisons Authority may—
(a) acquire property for the conduct of its operations;
(b) establish training facilities for prisoners and staff and provide courses and scholarships for officers;
(c) arrange for an exchange of officers between the Prisons Authority and the relevant authority in another country or State or territory that is responsible for the operation of the prisons service;
(d) engage persons to advise it in respect of matters of legal, financial or technical nature or that relate to the welfare of prisoners;
(e) enter into arrangements with any person or body for the purpose of any investigation, study or research that, in the Prisons Authority's opinion, is necessary or desirable having regard to the functions of the Authority;
(f) engage a person other than a Commissioner General or, an officer of the Prisons Authority or a body of persons to conduct on behalf of the Prisons Authority any part of its operations;
(g) grant financial or other assistance to persons or bodies of persons concerned with the welfare of prisoners or persons subject to probation orders, community service orders or fine option orders or their families;
(h) encourage improvement in the standard and method of work performed by its officers and employees by such means as it deems appropriate including the establishment of awards for competence and innovation.
12. Power of the Prisons Authority to make rules.
(1) The Prisons Authority may make rules in respect of—
(a) the management, security and good order of prisons;
(b) the safe custody, welfare and privilege of prisoners;
(c) the duties, functions, powers, and conduct of its officers and employees;
(d) all matters that are required or permitted to be the subject of such rules under the provisions of this Act.
(2) The Prisons Authority may prescribe a code of conduct for prison officers and other employees.
(3) The Prisons Authority shall ensure that the rules made under this section are brought to the notice of prison officers and employees.
13. Establishment of the Prisons Council.
(1) There is established a Prisons Council.
(2) The Prisons Council shall consist of—
(a) the Commissioner General as its Chairperson;
(b) Directors;
(c) the Deputy Commissioner General who shall be Vice Chairperson;
(d) the officers at the prisons headquarters responsible for—
(i) prisoners' administration;
(vi) research and planning;
(vii) welfare and rehabilitation;
(viii) Regional Prisons Commanders;
(e) The following members shall be appointed by the Commissioner General, in consultation with the officers in charge of prisons—
(i) an officer of the rank of Assistant Superintendent of Prisons;
(ii) an officer of the rank of Principal Officer; and
(iii) three non-commissioned officers.
(3) The officer responsible for administration in the Service shall be the Secretary.
(4) The members of the Council in subsection (2)(d) shall be appointed for a period of three years.
(5) The quorum for any meeting of the Council shall be 10 members.
14. Functions of the Prisons Council.
(1) Subject to the Constitution and to this Act, the functions of the Prisons Council are—
(a) to make appointments and promotions of prison officers up to the rank of a Principal Officer;
(b) to exercise disciplinary control over all prison officers of and below the rank of Principal Officer through the established procedure;
(c) to advise the Prisons Authority on the rank structure in the Service;
(d) to formulate terms and conditions of service of staff of the Service subject to approval by the Prisons Authority;
(e) to formulate and establish standards of recruitment and training within the Service;
(f) to determine the types and quality of equipment and supplies to be procured by the Service;
(g) to formulate and advise the Prisons Authority on the policy of the Service and ensure the implementation of that policy;
(h) to ensure efficient organisation and administration of the Service; and to ensure that the Service is of a national character and composition.
(2) The Prisons Council may appoint a committee from among its members to assist it in the performance of its functions under this Act and may assign to it such functions subject to such conditions and restrictions as the Council may think fit.
15. Meetings of the Prisons Council.
(1) The Prisons Council shall meet at least once every three months at such times and places as the Chairperson of that Council may determine.
(2) If the Chairperson is absent from or for any other reason unable to preside at any meeting of the Council, the Vice Chairperson shall preside at the meeting.
(3) The Chairperson or any other person who acts as chairperson shall determine the procedure of the meeting of the Prisons Council.
(4) The quorum for a meeting of the Prisons Council shall be 10.
(5) The decision of the majority of the members of the Prisons Council present at a meeting shall constitute a decision of the Council and in the event of an equality of votes relating to any matter the member presiding at the meeting shall have a casting vote.
(6) The Prisons Council shall cause a record to be kept of the proceedings at its meetings.
16. Regional Prisons Committees, their composition and functions.
(1) There shall be established a Regional Prisons Committee in each region.
(2) The functions of the Regional Prisons Committee are—
(a) to advise the Prisons Council on appointments, promotions, and other personnel matters; and
(b) any other duties assigned to it by the Prisons Council.
(3) A Regional Prisons Committee shall be composed of—
(a) the Regional Prisons Commander as its Chairperson; and
(b) the following members—
(i) the officers in charge of prisons in the region;
(ii) a staff officer of the Region who shall act as Secretary to the Regional Prisons Committee;
(iii) a Principal Officer from each prison in the region; and
(iv) one non-commissioned officer from each prison in the region appointed by the Regional Prisons Commander.
(4) The Regional Prisons Committee shall regulate its own procedure.
17. District Prisons Committees, their composition and functions.
(1) There shall be established a District Prisons Committee in each district whose functions are—
(a) to advise the Regional Prisons Committee on appointments, promotion of staff and other personnel matters;
(b) any other matters assigned to it by the Regional Prisons Committee.
(2) The District Prisons Committees shall consist of the following—
(a) District Prisons Commander who shall be the Chairperson;
(b) the Deputy Prisons Commander who shall be the Deputy Chairperson;
(c) a staff officer who shall be the Secretary;
(d) a representative of Principal Officers;
(e) a representative of Non Commissioned Officers (NCOs);
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