Section 277 of Criminal Procedure Code CAP 75: Procedure in case of previous convictions
Where an information contains a count charging an accused person with having been previously convicted for an offence, the procedure shall be as follows—
(a) the part of the information stating the previous conviction shall not be read out in court, nor shall the accused be asked whether he has been previously convicted as alleged in the information, unless and until he has either pleaded guilty to or been convicted of the subsequent offence;
(b) if he pleads guilty to or is convicted of the subsequent offence, he shall then be asked whether he has been previously convicted as alleged in the information;
(c) if he answers that he has been so previously convicted, the judge may proceed to pass sentence on him accordingly; but if he denies that he has been so previously convicted, or refuses to or does not answer the question, the court and the assessors shall then hear evidence concerning the previous conviction:
Provided that, if upon the trial of a person for a subsequent offence that person gives evidence of his own good character, the advocate for the prosecution, in answer thereto, may give evidence of the conviction of that person for the previous offence or offences before a verdict of guilty is returned, and the court and assessors shall inquire concerning the previous conviction or convictions at the same time that they inquire concerning the subsequent offence.
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- Section 278 - Effect of plea of “not guilty”
An accused person, upon being arraigned upon an information, by pleading generally thereto the plea of “not guilty” shall, without further form, be deemed to have put himself upon the country for...
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(1) An accused person against whom an information is filed may plead—
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(b) that he has obtained the President’s pardon...
- Section 280 - Refusal to plead
(1) If an accused person being arraigned upon an information stands muteof malice, or neither will nor by reason of infirmity can, answer directly to the information, the court may order the Registrar...
- Section 281 - Plea generally and application of Part IVA
(1) An accused person may plead not guilty, guilty, or guilty subject to a pleaagreement.
(2) Where an accused person pleads guilty subject to a plea agreement, theprovisions of Part IV relating to...
- Section 282 - Procedure on plea of “not guilty”
If the accused pleads “not guilty”, or if a plea of “not guilty” is entered in accordance with section 280, the court shall proceed to try the case.
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(1) If, from the absence of witnesses or any other reasonable cause to berecorded in the proceedings, the court considers it necessary or advisable to postpone the commencement of or to adjourn a...
- Section 300 - Opening of case for prosecution
The advocate for the prosecution shall open the case against the accused person,and shall call witnesses and adduce evidence in support of the charge.
- Section 302 - Cross-examination of witnesses for prosecution
The witnesses called for the prosecution shall be subject to cross-examination by the accused person or his advocate, and to re-examination by the advocate for the prosecution.
- Section 306 - Close of case for prosecution
(1) When the evidence of the witnesses for the prosecution has been concluded, the court, if it considers that there is no evidence that the accused or any one of several accused committed the offence...
- Section 307 - Defence
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- Section 308 - Additional witnesses for the defence
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- Section 309 - Evidence in reply
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- Section 310 - Prosecutor’s reply
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- Section 311 - Where accused adduces no evidence
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- Section 322 - Delivery of judgment
(1) When the case on both sides is closed, the judge shall then give judgment.
(2) If the accused person is convicted, the judge shall pass sentence on him according to law.
- Section 323 - Calling upon the accused
If the judge convicts the accused person, or if the accused person pleads guilty, the Registrar or other officer of the court shall ask him whether he has anything to say why sentence should not be...
- Section 324 - Motion in arrest of judgment
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- Section 325 - Sentence
If no motion in arrest of judgment is made, or if the court decides against the accused person upon a motion, the court may sentence the accused person at any time during the session.
- Section 326 - Power to reserve decision on question raised at trial
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- Section 327 - Power to reserve questions arising in the course of the trial
(1) When a person has, in a trial before the High Court, been convicted of anoffence, the judge may reserve and refer for the decision of a court consisting of two or more judges of the High Court any...
- Section 328 - Objections cured by verdict
No judgment shall be stayed or reversed on the ground of an objection which, if stated after the information was read over to the accused person, or during the progress of the trial, might have been...
- Section 329 - Evidence for arriving at a proper sentence
The court may, before passing sentence, receive such evidence as it thinks fit in order to inform itself as to the proper sentence to be passed.
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In this Part—
“family victim”, in relation to an offence as a direct result of which a primary victim has died, means a person who was, at the time the offence was committed, a member of the primary...
- Section 329B - Application of Part
This Part applies in relation to an offence that is being dealt with by any court, where the offence results in the death of, or actual physical bodily harm to, any person.
- Section 329C - When victim impact statements may be received and considered
(1) If it considers it appropriate to do so, a court may receive and consider a victim impact statement at any time after it convicts, but before it sentences, an offender.
(2) If the primary victim...
- Section 329D - Victim impact statements discretionary
(1) The giving of a victim impact statement is not mandatory.
(2) A victim impact statement shall not be received or considered by a court if the victim or any of the victims to whom the statement...
- Section 329E - Formal requirements for victim impact statements
(1) A victim impact statement shall be in writing and shall comply with suchother requirements as are prescribed by rules of court.
(2) If a primary victim is incapable of providing information for...
- Section 329F - Rules of court
The Chief Justice may make any rules of court necessary or expedient to be made for carrying this Part into effect.
- Section 330 - Accused to be informed of right to appeal
When an accused person is sentenced to death, the court shall inform him of the time within which, if he wishes to appeal, his appeal should be preferred.
- Section 331 - Authority for detention
A certificate under the hand of the Registrar or other officer of the court that sentence of death has been passed, and naming the person condemned, shall be sufficient authority for the detention of...
- Section 332 - Record and report to be sent to President
(1) As soon as conveniently may be after sentence of death has been pronounced, if no appeal from the sentence is confirmed, then as soon as conveniently may be after confirmation, the presiding judge...
- Section 333 - Warrant in case of sentence of imprisonment
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- Section 334 - Warrant for levy of fine, etc.
(1) When a court orders money to be paid by an accused person or by aprosecutor or complainant for fine, penalty, compensation, costs, expenses or otherwise, the money may be levied on the movable and...
- Section 335 - Objections to attachment
(1) Any person claiming to be entitled to or to have a legal or equitable interest in the whole or part of property attached in execution of a warrant issued under section 334 may, at any time prior...
- Section 336 - Suspension of execution of sentence of imprisonment in default of fine
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- Section 338 - Commitment in lieu of distress
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- Section 339 - Payment in full after commitment
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- Section 340 - Part payment after commitment
(1) If a person who is confined in prison for non-payment of a sum adjudgedby a court in its criminal jurisdiction to be paid under this Code or under any other Act pays a sum in part satisfaction of...
- Section 341 - Who may issue warrant
A warrant for the execution of a sentence may be issued either by the judge or magistrate who passed the sentence or by his successor in office.
- Section 342 - Limitation of imprisonment for non-payment of fine, etc.
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- Section 347 - Appeal to High Court
(1) Save as is in this Part provided—
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(b) Repealed by Act No. 5 of 2003,...
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No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extent or legality of the sentence.
- Section 348A - Right of appeal against acquittal, order of refusal or order of dismissal
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- Section 349 - Limitation of time of appeal
An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:
Provided that the court to which the appeal is made may for good cause admit an appeal after the...