Supreme court rules on prisoners’ remand
Nov 03, 2003
THE Supreme Court recently directed the trial courts to exclude the period a person may have spent on remand from the sentence imposed forthwith
By Hillary Nsambu
THE Supreme Court recently directed the trial courts to exclude the period a person may have spent on remand from the sentence imposed forthwith.
“The sentence imposed shall be definite and be treated as excluding the period a convict spent in custody while on remand,†the court directed.
Justices, Arthur Oder, John Wilson Tsekooko, Alfred Karokora, George William Kanyeihamba and Cosma Kato, made the directive when confirming the conviction against a Luweero herdsman, Issa Kabwiso recently.
The court, however, reduced the sentence of 15 years that had been imposed by the High Court and confirmed by the Court of Appeal to 10 years, excluding the five years Kabwiso was remanded.
They directed that the sentence would run from 2000 when the trial judge imposed the sentence of 15 years on him.
“We understand that even the prison authorities experience difficulties in determining remission period in cases where convicts are sentenced in similar terms where the trial judges are not definite,†the Justices said.
“We...give the following guidelines to the trial courts. When sentencing a person to imprisonment, a trial judge or magistrate should say: ‘Taking into account the period of.....(period), which the accused has already spent on remand, I now sentence the accused to a term of ...(period) imprisonment’,†the ruling said.
“Their Lorships have laid down clear guidelines to be followed by all courts when considering the period one has been in lawful custody before sentence,†the registar said in a circular to all courts, prosecutors and other persons.
THE Supreme Court recently directed the trial courts to exclude the period a person may have spent on remand from the sentence imposed forthwith.
“The sentence imposed shall be definite and be treated as excluding the period a convict spent in custody while on remand,†the court directed.
Justices, Arthur Oder, John Wilson Tsekooko, Alfred Karokora, George William Kanyeihamba and Cosma Kato, made the directive when confirming the conviction against a Luweero herdsman, Issa Kabwiso recently.
The court, however, reduced the sentence of 15 years that had been imposed by the High Court and confirmed by the Court of Appeal to 10 years, excluding the five years Kabwiso was remanded.
They directed that the sentence would run from 2000 when the trial judge imposed the sentence of 15 years on him.
“We understand that even the prison authorities experience difficulties in determining remission period in cases where convicts are sentenced in similar terms where the trial judges are not definite,†the Justices said.
“We...give the following guidelines to the trial courts. When sentencing a person to imprisonment, a trial judge or magistrate should say: ‘Taking into account the period of.....(period), which the accused has already spent on remand, I now sentence the accused to a term of ...(period) imprisonment’,†the ruling said.
“Their Lorships have laid down clear guidelines to be followed by all courts when considering the period one has been in lawful custody before sentence,†the registar said in a circular to all courts, prosecutors and other persons.