LDC Criminal Procedure Practice Questions - Uganda LDC Bar Course - Criminal Procedure Exam

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Under Article 23(4) of the 1995 Constitution of Uganda, a person arrested or detained upon suspicion of committing a criminal offense must be brought before court within a maximum of 48 hours. What is the legal status of custody if this 48-hour period expires on a weekend or public holiday?

The police may lawfully detain the suspect until the next working day when courts open. The detention becomes unconstitutional, and the police must release the suspect on police bond or produce them before a magistrate. The 48-hour limit is suspended and only begins running again on the next working day. The officer in charge of the station can sign a 24-hour detention extension waiver.

Correct Answer:

The detention becomes unconstitutional, and the police must release the suspect on police bond or produce them before a magistrate.

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