1.

Describe the Institutional Structure of the Police Force, Differences and the functions of the Police Council, Police authority, and Inspectorate. The Uganda Police Force (UPF), under the jurisdiction of the Ministry of Internal Affairs, is the main security force responsible for law enforcement in Uganda. According to the World Encyclopedia of Police Forces and Correctional Systems, in addition to "regular" police work, the UPF is also involved in carrying out paramilitary functions, providing security for visiting dignitaries and assisting public prosecutors during criminal proceedings. The Uganda Police Force is the principal State body constitutionally charged with the responsibility of preserving law and order. Its other constitutional functions include; the protection of life and property, the prevention and detection of crime and cooperation with the civilian authority, other lawful security organs and the population in general for the maintenance of order, peace and tranquility in Uganda. The Uganda Police Force is headed by the Inspector General of Police (IGP). The IGP is assisted by the Deputy IGP Below the deputy IGP are the Assistant IGPS who are the heads of Directorates. The Force has four Directorates all of which have headquarters in Kampala; i. Directorate of Criminal Investigations (CID) ii. Directorate of Special Branch iii. Directorate of Operations iv. Directorate of Administration The Uganda Police Force has regional and district offices all over the country. For administrative purposes, Uganda is divided into regions namely, Kampala Extra region, Central Region, Southern Region, South Western, Western, Mid-Western, North Western, Northern, Mid Eastern, Karamoja, South Eastern and Eastern region.. Each region is headed by a Regional Police Commander. Regions also have Regional Criminal Investigations Officers and Regional Special Branch Officers. At the district level, it is the District Police Commander (DPC) who heads the Force. Each district has a District Criminal Investigations Officer (District CID Officer) and a District Special Branch Officer. In addition there is a Community Liaison Officer and an Officer in Charge of Traffic At the district, the Uganda Police Force has Police Stations and Police Posts. Police Posts are the smallest units and they are attached to particular Police Stations. The administrative head of a police Station is called the Officer in- Charge of Station (OC Station) while the head of a Police Post is referred to as the Officer-in-Charge of Post (OC Post). Each Police Station and Police Post has an officer in Charge of Criminal Investigations (OC CID) and an Officer in Charge of Special Branch.
dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.

 The CID officers are in charge of investigating crimes. The Community Liaison Officers from the directorate of Operations are responsible for linking the Police with the public. They do this by: i. collecting views, complaints and any other information from the public and passing them on to the relevant Police authorities for action ii. passing on information from the Police to the public iii. organising meetings between the Police and members of the community to address any concerns The Police Council is an all police body, with the Inspector General as its Chair and a membership made up of the Deputy Inspector General, Directors of CID and Special Branch, the Commander of the Mobile Police Patrol Unit, Regional Police Commanders, senior officers in charge of various units, an Assistant Superintendent, an Inspector and three non-commissioned members. The Police Council is required to deal with recruiting, appointing and promoting police officers up to the rank of Inspector, exercising disciplinary control, formulating terms and conditions of service and ensuring efficient administration. The Police Council can be likened to a group of officers making collective decisions to improve the standard of functioning in the police. The failure of the Police Forces recruitment strategies and rampant indiscipline makes it clear that the Police Council has not been successful. The Police Councils role was subsumed into an independent and impartial body in the Sebutinde Commission recommendations, but this recommendation has not been implemented. The Police Authority sits at the top of the disciplinary hierarchy. One of its functions is to hear and determine appeals from decisions of the Police Council. The Police Authority is given wide power it can even dismiss a senior police officer, subject to the written approval of the President. The Authority is made up of a Chairperson, who is the Minister for Internal Affairs, and a membership made up of the Attorney General, the Inspector General, the Deputy Inspector General, a senior officer (who is in charge of administration at police headquarters), and three other members who are appointed by the President. Other functions given to the Authority include advising the President on the appointment of the Inspector General and Deputy Inspector General, recommending appointments and promotion of senior officers and determining the terms and conditions of police service. In its current shape, the Police Authority can neither discharge its functions fairly, nor act as an accountability mechanism. Of the eight people that make up the Authority, five are directly appointed by the President and two are indirectly appointed by the President. The President has far too much sway among this group for them to operate effectively. In addition, when the Authority sits as an appellate body, its members sit in judgment of their own decisions made in lower courts. This is not a mechanism for accountability and means that the Authority has no hope of effectively curbing the indiscipline and corruption in the police

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2. Illustrate with examples how the Police discharges its functions

The Uganda Police Force (UPF) is established under Article 211 of the Constitution of Uganda 1995. Its functions are mandated under Article 212 and they include: To protect life and property To preserve law and order To prevent and detect crime To co-operate with the civilian authority and other security organs Article 212 (2) empowers Parliament to make laws pertaining to the organisation, administration and functions of every police force in Uganda. The Police Statute 1994 which is in conformity with this constitutional requirement through it transitional provisions, prescribes the functions of the UPF as follows: To protect life and property and other rights of the individuals To maintain security within Uganda, To enforce the laws of Uganda, To ensure public safety and order, To prevent and detect crime To perform services of military force, To perform any other functions assigned to it under the statute. There is no fundamental difference between the UPF functions as prescribed under the statute with those under the constitution, although the Police Statute explains the functions in wider detail and more elaborate. There is no fundamental difference between the UPF functions as prescribed under the statute with those under the constitution, although the Police Statute explains the functions in wider detail and more elaborate. The functions engender a string of diverse activities to be performed by the UPF. These activities have been grouped and classified according to the functional relationships that exist amongst them. From these classifications, we discern five core functional areas as indicated below. These will form the basis for our strategic planning. Our core functions are therefore, listed as follows: Crime Management Public Order and Safety Traffic Management Community Assistance Intelligence According to the UPF website, the police force is divided into five directorates: Administration, Operations, Criminal Investigations, Special Branch and Local Administration Police (LAP). The Administration directorate is responsible for finances, resources (including human resources) and police medical services; the Operations directorate works in the area of crime prevention, "safety assurances" and incident responses; the Criminal Investigations Directorate (CID) is responsible for detecting, preventing and investigating crime, compiling information on criminals and gathering evidence for use in dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.

criminal prosecutions; the Special Branch collects, analyzes and disseminates information on security; and the Local Administration Police (LAP), composed of locally recruited officers who have knowledge of local languages and customs, is responsible for the enforcement of local by-laws and ordinances.;. Each of the five directorates is commanded by an assistant inspector general of police (AIGP), who reports to the DIGP. Other branches and units of the Uganda Police Force, include the Legal Department; the Child and Family Protection Unit, which deals with human rights and gender-related issues; the Police AntiTerrorism Unit, responsible for such activities as diffusing bombs, rescuing hostages and apprehending "terrorists"; the Mobile Police Patrol Unit (MPPU), which deals with border crimes, including smuggling; and the Special Force Unit, a paramilitary branch of the police trained in riot control and border patrol. The World Encyclopedia of Police Forces and Correctional Systems also lists the following branches and units of the UPF: the Uniform Branch; the Special Constabulary; the Signals Branch; the Railway Police; the Police Air Wing; the Police Tracker Force; the Police Band; the Police Dog Section; and the Public Safety Unit (ibid.). Between 2006 and 2007, the Uganda Police Force reportedly expanded from approximately 27,000 to 48,000 police officers. According to official figures, the ratio of police officers to population in Uganda is approximately 1 officer per 1,880 inhabitants. However, there are "significant" variations in the ratio of police officers to population by district, which according to one source, range from 1 officer per 100 inhabitants in the capital city of Kampala to 1 officer per 8,000 inhabitants in certain outlying districts (World Encyclopedia of Police Forces and Correctional Systems 2006, 920). There are approximately 6,780 LAP officers in Uganda (Uganda).

3. Establish the different processes, procedures and structure for instilling discipline and procedures for making a complaint against a police officer.
The Police Act sets out a Disciplinary Code of Conduct. The Code imposes certain obligations on police officers, such as prohibiting them from using their office for undue gain, not taking away a persons rights without reasonable cause, treating all people equally and humanely and not compromising their job because of a relationship or other illegitimate influence. It also sets out a number of penal offences, such as behaving in a cruel manner, corruption and the unlawful exercise of authority Commissioner of Police or a more senior rank, and those that are more junior than an Assistant Commissioner of Police. Disciplinary powers for senior officers vest in a Police Authority. Disciplinary powers for junior officers come under the control of a Police Council. Both exercise their powers through the Police Disciplinary Courts. The police court hierarchy also includes Regional Police Courts and the Police Council Appeals Court. Each of these bodies is outlined below. Police Disciplinary Courts can be established at a police unit to deal with officers who default against the Code. The Courts powers extend to hearing, determining and sentencing disciplinary matters under the Police Act. It is made up of a Chairperson, who is a senior officer (this means that they are an Assistant Commissioner of Police or a more senior rank), two officers who are above the rank of the officer being tried and an independent prosecutor. The Court can impose any penalty other than dismissal. In a case dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.

where it feels dismissal is warranted, it can recommend dismissal to the Police Authority (senior officers) or Police Council (junior officers). Regional Police Courts are established at regional headquarters. They can hear discipline cases for the first time and they can also hear appeals from decisions made by Disciplinary Courts. A Regional Court is made up of a Chairperson (again, a senior officer), two to four officers of the Corporal rank or more senior and an independent prosecutor. Where the Regional Court does not have jurisdiction under the Police Act to award a particular penalty or dismiss a senior officer, it can submit the case to the Police Council Appeals Court or the Police Authority The Police Council Appeals Court is composed of a Chairperson, who is a senior officer, two more senior officers, two police officers, and two members who are appointed by the Chair. Appeals can be made on the grounds that a finding was erroneous, a sentence was illegal, a punishment was too severe, there was a mistake at law, or there had been a miscarriage of justice.

Procedures for making a complaint against a police officer.

The Police Act sets up a public complaints system that allows any member of the public to file a written complaint regarding bribery, corruption, oppression, intimidation, neglect, nonperformance of duty or other police misconduct. The complaint is addressed to the most senior officer in the district or the Inspector General. That officer is required to conduct an investigation into the matter, and keep the complainant informed of the outcome of the case. As an accountability mechanism, the complaints system raises a number of issues. The complaint must be written, which may disadvantage the very groups that are most likely to suffer at the hands of police. The investigation is internal, which means that police investigate their own, and is not transparent. It is easy for complaints to disappear into the police bureaucracy, never to return. Human Rights and Complaints Desk In February 1998, the Inspector General of Police set up a Human Rights and Complaints Desk to receive and conduct investigations into all complaints of police misconduct. The Assistant Commissioner of Police heads the Desk and is assisted by four lawyers and a legal assistant. The Desk handles three kinds of complaints human rights violations, corrupt practices and unprofessional conduct. Complaints are received from members of the public, police officers and police management. They may be written or verbal. After registration, the complaint is investigated by the assisting lawyers, and a report of findings and recommendations is provided to the police administration. The complainant is informed of any action. In 1998 alone, the Desk received 250 complaints. In 1999, the number of complaints increased to 650 cases most related to mismanagement of investigations by police. In 2001, the Desk received 317 complaints, which included allegations of use of excessive force, torture, assault, rape and murder. Of the complaints received, 250 were resolved and 67 were pending investigation. At the end of 2002, 405 complaints were received of which 303 were investigated. The outcome of investigations is not known. Some complaints were received from external bodies. For example, 87 complaints were from the Human Rights Commission, the Presidents office, civil society and ministries. Of these 51 were investigated. The outcome of the investigations again is not documented and it is not clear how the others were disposed off. During 2004, the Desk received 300 allegations of police abuse and reported that approximately 140 complaints had been resolved by years end. dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.

In the absence of details about the nature of complaints, the officers against whom complaints were made, who conducted the investigation and what the results were, it is difficult to assess the effectiveness of the Desk. The Sebutinde Commission commented that the public lacked confidence in the Desk as it was located in the police headquarters and manned by police officers. The Desk does not have branches outside Kampala and is not easily accessible to the regions. The Commission heard evidence that the disciplinary code was enforced in some instances to victimise officers. The Commission suggested that the Desk should be manned by non-police officers, located outside headquarters and decentralised for easy accessibility. The Government rejected the recommendations and decided that at the district level, the District Police Commanders should handle complaints. This distances the public further and erodes confidence by letting the entire complaint process remain police-centric. According to the Commission, the public prefer to refer their complaints to an independent body as they do not have faith in the impartiality and efficiency of internal machinery. In any case, the Desk has been working under many constraints. Undertaking investigations into public complaints of police misconduct and human rights abuses is resource intensive resources the Desk does not have, in terms of both staffing and infrastructure. It also lacks the all important cooperation from police officers. Internal accountability measures have failed. On paper, an elaborate network of internal accountability mechanisms exist. However, the police continue to act with impunity, with violent and brutal consequences, while failing to fulfil their duties properly. Clearly, there are problems with the current discipline systems in place namely, lack of transparency, a refusal to recognise vicarious responsibility, self rule, protectionist police culture and a lack of public trust. Lack of transparency is a major issue as the police appear to consider discipline an exclusively internal matter. Although the broad framework for disciplinary systems is set out in police legislation, the details of how these systems work in practice are rarely made public. Furthermore, the police organisation does not inform the public when it takes action to tackle misconduct. Lack of transparency creates an accountability deficit even when effective action is taken against police personnel accused of misconduct. In addition, the Disciplinary Code of Conduct that provides the legal basis for disciplining police employees does not recognise the principle of vicarious liability, where senior officers are held responsible for acts of junior officers. In many cases, junior officers are involved in misconduct at the behest of more senior officers or because there is a confidence that senior officers will turn a blind eye. The police in Uganda are policed by themselves. The disciplinary courts are staffed by police officers, the prosecutor is a police officer and the proceedings are conducted in accordance with rules of procedure prescribed by Police Standing Orders. The Disciplinary Code prescribes penalties, but these are general in nature and are not pegged to offences described in the Code. The discretion given to police courts to choose the penalties leaves room for allowing impunity. This is particularly risky in a situation where the judge and jury are all police officers and decide cases of the accused - who are also police officers. Finally, a lack of public trust mean these tools are not used and reform is not prioritised. The Police Human Rights and Complaints Desk dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.

 The Police Human Rights and Complaints Desk provides redress in case of dissatisfaction with its services. Any member of the public who is dissatisfi ed with the services of the Police may fi le a complaint. This does not affect any other legal means of redress available to the complainant. The complaints against police can be categorized as follows:i. human rights violations for example torture of suspects. ii. corrupt practices iii. general unprofessionalism such as neglect of duty. A complaint can be made at a local police post, police station, District Police Headquarters, Regional Police Headquarters and at Police Headquarters itself. In cases where the complaint is against the highest ranking officer of the administrative unit, then the complaint should be taken to a higher unit. For example, where an abuse is committed by the officer- incharge of a police post, then the complaint should be taken to a higher officer at a police station to which the Police Unit is answerable. Complaints against lower ranks should be made to higher ranks. The Police Human Rights and Complaints Desk at Police Headquarters encourages the public to report abuses by the Force to the desk. A person can make a complaint on behalf of another person. However, complaints should be made on genuine and established facts. Handling of complaints by the Police Human Rights and Complaints Desk The Desk at the Police Headquarters is run by qualified lawyers and legal assistants who are police officers. The Officer in Charge of the Desk reports to the Commissioner of Police in Charge Legal Affairs who in turn reports to the Deputy Inspector General of Police. . Complaints can be received by any method convenient to the complainant. A complaint can be made: i. orally ii. in writing iii. using the hotline Tel. 041 340611 iv. by using Inspector General of Police Fax No. 041- 255630 v. by e-mail: genpol1@utlonline.co.ug The complainant is at liberty to give his particulars or not. Where the complainant wishes to be anonymous, he must provide sufficient information on the matter. On receipt of a complaint, the following is done:i. The complaint is registered in the register book ii. Investigations or inquiries are conducted iii. A report of findings is made with recommendations on the necessary course of action. Points to note You do not need an LC letter to report a case to the Police. It is however not bad if you have one It is not true that the first person to report a case to Police is the only one listened to and assisted by the Police. dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.

 The Police operates 24 hours a day, 7 days a week Whenever you report a case or any matter to Police, make sure you get a reference Number called the Station Diary (SD) Number. Keep it very well and present it when following up your case or matter. Arrests should not be resisted. Police bond should not be paid for Once given Police bond, make sure you keep reporting as instructed Citizens have an obligation to assist Police in the administration of justice Section 213 of the Uganda Constitution provides for the establishment of the Command of the Uganda Police Force as follows. (1) There shall be an Inspector General of Police and a Deputy Inspector General of Police. (2) The Inspector General and the Deputy Inspector General of Police shall be appointed by the President with the approval of Parliament. (3) The Uganda Police Force shall be under the command of the Inspector General of Police who shall be assisted by the Deputy Inspector General of Police in the performance of his or her functions. (4) In the performance of the functions under clause (3) of this article, the Inspector General of Police shall be subject to and act in accordance with the laws of Uganda; except that on matters of policy, the President may give directions to the Inspector General. (5) The Inspector General or the Deputy Inspector General of Police may be removed from office by the President. PART IIESTABLISHMENT AND FUNCTIONS. The Uganda Police Act 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. 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. (3) There shall also be a deputy inspector general who shall assist the inspector general in carrying out his or her functions. dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.

(4) The inspector general and the deputy inspector general shall, subject to the Constitution and to this Act, be appointed by the President. 6. General powers of the inspector general to make standing orders. (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. (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. (2) In this section, district includes any area declared by the inspector general as a police division, and district commander includes a divisional commander. 8. Establishment, composition and meetings of the police authority. (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. dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.

(4) The quorum of the police authority is five. (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. (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. (1) There is established a police council. (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.

dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.

(3) The quorum of the police council is ten. 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. 46. Disciplinary control of police officers. The power of disciplinary control of a police officer (a) of or above the rank of assistant commissioner shall vest in the police authority; and (b) below the rank of assistant commissioner shall vest in the police council acting through a police disciplinary court. 49. Establishment of a police disciplinary court and protection of members from legal proceedings. (1) There shall be established a police disciplinary court at every police unit. (2) For purposes of subsection (1), there shall be established police disciplinary courts, whenever a breach of the code occurs at any place and time within the jurisdiction of the following police units (a) force headquarters; (b) regional or extraregional police headquarters; (c) district or division headquarters; (d) police stations; and (e) police post or police detachment. (3) A police disciplinary court established under subsection (1) shall (a) hear and determine any disciplinary matter involving a person subject to the code; (b) have powers to award any punishment authorised by or under this Act. (4) A senior police officer or an officer in charge of a police unit or establishment shall have power to institute disciplinary proceedings against any officer under his or her command who commits a disciplinary offence.

dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.

(5) A presiding officer senior in rank to the officer in charge shall be appointed in accordance with this Act to hear and determine the disciplinary case in accordance with the rules of procedure governing the disciplinary trials as the inspector general may prescribe in the police standing orders (6) In the performance of his or her duties under subsection (3), a member of a police disciplinary court shall enjoy the same immunity and privileges as enjoyed by a magistrate. (7) Nothing in this Act shall affect the jurisdiction of any ordinary civil court to try a person for an offence triable by a police disciplinary court. 50. Categories of police disciplinary courts. The following categories of disciplinary courts may have power to arrest, try and punish anybody under their jurisdiction (a) the police council appeals court; (b) regional police courts; (c) subordinate police courts. 51. Establishment and composition of a police council appeals court. (1) There shall be established a police council appeals court which shall consist of (a) a presiding chairperson not below the rank of assistant commissioner of police; (b) two senior police officers; (c) a force political officer; (d) a police legal officer; (e) two other members appointed by the chairperson of the police council. (2) The quorum of the police council appeals court shall be five members, including the chairperson. (3) The police council appeals court shall be the highest appellate police court in the force. (4) An appeal shall be properly lodged to the police council appeals court if it is based on one or more of the following grounds (a) erroneous findings; (b) illegality of sentence; (c) any miscarriage of justice; (d) a point of law; (e) severity of punishment. (5) In conducting its business, the police council appeals court may sit at any place within Uganda. 52. Establishment and composition of regional police courts. (1) There shall be a regional police court at each regional headquarters which shall have both original and appellate jurisdiction to try and determine all disciplinary cases. (2) The regional police court shall consist of (a) a presiding chairperson who shall not be below the rank of assistant superintendent; (b) two or four other police officers not below the rank of corporal; and (c) an independent prosecutor who may be an officer of the criminal investigation department dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.

(3) The quorum of the regional police court shall be three members, including the chairperson. (4) The regional police court shall be competent to award punishments in accordance with the Schedule to this Act. (5) Where the regional police court has no jurisdiction to award a punishment, it shall convict the defaulter and submit a record of the 54. Decisions of the police appellate courts. (1) Upon the hearing of an appeal from a police disciplinary court, the appellate court, if it allows the appeal shall either (a) quash the conviction and set aside the sentence; (b) affirm the finding of guilty but vary the sentence as it deems fit; except that no punishment shall be increased or any punishment added on appeal unless the defaulter is first given a further opportunity of being heard; (c) direct a retrial on the charge in which case the appellant shall be tried again as if no trial on the charge has been held. (2) The appellate court may disallow an appeal if, in the opinion of the court to be expressed in writing, there has been no substantial miscarriage of justice; and the court shall go ahead to affirm the decision of the lower police court. 70. Complaints by the public against police officers. (1) A person is entitled, without prejudice to any other legal means of redress available to him or her, to make a written complaint as to (a) any instance of bribery, corruption, oppression or intimidation by a police officer; (b) any neglect or nonperformance of his or her duties by a police officer; (c) any other misconduct by a police officer. (2) A complaint made under subsection (1)(a) shall be addressed to the most senior police officer in charge of the district or unit to which the police officer against whom the complaint is made is stationed or to the inspector general. (3) A complaint made under subsection (1)(b) or (c) shall be made to a senior police officer. (4) The police officer to whom a complaint is made under subsection (2) or (3) shall, on receiving the written complaint, cause a full and impartial investigation to be made and (a) send a report of his or her opinion and conclusion to the person making the complaint; and (b) take such other action on the complaint as the circumstances may require. (5) A person who knowingly makes a false or malicious complaint under this section commits an offence and is liable on conviction to imprisonment not exceeding six months or to a fine not exceeding fifty thousand shillings or to both.

dopio@law.mak.ac.ug Administrative Report on Police Institutional Framework and Disciplinary Procedures, Complaints Against the Police and Functions of the Police.