Si 59 2
Si 59 2
Si 59 2
Arrangement of Rules.
Rule
PART I—PRELIMINARY.
1. Citation.
2. Interpretation.
3. Procedure in family and children court.
4. General principles.
5. Jurisdiction.
6. Suits for property.
7. Plaintiff and defendant in different jurisdictions.
8. Objection to jurisdiction.
9. Institution of suits.
10. Service on defendant.
11. Service of documents.
12. Power to order discovery and the like.
13. Summons to witnesses.
14. Penalty for default.
15. Judgment and decree.
16. Interest.
17. Costs.
18. Execution of judgments, orders, etc.
PART V—MISCELLANEOUS.
33. Appeals.
34. Fees and costs.
35. Security for costs.
36. Appeals by a poor child.
Schedule
Schedule Forms.
THE CHILDREN ACT.
PART I—PRELIMINARY.
1. Citation.
These Rules may be cited as the Children (Family and Children Court) Rules.
2. Interpretation.
The procedure of the family and children court as set out in these Rules is
subject to section 16 of the Act.
4. General principles.
(2) The procedures provided for in subrule (1) of these Rules are
subject to the following—
(a) as far as possible, the court shall be so arranged that the
magistrate presiding sits at the same table with—
(i) the child;
(ii) the child’s parent or guardian;
(iii) the child’s legal representative if any;
(iv) the complainant or the prosecutor, who shall not appear in
uniform; and
(v) any other person permitted by the court such as the
probation and social welfare officer;
(b) evidence shall not be given from the witness box; and
(c) in any particular case, special safety precautions may be taken as
the magistrate presiding may deem fit.
5. Jurisdiction.
Subject to the Act and any other written law, the court shall have jurisdiction
in the trial and determination of all causes and matters of a civil nature
concerning children where the child resides or where the cause of action
arises.
(1) Where the relief being sought is in relation to property, the suit
shall be instituted in the court within the local limits of the jurisdiction in
which the property is situated.
8. Objection to jurisdiction.
Where a defendant objects to the jurisdiction of the court and the objection
is upheld, the case shall be referred to the court with proper jurisdiction; but
if the objection is rejected, the court shall record the objection and the
reasons for rejecting it, and proceed with the trial of the case.
9. Institution of suits.
Every suit shall be instituted in the manner prescribed by the Civil Procedure
Rules or in the Third Schedule to the Magistrates Courts Act, as the case may
be.
Where a suit has been duly instituted, service on the defendant shall be in the
manner prescribed by the Civil Procedure Rules or in the Third Schedule to
the Magistrates Courts Act, as the case may be.
The court may, at any time, either on its own motion or on the application of
any party—
(a) make such orders as may be necessary or reasonable in all
matters relating to the delivery and answering of interrogatories,
the admission of documents and facts and the discovery,
inspection, production, impounding and return of documents or
other material objects adducible as evidence;
(b) issue summonses to persons whose attendance is required either
to give evidence or to produce documents or such other material
objects referred to in paragraph (a) of this rule; or
(c) order any fact to be proved by affidavit.
The court may compel the attendance of any person to whom a summons has
been issued under rule 12(b) of these Rules and for that purpose may—
(a) issue a warrant for the arrest of that person;
(b) order the attachment and sale of the property of that person to
such amount as it thinks fit, not exceeding the amount of the
costs of attachment and of any fine which may be imposed under
paragraph (c) of this rule;
(c) impose a fine on that person not exceeding one hundred thousand
shillings; or
(d) order that person to furnish security for his or her appearance and
in default commit that person to prison for a term not exceeding
three months.
The court, after the case has been heard, shall pronounce judgment, and on
the judgment, a decree shall follow; but where the defendant has not filed a
defence, the court may give judgment for the plaintiff in default.
16. Interest.
(2) Where the decree is for the payment of money, the court may, in
the decree, order interest at such rate as the court deems reasonable to be paid
on the principal sum adjudged from the date of the institution of the suit to
the date of the decree in addition to any interest adjudged on the principal
sum for any period before the institution of the suit, with further interest at
such rate as the court deems reasonable on the aggregate sum so adjudged
from the date of the decree to the date of payment or to such earlier date as
the court thinks fit.
17. Costs.
(2) The court may give interest on costs at a rate not exceeding 6
percent per year, and the interest shall be added to the costs and shall be
recoverable as such.
The execution of judgments, decisions, decrees and orders given under this
Part and any other Part of these Rules shall be in accordance with section 111
of the Act.
(1) A person seeking any of the orders listed in subrule (2) of this
rule shall apply to court supported by an affidavit, and any reports or
documents to be relied upon shall be attached to the application.
The court shall have the criminal jurisdiction set out in section 93 of the Act.
(1) Where a child appears before a court, charged with any offence,
the magistrate presiding over the court shall inquire into the case and unless
there is a serious danger to the child, release the child on bail—
(a) on a court bond on the child’s own recognisance; or
(b) with sureties, preferably the child's parents or guardians who
shall be bound on a court bond, not cash.
(2) If bail is not granted, the court shall record the reasons for refusal
and inform the child of his or her right to apply for bail to a chief
magistrate’s court or to the High Court, as the case may be, and the court to
which the child applies shall adopt the procedure prescribed by this rule.
(3) Where a child is not released on bail, the court may make an order
remanding or committing the child in custody—
(a) in a remand home to be named in the order, situated in the same
area as the court making the order; or
(b) in any establishment declared by the Minister as a remand home
under section 91(8) of the Act.
(5) For the purposes of these Rules, a place of safe custody shall be
a place which the court considers fit to provide good care for the child and
assures that the child shall be brought to court when required and shall not
associate with an adult detainee.
(1) A child who escapes from a remand home or other place of safe
custody in which the child is detained may be arrested with or without a
warrant and returned to that place.
(2) Where the child notifies the arresting officer that he or she wishes
to apply to the court that made the order to vary the terms of detention or
remand on the grounds of abuse, mistreatment or neglect, the arresting officer
shall take the child before the court; and the court shall consider the
complaint in the presence of the person responsible for the remand home and
make such order as it thinks just.
Where the charges brought against a child are of a minor nature, the court
shall conduct the trial by summary procedure as laid down in section 142 of
the Magistrates Courts Act.
Where the court decides to conduct a trial by full procedure, the following
shall apply—
(a) where the court ascertains that the plea is unequivocal and the
facts relied on by the prosecutor are understood and accepted by
the child, the court may record that the child has admitted the
charge; but if the charge has not been admitted, the court shall
proceed to try the issues raised by the charge;
(b) the court shall explain the issues for trial in a language which the
child understands and whether or not the child is represented by
counsel, admissions may be made as to facts put forward by the
prosecutor, and recorded specifically by the court;
(c) the prosecutor shall produce his or her witnesses, who in the case
of an adult, shall be examined in accordance with the rules of
procedure in the Magistrates Courts Act and the Evidence Act;
but in the case of a child, it shall be sufficient if the court, having
examined the child and found that he or she has sufficient
intelligence to give evidence and understands the duty to tell the
truth, permits the child to make a solemn affirmation as to the
truth of the child’s evidence;
(d) the child may be examined by inquiry, but the defence may cross-
examine the child, and the prosecutor may reexamine the witness;
(e) as far as possible, inquiry under paragraph (d) of this rule shall
not be by way of leading questions except as to formal matters
not in dispute;
(f) at the end of the prosecution case the court shall rule whether or
not the child has a case to answer in respect of the offence
charged, or any other lesser charge which may be relevant and
upon which the court may find that the offence has been proved;
(g) the court shall explain the right of defence to the child, namely,
that the child has a right to give evidence on affirmation and that
if the child does so, he or she will be liable to cross-examination
or to make a statement, not on affirmation, in which case the
child shall be asked no questions, but after the child has made his
or her election, the court shall hear the child and the witnesses if
any, and any other evidence for the defence;
(h) the court shall record the substance of the evidence and record its
findings on the issues for trial and its conclusion whether or not
the offence has been proved against the child beyond reasonable
doubt;
(i) if the charge is not proved beyond reasonable doubt, the court
shall acquit the child and set him or her free;
(j) if the charge is admitted or proved against the child, the court
shall consider the circumstances of the case, any report by the
prosecutor as to the antecedents of the child, or any report by a
probation and social welfare officer, and may make any of the
following orders—
(i) absolute discharge;
(ii) caution;
(iii) conditional discharge for not more than twelve months;
(iv) binding the child over to be of good behaviour for a period
not exceeding twelve months;
(v) compensation, restitution or fine, taking into consideration
the means of the child so far as they are known to the court;
but an order of detention shall not be made in default of
payment of a fine;
(vi) a probation order for not more than twelve months, with
such conditions as may be recommended by the probation
and social welfare officer; or
(vii) detention for a period not exceeding three months for a
child under sixteen years of age, and a period not exceeding
twelve months for a child above sixteen years of age and,
in the case of an offence punishable by death, three years in
respect of any child of or above the age of criminal
responsibility.
29. Detention in National Rehabilitation Centre for Children.
(2) If after careful consideration the court is satisfied that all other
reasonable alternatives have been tried, and that offence warrants the order,
as a last resort, the court may order detention in the National Rehabilitation
Centre for Children established under section 96 of the Act, with such
conditions as may be recommended by the probation and social welfare
officer; except that no order shall be made unless the court is satisfied that a
suitable place is available.
Where the case of a child appearing before a court is not completed within
three months after the plea has been taken, the case shall be dismissed and
the child is not liable to any further proceedings for the same offence.
(1) The court shall not make a detention or probation order until a
written social background report has been prepared by a probation and social
welfare officer, and the report shall be taken into account by the court before
making the order.
(2) The report shall include among other things the social and family
background of the child, the circumstances in which the child is living and
the conditions under which the offence was committed.
(3) The court shall ensure that the contents of the report are made
known to the child and that a copy of the report is provided for the child or
the legal representative of the child.
(4) In all other cases, the court may request an oral report.
For the avoidance of doubt, when a case has been remitted to the court from
the High Court or a magistrate’s court for trial or sentencing, the court shall
follow the appropriate procedure as set out in rules 27 and 28 of these Rules.
PART V—MISCELLANEOUS.
33. Appeals.
(1) An appeal shall lie, in a case involving the trial of a child, from—
(a) a village administrative committee court to a parish executive
committee court;
(b) a parish executive committee court to a family and children court;
(c) a family and children court to a chief magistrate’s court;
(d) a chief magistrate’s court to the High Court;
(e) the High Court to the Court of Appeal; and
(f) the Court of Appeal to the Supreme Court.
(2) The procedure of appeal to be followed in the court shall be, with
necessary modifications, similar to the procedure followed in a magistrate’s
court under the Magistrates Courts Act and the Criminal Procedure Code Act
in criminal cases and the Civil Procedure Rules in civil cases.
(2) Any sum ordered under subrule (1) of this rule may be increased,
decreased or waived in the discretion of the particular court to which an
appeal is made.
Where a child wishes to appeal and is unable to pay fees or security for costs
in a civil matter, the child may apply as a poor person in accordance with
Order XLV (Pauper Appeals) of the Civil Procedure Rules.
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Schedule.
rule 19(3).
Forms.
Republic of Uganda
Form 1.
Application.
The Children Act.
and
__________________________ _________________________________
Date Applicant
rule 20.
Republic of Uganda
Form 2.
Application for a Declaration of Parentage.
The Children Act.
and
Complaint on Oath.
Complainant __________________________________________________
Before me _________________________________
Commissioner for Oaths/Magistrate
rule 21.
Republic of Uganda
Form 3.
Summons in Chambers.
The Children Act.
___________________________________________ Applicant
versus
_________________________________________ Respondent
Given under my hand and the seal of this court on the ______ day of
_______________, 20 ____.
__________________________________
Magistrate
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Cross References
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