2. To appoint Chief Magistrates and other Magistrates of all grades.
3. To be consulted before the appointment of Chairperson, Vice Chairperson and Registrar of the Electricity disputes tribunal.
4. To advise the Chief Justice on the appointment of Chairpersons and Members of Land Tribunals.
5. To appoint and confirm in appointment persons who hold or act in any Judicial Office as Parliament may provide.
6. To be consulted before the appointment of Chairperson of Tax Appeals Tribunal.
7. To Discipline Judicial Officers.
8. To remove Judicial Officers (other than those listed from a-e above) from office.
 [A Judicial Officer is a judge or any person who presides over a court or tribunal  however  described and also includes the Chief Registrar or a Registrar of a Court and any other person  holding any office connected with a court as may be prescribed by law].
9. To review and make recommendations for terms and conditions of service of Judges and other Judicial Officers.
10. To prepare and implement programmes for the Education of and for the dissemination of information to Judicial Officers and the public about law and the administration  of Justice.
11. To receive and process people’s recommendations and complaints concerning the Judiciary and the administration of Justice generally.
12. To act as a link between the people and the Judiciary.
13. To advise the Government on improving the administration of justice.

Q. How can the judicial service commission help you?

• By receiving and processing your complaints or recommendations about the judiciary and the administration of justice thereby involving you in the improvement of the judiciary and the administration of justice generally. The Commission listens.
• By carrying out Civic Education programmes to improve your knowledge of the law and Administration of Justice.
• By creating awareness regarding peoples rights so as to give direction on how the public can access Justice.
• By helping create a corrupt free public through anti corruption campaigns as the public would know how to receive judicial services as of right and thus there would be no need to bribe any one.
• By disciplining judicial officers found guilty of malpractice.
• By promoting development, enabling the public to eradicate poverty through improved access to justice and by promoting judicial ethics and integrity among judicial officers.

Q. How is my complaint or recommendation processed?

A. Write a complaint/recommendation addressed to the Secretary Judicial Service Commission at The Farmers House, Plot 6-8 Parliamentary Avenue, P.O. Box 7679 Kampala or alternatively place your complaint/recommendation in the Complaints/Suggestion boxes found at the office of the Chief Administrative Officer (CAO) from where it will be collected.

Collection of complaints/recommendations is done regularly by Commission Officers who are the only ones authorised to open the said boxes.

If your complaint/recommendation is oral and you have approached the office of the Chief Administrative Officer you will be helped to have it reduced into writing.
    
It is important to note that your complaint/recommendation must relate to
i) Courts
ii) Tribunals
iii) The administration of Justice.
If your complaint is found out side i, ii, and iii above, it shall be rejected and you will be notified in writing.  The Commission will however direct you to where you can best be served.

Your complaint/recommendation must clearly indicate your address or physical location so that you can be contacted easily.

In the case of complaints, they must be against persons appointed by The JSC or those appointed on the recommendation of the JSC.
What must the complaint/suggestion be about?
The Complaint may be based on any one or more of the grounds below;

• Improper conduct by judicial officers,
•  Corruption and abuse of office
•  Neglect/dereliction of duty, and
•  The administration of justice.

Q. What must all written complaints contain?

• The full names, age, sex, address, physical location and occupation (if any) of the complainant. If the complainant is not an individual, the organization or institution or group of persons must give their full particulars.
• The complainant must be identified even if he or she wishes to remain anonymous. The Commission shall take measures to protect the identity of the complainant if need be.
• The complainant must allege facts of improper conduct within his/her personal knowledge or verifiable sources of information from identifiable witnesses or documents and dates of the acts complained about must be disclosed.
• The complaint must be written in plain polite language without insults directed at the person or institution complained about. Complaints should not be vexatious or founded on trivialities.
  Is there a time Frame within which a complaint should be made?
• A complaint must be made to the Judicial Service Commission within three years of the act complained of.

Q.What form does a complaint/suggestion take?

A. Complaint/suggestions made to the JSC may either be oral or written provided always that all oral complaints/suggestions are reduced in writing in accordance with the prescribed complaints/suggestions form or in form of a letter based on those lines.

Q. Who can help you write a complaint/suggestion?

A. For those unable to write, an oral complaint may be made to the authorized person at the Commission’s offices. The person receiving an oral complaint will reduce it into writing and may ask the complainant to finger print it.
In case of complaints from the countryside, the Commission has a working relationship with some government offices which may receive such complaints on behalf of the Commission and these include offices of:-

Chief Administrative Officers(CAOs)

Persons in the above mentioned Institution can help you have the complaint/suggestion reduced in writing.

Q. Where can I Lodge a complaint or suggestion?

A. Complaints may be lodged at the headquarters of the Judicial   Service Commission. The headquarters are located on the Ground Floor, Farmers House, Plot 6/7 Parliamentary Avenue, P.O. Box  7679 Kampala.
B.    Up country complainants may deposit their complaints in the Complaint/Suggestion boxes at the office of the Chief Administrative Officers.

Q. Who may be a Subject of Complaint?

A. All manner of persons may make a complaint to the Judicial Service Commission against any category of judicial officials stated below;

• Justices of the Supreme Court , Court of Appeal and Judges of the High Court.
• The Chief Registrar or a Registrar of any Court, Deputy Registrar and Assistant Registrar.
• Chief Magistrate, Magistrate Grade 1 and Magistrate Grade II
• Chairpersons and members of Land Tribunals.
• The Chairperson and members of the Electricity Disputes Tribunal.
• Any such other person holding any office connected with or employed in any of the institutions, concerning dispensation of justice or a Court as may be prescribed by Law.

Q. Who can file a complaint?

i.)  Any individual, persons, organization or institution aggrieved by improper conduct of a judicial officer or with a complaint concerning the Judiciary and /or the administration of justice may make a complaint to the Judicial Service Commission.
ii.)  If the aggrieved party cannot make a complaint on his or her own behalf, a relative, friend, legal representative may submit a complaint on his/her behalf.

Q.Do I have a right to know the person questioning me?

A. A person may ask the officer for his/her identity document, showing his name and photograph before answering. If the officer refuses to show it, the person need not give his or her name and address. Even plain clothes Police must carry identity documents. If the Police officer identifies himself the person must give his or her name and address. Failure to do so may result into being detained.

Q. What if I do not want to say anything more than names and address?

A. Police may not force you to answer further questions. The person may agree to answer further questions or agree to do so only in the presence of his or her lawyer. Whenever possible, it is wise to consult a lawyer before deciding. However, since most people do not have money to have a lawyer, attempts should be made to get legal aid services where that is possible. Where it is not possible to secure legal aid services, the suspect should try to answer those questions that will not incriminate him or her.

Q. Is Police allowed to Assault people?

A. The Police are not allowed to assault people for failing to answer questions or refusing to make statements although, they may use reasonable force against people who resist arrest. If a person is assaulted, he or she should report the assault to a senior Police officer, see a doctor and a lawyer as soon as possible. The assaulted person should also tell the Magistrate when he or she appears in court.

Q. What is reasonable force?

A. This is the force used in effecting an arrest that should not exceed what is necessary to stop the person from resisting or running away.
What is the aim of an arrest?
Usually, a person may only be arrested in order to be taken to court on a criminal charge or as a suspect in a criminal investigation. An arrest for any other purpose is unlawful. For example, an arrest with the purpose of frightening or intimidating a person is illegal. An arrest is a serious interference with a person’s freedom. Therefore, an arrest is only lawful when it is allowed by law and follows proper procedures. People may be arrested with or without a “Warrant of arrest”, depending on the circumstances.

Q. When is an arrest unlawful?

A. An arrest will be unlawful for example where:
a) There are no reasonable grounds for suspecting that the person has committed a crime.
b) The purpose of the arrest is not to take the person to court to stand trial, but to merely intimidate the person.
c) The person is not told why he or she is under arrest, and the person is not caught committing the crime.

Q. What is a warrant of arrest?

A. This is a document giving a Police officer power to arrest a person and to bring him or her before the court.

Q. Who issues a warrant of arrest?

A. It is usually issued by a Magistrate or a judge or an authority with the power of the High Court.
How does one know that he or she is arrested with a warrant of arrest?
The person arrested with a warrant of arrest has a right to ask the police officer to see the warrant, which the Police officer must show.

Q. When can a police officer arrest without a warrant?

A. A Police officer may only arrest a person without a warrant if the Police officer witnesses a crime or is acting upon “reasonable suspicion” which is a reasonable belief based on some facts, that the person has committed a crime. For example, the Police receive a report about a bank robbery and a Police officer sees a woman who fits the description of the bank robber waving a gun and running away from the bank. The Police officer would be acting on a reasonable suspicion if he stopped the woman and arrested her.

Q.Can Police use force when effecting an arrest?

 A. If the person being arrested resists or tries to run away after becoming aware of the arrest, the Police may use force. When force is used, it must be reasonable.

Q.What is reasonable force?

A. This is the force used in effecting an arrest that should not exceed what is necessary to stop the person from resisting or running away.

Q. What is the remedy available to a person arrested unlawfully?

A. The arrested person may sue the Police officer and/or the government for damages.

Q.Can a citizen or private person arrest a person?

A. Citizens or private people may arrest people who commit or attempt to commit serious crimes in their presence or whom they reasonably suspect of having committed serious crimes. For example, a private citizen may arrest people fighting, maliciously damaging property, committing public violence or those who try to escape arrest.

Q.Are the rights of people under arrest taken away from them?

A. Persons under arrest enjoy protection of the law. Being under arrest takes away a person’s liberty to move freely or do as he or she may want. However, the arrest does not deprive the arrested person of his or her fundamental rights considered essential for a person’s dignity and right humane treatment.

Q.What are my rights under the Constitution when I am arrested?

A. The rights of a person under arrest are:-

•  Be kept in a place authorized by law.
•  Be entitled to apply for an order of habeas corpus. (To be produced before court whether dead or alive).
•  Not to be kept in custody for more than 48 hours before being produced in court. (The 48 hours do not include week-ends and public holidays).
•  Be informed immediately in the language the person understands the reasons for his or her arrest.
•  Be informed of his or her right to a lawyer of his or her choice at the arrested person’s expense.
•  Be allowed access to medical treatment including private medical treatment, at the request and cost of the detained person.
•  Be entitled to apply to court to be released on bail.
•  Be entitled to apply to the Police officer-in-charge of the station to be released on bond.

Q. What is a search warrant?

A. This is a court order obtained from a Magistrate who has been persuaded that there is “a reasonable suspicion” that a crime has been committed and that he or she should allow the search of any building, vessel, carriage, box, receptacle or place. A police officer must convince the Magistrate on oath that, there is a reasonable suspicion which justifies the search.

Q. Can Police search and seize property with out a search warrant?

A. The law allows a police officer to stop, search, or detain a vehicle, vessel or aircraft if he or she has reason to suspect that it contains stolen property or property unlawfully obtained. In the same way and for the same reason a police officer can stop and search any person and seize any property found on the person searched.

Q. What is bail?

A. Bail is security or assurance given to court that the accused will attend his or her trial on the day appointed or whenever court requires him or her if released from custody as the case continues.

Q. Why should bail be granted?

A. The main reason why bail should be granted is that 

•  The accused is innocent until proven guilty in court. It is therefore unfair to keep him or her in jail without trial.
•  Due to the long time taken between when the accused is charged in court and the final disposal of the case.

Q.What are the conditions or considerations for granting bail?

A. In deciding whether bail should be granted or not, the Court takes into account the following matters.

• The nature of the offence. (type or kind of the accusation or crime).
•  The character of the accused ( whether the accused is likely to turn up for the trial or not)
•  The antecedents (criminal history) of the accused if known.
•  The gravity (seriousness) of the offence and the severity (harshness) of the punishment in case of conviction. A conviction is when the accused is found guilty.
•  Whether the applicant has a fixed place of abode (an established or permanent home within the area of the court’s jurisdiction).
•  Whether the accused is likely to interfere with state witnesses.

Q.Must money be paid before one is released on bail?

A. The accused is bound to pay a sum of money fixed at the discretion of the court if he or she fails to appear for trial. The sum can be in cash or bond. Where the sum fixed is in a bond form, then no cash is paid but in case the accused fails to appear before court, he is bound to pay the bonded sum on his or her arrest. Where money is paid in cash, a receipt must be given.

Q. What happens if bail is not granted?

A. The reasons for refusing bail must be given and the applicant informed of the right to apply to the Chief Magistrate or High Court.

Q.Must bail be granted with sureties?

A. Courts have power to grant bail with or without sureties. In addition to sureties, the Court may ask the accused to deposit with it an important document such as a passport, a land title or any article it deems valuable or important enough to compel the owner to turn up for trial.

Q. Who is a surety?

A. A surety is a person who gives a guarantee to court that the accused will turn up for his or her trial if released on bail. He accepts the responsibility to pay a fixed sum of money to government if the accused does not appear. He must be an adult of sound mind and of good standing in society.

Q. Must a surety be a relative of the accused?

A. A surety needs not be a relative or friend of the accused. He has a duty to court to explain the whereabouts of the accused if he or she absconds and ensure that the accused turns up for the trial.

Q What is the difference between bail and police bond?

A. Any person arrested and taken to a police station for breaking the law may be released until the police completes its findings. The guarantee that he or she will turn up whenever required to do so by the police is known as police bond. No money is paid on police bond. If a police officer asks for money to release one on bond, report the officer to higher police authorities. Whereas bail is release of an accused person by court before completion of the case on the understanding that the released person will turn up for his or her trial or whenever required. The accused will be required to give security inform of cash or some other property.

Q. Who may apply to court for bail?

a) The accused may tell court in respectful words that he or she requests to be released on bail and that he or she will turn up for the trial or appear before court whenever required to do so.
b) The accused’s Lawyer where there is one.