Part V – Domestic Procedures for Other Types of Co-operation

Search and Seizure

57. Request for search and seizure.
(1) Where the ICC makes a request under article 19(8), 56, 64, or 93(1)(h) of the
Statute for search and seizure, the Minister shall give authority for the request to proceed and authorise in writing, a police officer to apply to the magistrate for a search warrant if the Minister has reasonable grounds to believe that any thing relevant to an investigation being conducted by the Prosecutor or proceeding before the ICC is or may be located in Uganda.

(2) Upon an application made to a magistrate under subsection (1) by a police officer authorised under that subsection, the registrar may, if satisfied that there are reasonable grounds to believe that the thing specified in the request made by the ICC is located in Uganda, issue a warrant authorising that a police officer or any other police Officer specified in the warrant to search for and seize that thing.
(3) The magistrate may issue a warrant under subsection (2) subject to such conditions as he or she may think fit to impose.

(4) Subject to any condition specified in the warrant, a warrant issued under subsection (2) authorises the police officer executing the warrant –

(a) to enter and search any place or to stop and search any vehicle in which the thing specified in the warrant is located or held, at any time by day or night;

(b) to use such assistants as may be reasonable in the circumstances for the purpose of such entry and search;

(c) to use such force as is reasonable in the circumstances to effect entry to such place or to stop or board such vehicle, and for breaking any receptacle in which thing specified in the warrant is placed; and

(d) to search for and seize the thing,

(5) A person called on to assist a police officer executing a warrant issued under subsection (2) may exercise the powers referred to in paragraph (c) and (d) of subsection (4).

(6) A police officer executing a warrant issued under subsection (2) shall –

(a) produce such warrant on initial entry, and if required to do so, at any time there after;

(b) give to the owner of the thing seized or any other person whom he or she has reason to believe has an interest in such thing, a notice specifying –

(i) the date and time of execution of the warrant;

(ii) the name and position of the person executing the warrant;

(iii) the thing seized under the warrant.

(7)A police officer seizing a thing under the authority of a warrant issued under subsection (2) shall deliver it into the custody and control of the Inspector General of Police.

(8) The Inspector General of Police shall inform the Minister that the things has been delivered to him or her and await the Minister’s directions as to how the thing is to be dealt with.

(9) Except as otherwise provided in this section, the provisions of the Magistrate Courts Act relating to search and seizure generally, apply to a search and seize under this section.