10th November 2021

STATUTORY INSTRUMENT, 2021

THE CONSTITUTION (MANAGEMENT OF EXHIBITS) (PRACTICE)

DIRECTIONS, 2022
(Under Article 133(1)(b) of the Constitution of the Republic of Uganda, 1995)

IN EXERCISE of the powers conferred upon the Chief Justice by Article 133(1)(b) of the
Constitution, these Directions are issued this 1st day of January 2022

PART I – PRELIMINARY
1. Title
These Practice Directions may be cited as The Constitutional (Exhibit Management
Guidelines for Courts of Judicature) (Practice) Directions, 2021.

2. Application
These Practice Directions shall apply to all courts of Judicature.

3. Objectives
(1) To ensure a standard and uniform approach in dealing with exhibits during and after
investigation.
(2) To ensure the integrity of the chain of custody of evidence.
(3) To ensure that exhibits are free from violation by forces of nature.
(4) To guide judicial Officers on how to appropriately deal with the exhibits after the trial.
(5) To provide a guide on disposal of hazardous and or perishable exhibits.

4. Interpretation.
In these guidelines unless the context otherwise requires-

(a) “Ammunition” includes loaded cartridges and shells, spent casings, bullets and shot.

(b) “An Exhibit” means a paper or document produced and exhibited to a court during a
trial or an item of physical/tangible evidence that is to be or has been offered to the
court for inspection.

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(c) “Blood exhibits” includes wet blood, dried blood chips and scrapings, and blood-
stained articles.

(d) “Chain of custody” refers to the chronological and careful documentation of

evidence to establish its connection to crime from the time the exhibit was recovered
to the time of final disposal.

(e) “Contamination of evidence” is the alteration of evidence that could affect the
integrity of the original exhibit.

(f) “Digital evidence” means any information or data of value to an investigation that is
stored on, received by, or transmitted by an electronic device.

(g) “Documents” include licenses, invoices, permits and other documents in which the
officer questions their origin, authenticity or possible alterations, as well as documents
that tend to substantiate a violation.

(h) “Electronic devices” includes the GPS devices, cell phones, tablets, computers, and
digital storage devices that can retain vast amounts of information and potential digital
evidence.

(i) “Equipment and supplies” include tools, traps, nets, fishing tackle, bait, lures,
containers and other materials the officer suspects were used to take or transport
commit an offence.

(j) “Evidence” refers to the physical materials collected in the course of an investigation
for purposes of proving violations of law and establishing such violations.

(k) “Explosive” includes gunpowder, dynamite compounds, grenades and other

explosive devices.

(l) “Fracture evidence” include pieces of broken glass, fractured metal and plastic
vehicle parts, torn pieces of paper, borne chips and paint chips.

(m) “Fragile exhibits” includes finger prints, suspected body fluids, soft soil and shoeprint
in the sand, dust, mud or snow.

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(n) “Immovable exhibits” refers to articles that cannot be readily moved from the scene
because of their size, shape or make; for example: walls’ telephone poles, big sign
posts, tombs.

(o) “Investigating officer” refers to the police officer whose mandate is to compile a
police file that contains documents including witness statements, exhibit slips, scene
of crime report and sketch as drawn, photographs, postmortem reports, forensic
reports and charge sheet.

(p) “Management of exhibits” means the ability and skill to control, supervise and
preserve exhibits and make them available in justice delivery.

(q) “Poisons” refer to evidence of poisons which include poisons in liquid or powder form,
materials and methods used to deliver poisons and poison residues in blood, tissues
and organs.

(r) “Recordings” include photographic negatives, digital imagery, video tapes or digital
video recordings, and audio tapes or recordings produced by suspects, witnesses, or
investigating officers.

(s) “Scene of crime officer” refers to the police officer mandated to seal or cordon off
the crime scene, mark items found at the crime scene such as bullets, any dead
bodies, skid marks or any vehicle or motorbike, any weapons, etc and draws a sketch
map of the crime scene, takes photographs and prepares a detailed report concerning
the examined scene of crime.

(t) “Tissue and organs” include fresh, frozen, and processed meats and organs,
viscera, eggs, and decayed tissues.

(u) “Tool Marks” refers to impression or strain marks made by a tool edge coming into
contact with a relatively soft surface such as wood, plastic, or soft metals.

(v) “Trace evidence” includes minute or microscopic items of evidence such as soil
particles, glass and metal fragments, and unknown powders.

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 (w) “Weapon” means a firearm, the ammunition for firearm, and any other weapon or
implement with which a projectile can be so propelled that it can kill or injure a person.

(x) “Wound characteristics” include cut-out wounds, photographs of wounds and wound
contents.

(y) “Real exhibits” are tangible objects such as clothes, weapons, tools, vehicles, drugs
among others.

(z) “documentary exhibits” refers to exhibits which are in form of writings or drawings.

PART II- RECOVERY, MARKING, STORAGE AND PRESERVATION OF EXHIBITS

5. Recovering an exhibit
(1) The officer in charge of a crime scene shall after recovery of an exhibit record it in the
exhibit register book.

(2) The officer shall record the following particulars of the exhibit in a tabular form;
(a) The nature of the exhibit;
(b) The state of exhibit on recovery or seizure;
(c) Date when it was recovered;
(d) The person who handed over the exhibit, if any
(e) Place where it was recovered;
(f) Any person who was present when the exhibit was recovered;
(g) Signature of the person receiving the exhibit;
(h) Case reference number;
(i) The identification mark he/she has placed on the exhibit;
(j) The name of the officer who receives the exhibit for storage;
(k) The description of the exhibit (including assigned item numbers)
(l) The police station where the matter was reported.

(3) The officer may handwrite or record notes in any appropriate manner or medium.

(4) The officer shall place the original notes prepared during the seizure whether in a
written or recorded form in the exhibit envelope of the case file.

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6. Marking of exhibits
(1) The officer shall after recovery of an exhibit assigned a unique designator which must
be maintained throughout the exhibit file.

(2) The officer may use either numeric or Alpha numeric marks.

(3) The mark shall be unique and useful in identifying and distinguishing the exhibit from
others.

7. Chain of custody.
The investigating officer shall ensure that the following procedure is strictly followed in
handling an exhibit:

(a) The officer seizing the article has to issue a receipt acknowledging seizing of the thing;

(b) The receipt should bear the signature of the owner or occupier of the premises, or his
near relative, or other person for the time being in possession or control of the
premises;

(c) A certificate of seizure should be prepared and signed by the Officer and an
independent witness;

(d) Maintain a record of the movement of the exhibit amongst the officers, the experts and
the courts;

(e) The record of custody should reflect who and how the exhibit was kept;

(f) The record must show who has been in control of the exhibit since it was seized or
recovered; and

(g) The record must show who and how it was handled for analysis and who analysed it.

8. Packaging and storage of exhibits

(1) The officer, after recovering the exhibit, shall pack the exhibit in such a way that it
remains in its original form.

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 (2) As a general rule all items seized in criminal investigation must be kept in police
custody.

(3) Where the item cannot be moved into police custody due to its nature or volume or
with due to the integrity of the exhibit; in order to ensure that the chain of custody is
maintained the investigating officer shall;

(a) Take photographs or record a video or take small samples from the exhibit; or
(b) Invite the Magistrate to move to the place where the exhibit is who may order it to
be disposed of before hearing commences or take any other appropriate action.

(4) The storekeeper shall preserve the exhibit from dust, contamination, cold, heat or
other factor that may cause a change in its form.

(5) The details of the exhibit shall be captured on the exhibit slip which shall be put on
casefile and recorded in the exhibits register.

(6) The exhibit ship shall name the location of the exhibit.

9. Storage of exhibits at court.

(1) Every court shall designate a special room(s) for the purpose of storing exhibits;

(2) Every exhibit room shall have in place an exhibit register identifying information along
with location where the item has been stored or transferred;

(3) The Magistrate or Registrar shall inspect the exhibit registers and exhibit stores at the
end of every month for purposes of ensuring existence of the exhibits and disposition
where necessary;

(4) Once the exhibits have been admitted in evidence, the court shall record their
admission numbers and place of storage;

(5) The exhibit rooms shall be maintained under the exclusive control of an authorised
court officer appointed by the Registrar or Magistrate-in- charge of the station;

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 (6) There should be a record in the case file indicating that a particular exhibit has been
stored in a particular place, if other than the court’s exhibit room;

(7) Documentary exhibits should be placed in an envelope which should be sealed and
labelled with the case file number and kept in the designated place within the exhibit
room;

(8) The exhibit room should be clean, equipped with fire suppression equipment,
numbered shelves and boxes for easy reference and identification;

(9) Storage of exhibits should involve dual verification to maintain an accurate chain of
custody;

(10) Exhibits relating to drugs and money should be verified with regard to weight
and amounts through the exhibit register;

(11) All exhibits should have stickers or tags against the exhibit register, bearing the
exhibit number, the case number and the parties;

(12) All exhibits should be maintained in the original packaging and stored in a
consistent manner ensuring safety, security and easy identification;

(13) To ensure safety, the Officer in charge of the exhibit store shall prepare an
exhibits inventory on a monthly basis for the attention of the Registrar/Magistrate in
charge.

PART III: MANAGEMENT OF EXHIBITS UNDER SPECIAL CIRCUMSTANCES

10. Money
(1) Whenever possible, when collecting money as evidence, at least two officers should
work together.

(2) Both officers should count the money in the presence of the subject, if available, noting
denominations, and the serial numbers of each note.

(3) The moneys should then be placed in a sealed container immediately after counting.

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 (4) Both officers should sign the receipt issued to the subject for the money.

(5) Officers should make a record of the serial numbers on seized currency as soon
possible and place the record in the case file.

11. Drugs and Narcotics

(1) Human and veterinary drugs seized during investigations shall be disposed of at the
start of the hearing.

(2) Where the ownership or legality of such drugs cannot be ascertained at the
commencement of the hearing, the court can order their sale and take custody of the
proceeds until the right claimant is ascertained.

(3) The police officer shall, after seizing a narcotic drug or psychotropic substance, give a
notice of seizure to the owner or to the person in charge of it within fourteen days;

(4) The police officer shall on seizure of a narcotic drug or psychotropic substance invite
an analyst to weigh the substances in the presence of the accused and if represented,
in the presence of his or her advocate;

(5) During trial, samples of the narcotic drug or substance may be tendered in as
evidence.

(6) The court shall order disposal of narcotic drugs or psychotropic substances by either
destruction or forfeiture to the government through the Minister of Health.

(7) Where the time prescribed by the Narcotic Drugs and Psychotropic Substances
(Control) Act, 2016 expires without any person claiming any article seized by police,
the Minister of Health shall on application by police, issue an order that the article be
disposed of in a manner described in the order;

12. Fish
(1) Any fish or fish product seized in relation to criminal proceedings shall be sold by an
authorised officer and the proceeds shall be paid into court and disposed of in
accordance with the Fish Act cap 197.

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 (2) Any vessel engine, net line basket or appliance proved to have been used in the
commission of the offence under the Fish Act shall be;

(a) returned to the owner in the event that no person is being prosecuted within a
reasonable time, or where the person being prosecuted is discharged or acquitted
by the court;

(b) be destroyed by order of court where the person have been convicted of any
offence under the Fish Act cap 197;

(c) be returned to the owner upon serving the sentence imposed by Court or upon
dismissal of the case.

(d) Be disposed of in any other way the Court may deem appropriate.

13. Vehicles
(1) Any vehicle confiscated as an exhibit must be handed over to the police and stored at
the police premises pending the directions of court.

(2) Any forensic testing or fingerprint extraction should be done before the vehicle is
handed over to the police for storage.

14. Firearms, explosives and Ammunitions.

(1) Any firearm confiscated from a legal or illegal owner of such a firearm must be placed
in a forensic supplied plastic bag with a serial number on it, sealed, marked.

(2) If forensic testing is necessary, such firearm shall be recorded in the exhibit
book/register of the investigating officer before forwarding it to the forensic laboratory.

(3) The Judge, Magistrate or Registrar or in their absence, any authorised officer shall
order exhibits of this nature to be kept at police station armory; and

(4) The court shall, after trial, order that the firearm or ammunition be disposed of in such
manner as may be appropriate (as the inspector general of police may direct).

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15. Electronic devices.
(1) The officer collecting electronic data shall ensure that he/she is accompanied by a
person with basic knowledge in ICT.

(2) The Officer shall ensure that the computer system or any other similar device is
operating properly or if it was not, the fact of its not operating properly cannot affect
the integrity of the data or the records stored on the system.

(3) The officer shall file a statement stating the circumstances the information on the
electronic device was collected or recorded.

(4) The experts analysing the computer system shall also provide a statement confirming
that the evidence was collected or recorded in conformity with Electronic Transactions
Act, 2011.

16. Wet blood

(1) The officer shall collect blood as a stain on a piece of air dried, clean white cloth that
has been thoroughly rinsed to remove soap.

(2) The officer shall allow blood stains on the cloth or other transportable items to dry
indoors before he/she packages the stains in paper bags or envelopes but not plastic
bags.

(3) A sample of fresh blood may be preserved in a test-tube or other device and store at
a recommended temperature in an appropriate laboratory.

17. Other perishable goods

(1) The police officer shall on seizing a property that is subject to speedy or natural decay
notify the Magistrate within the jurisdiction as soon as possible;

(2) If the Magistrate is of the opinion that the property is subject to speedy or natural decay
order its immediate sale for the benefit of the owner and the proceeds to be deposited
in court.

18. Minerals

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 (1) The court shall order storage of exhibits of this nature in exhibit room at the court
registry or at the ministry responsible for minerals depending on the circumstances of
the case; and

(2) Upon determination of the case the court shall order disposal of exhibits by order of
confiscation.

19. Fauna and Flora

(1) Any live animal or plant, which is confiscated during investigation proceedings must,
after recording its details, be handed over to the Uganda Wild Life Authority and the
recorded notes and photographs be placed in the case file.

(2) If any dead animal or plant is exhibited, the officer in charge shall take photos of such
exhibit and have the exhibit disposed of as the court may direct depending of the
circumstances of each case.

(3) Where obtaining an order of court may not be feasible in a short time, the officer in
charge of the exhibit may seek disposal directions of the Head of the police station.

20. Domestic Animals

(1) Living animals, carcasses, animal tissues or products may be preserved for use in
evidence.

(2) The court shall order custody or disposal of animal goods at the earliest opportunity
before commencement or during trial depending on the circumstances of the case.

(3) Where possible the court shall order the animal to be under the custody of the
claimant, or any other person as the court may determine until determination of the
case; and

(4) At the conclusion of the case, the court shall order the disposal of the exhibit by way
of sale or destruction or may order its return to the owner.

21. Explosives and other dangerous Exhibits

Explosives and other dangerous exhibits such as petrol, kerosene, poison, bombs and
other dangerous substances must be treated with great care to ensure this:

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 (a) The court shall order the fire brigade police department or any other appropriate
agency to transfer such exhibits to the department for storage;

(b) The police and the prosecutors shall tender the exhibits in court by samples;

(c) The court shall order storage or disposal of exhibits before commencement or
during the trial depending on the nature of the exhibit.

22. Where exhibits cannot be brought to court

(1) The court may order that exhibits that cannot be brought before court be stored by the
respective authority, agency or individual, and be availed for inspection by court; and

(2) Upon determination of the case the court shall order disposal of the exhibits depending
on the nature of the exhibit.

23. Exhibits in more than one case or court

(1) Where an exhibit is required for use in more than one case in different courts, the court
may take copies, recordings or photographs of the exhibit and shall take note of that
fact in the exhibit register.

(2) The material exhibits of this nature may be stored in the court where the exhibit was
first admitted.

(3) The last court where the exhibit was admitted shall order disposal upon determination
of the case or as may be appropriate.

24. Exhibits in extradition cases

(1) The court shall admit and store exhibits in a manner and procedure that the foreign
country (requesting state) wishes to be followed, as far as may be known;

(2) Where the requesting state has not provided the manner and procedure for taking
exhibits, the court shall admit and certify the exhibits and send the same to the
Attorney General for transmission to the requesting state.

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 (3) Exhibits which cannot be moved shall be managed in accordance with the guidance
of the requesting court.

PART IV- TENDERING OF EXHIBITS

25. Who may tender exhibits
(1) Exhibits may be introduced in court during hearing by a party, an attorney, legal
counsel or prosecutor.

(2) Exhibits may, during hearing, be tendered through the following;

(a) The maker or author of an exhibit;
(b) Custodian of the exhibit;
(c) Actual or special owner;
(d) Arresting, searching or investigating officer;
(e) An officer from a corporate entity to which an exhibit relates; or
(f) Any person with sufficient knowledge of the exhibit.

26. Procedure for tendering exhibits in court.

Exhibits shall be tendered in court through the relevant witnesses during Examination-in-chief
as follows;
(1) The witness is sworn in on oath if he or she chooses to;

(2) The Court ensures that the witness lays foundation evidence for tendering the exhibit
such as how the exhibit is connected to the case and how it came in his possession).

(3) Questions are put to the witness to establish;

(a) the competence of the witness;
(b) the relevance of the exhibit to the facts in issue;
(c) the authenticity of the exhibit;
(d) the chain of custody of the exhibit;
(4) Counsel seeks leave of court to show the exhibit to the witness for identification
through the court clerk.

(5) If the exhibit cannot be brought in the court room, counsel asks the court to move to
the exhibit outside the court house;

(6) Counsel shows the exhibit to the witness to;

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 (a) Establish the witness’s familiarity with exhibit or scene portrayed whether it is a
photograph, film, or video clip;
(b) Prove conclusively that the object has not been switched, altered or tampered
with;
(c) Identify the unique marks on the exhibit.

(7) Counsel then seeks leave of court to tender the exhibit in evidence for court to mark
it and rely on it as an exhibit.

(8) Court then ascertains whether the adverse party has any objection to the
admissibility of the exhibit.

(9) Where the adverse party objects to the admissibility of the exhibit;
(a) He or she shall submit on the points of law or fact in support of his objection;
(b) Then the party tendering the object submits in rejoinder;
(c) The presiding Judicial Officer makes a ruling on the admissibility of the exhibit.

(10) Where there is no objection or where the objection has been overruled, the
court makes a ruling admitting the object.

(11) Once the exhibit is admitted, the Judge or Magistrate will mark it and endorse
on it the exhibit Number, his/her initials and the date.

(12) Where the exhibit is one for which the court can take judicial notice or one which
is tendered with consent of both parties, the Court may admit it and hear
observations from the parties, thereafter or during final submissions.

PART V: DISPOSAL OF EXHIBITS

27. Disposal of exhibits

(1) Perishable exhibits shall be disposed of at the earliest time the accused is arraigned
in Court upon a charge;

(2) Where parties are both represented, the parties may be allowed to view the exhibits
from their point of custody, take necessary notes and agree to the disposal plan.

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(3) The memorandum signed by both counsel/parties shall be filed in court during the
preliminary hearing as an agreed fact, but the parties will still be free to make
submissions on the efficacy or relevance of the exhibit.

(4) Exhibits should not be released or destroyed until the right of appeal is exhausted.

(5) Exhibits shall be disposed of by order of court before, during or after the trial depending
on their nature.

(6) If no order has been made by court to dispose of any exhibit in accordance with any
enactment, the Judicial Officer responsible may;

(a) On application either by a police officer in charge or by a claimant of the property,

make an order for the delivery of the property to the person appearing to be the
owner of the property.

(b) Where a Judicial Officer makes an order under paragraph (a) for the delivery of
any property to the owner-
(i). If the owner of the property is present in court when the order is made, he or
she shall be informed of the date on or before which he or she is required to remove
the property from the possession of the police officer or from court; or
(ii). If the owner of the property is not present in court when the order property from
the possession of the police officer within twenty-one days from the date of service
of the notice on him or her.

(7) If the owner of property in respect of which an order has been made under
subparagraph (3) fails to remove the property from the possession of the police officer
on or before the date specified in the order or notice, the Judicial Officer may order the
property to be sold;

(8) The proceeds of any sale under subparagraph (4) shall remain in such custody as the
court shall direct and the Judicial Officer shall cause a notice of the sale to be
communicated to the owner, if known, or posted in a conspicuous place at his or her
court and at the police station within his or her jurisdiction.

(9) If any property seized remains unclaimed: -

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 (a) the police officer in charge shall furnish an inventory or description of it to the
Judicial Officer of court.
(b) the Judicial Officer shall detain or give orders for the detention of the property and
shall cause a notice to be posted in a conspicuous place at his or her court and at
the police stations within his or her jurisdiction specifying the property and calling
upon any person who may have any claim to it to appear and establish his or her
claim within six months from the date of the notice.
(c) if within six months from the date of the notice no person establishes his or her
claim to the property, the property may be sold or destroyed by order of court.

(10) If the exhibit is to disposed of by burning or burying, the person disposing shall;
(a) Take photographs of the exhibit;
(b) Record the serial number, if any, on the exhibit;
(c) Write a report of the method used; and
(d) Issue a certificate of destruction

ALFONSE CHIGAMOY OWINY – DOLLO,

Chief Justice/Chairperson Rules Committee

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