MOTION IN ARREST OF JUDGMENT (section 95 - T.I.A cap 23)
MOTIONS IN ARREST OF JUDGMENT Section 95 of the Uganda Trial on Indictments Act (as amended) cap 23 provides that; "The accused person may at any time before sentence, whether on his or her plea of guilty or otherwise move in arrest of judgment on the ground that the Indictment does not, after any alteration which the court is willing and has power to make, state any offence which the Court has power to try" Important to note is that the T.I.A cap 23 allows prosection to make alteration to an indictment for as long as it does not occasion an injustice to the accused or defence's case. More to this, prosecution should take caution not to make an alteration whereby the evidence in the summary of the case is insufficient to support the offence. It is on this background that a motion in arrest of judgement may arise at any time of the trial before sentence. When a defendant has been convicted of a criminal offense, the defendant may seek relief from his or her conviction b