THE CRIMINAL PROCEDURE ACT
Part 2 of 3 · provisions 201–400
This section says the Act may be cited as the Criminal Procedure Act.
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Statute overview
About this statute
This section says the Act may be cited as the Criminal Procedure Act. This section defines key terms used in the Act, including age categories, courts, police roles, prosecutors, plea agreement/bargaining, and offence types. This section mostly excludes primary courts, primary court magistrates, and certain appellate/revisional/supervisory court functions from the Act, but it also creates specific exceptions and powers. Offences under the Penal Code, and generally under other laws, must be handled under this Act, unless the other law sets a different rule for investigation, trial, or other handling. This section says the Act’s overriding objective is to achieve just, quick, proportionate, and affordable determination of matters, and courts must try to apply that objective when using the Act or interpreting it.
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Provisions of THE CRIMINAL PROCEDURE ACT
Showing 200 of 566
Part
Schedule to this Act, by a subordinate court.
- 201 Verify source ↗
(1) A public prosecutor, after consultation with the
AI-assisted research summary: A public prosecutor may enter plea bargaining before judgment, but the court must not take part in the negotiations.
201.–(1) A public prosecutor, after consultation with the victim or investigator where the circumstances so permit, may at any time before the judgment, enter a plea bargaining arrangement with the accused and his advocate if represented or, if not represented, a relative, friend or any other person legally competent to represent the accused. (2) The accused or his advocate or a public prosecutor may initiate a plea bargaining and notify the court of their intention to negotiate a plea agreement. (3) The court shall not participate in plea negotiations between a public prosecutor and the accused. (4) Where prosecution is undertaken privately, no plea agreement shall be concluded without the written consent of the Director of Public Prosecutions. [ s. 194A] Consequence of plea bargaining Act No. 11 of 2019 s. 16 - 202 Verify source ↗
Where, consequent to a plea bargaining arrangement, a
AI-assisted research summary: If a plea agreement is made in plea bargaining, the prosecutor may reduce or withdraw charges, and the accused may plead guilty or be ordered to pay compensation, make restitution, or face forfeiture.
202. Where, consequent to a plea bargaining arrangement, a plea agreement is entered into between a public prosecutor and an accused person- (a) the public prosecutor may charge the accused with a lesser offence, withdraw other counts or take any other measure as appropriate depending on the circumstances of the case; (b) the accused may enter a plea of guilty to the offence charged or to a lesser offence or to a particular count or 158 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] counts in a charge with multiple counts in exchange for withdrawal of other counts; or (c) the accused may be ordered to pay compensation or make restitution or be subjected to forfeiture of the proceeds and instrumentalities that were used to commit the crime in question. [ s. 194B] Requirements of plea agreement Act No. 11 of 2019 s. 16 - 203 Verify source ↗
(1) A plea agreement shall be in writing witnessed by
AI-assisted research summary: A plea agreement must be written, explained to the accused, accepted and signed, and an interpreter must certify accurate interpretation when used.
203.–(1) A plea agreement shall be in writing witnessed by advocate of the accused or, if not represented, a relative, friend or any other person legally competent to represent the accused, and shall- (a) state fully the terms of the agreement, the substantial facts of the matter and all other relevant facts of the case and any admissions made by the accused person; (b) be read and explained to the accused person in a language that he understands; (c) accepted by the accused person; and (d) be signed by the prosecutor, the accused person and his advocate, if represented or, if not represented, a relative, friend or any other person legally competent to represent the accused. (2) Where an accused person has negotiated with a prosecutor through an interpreter, the interpreter shall certify that he is proficient in that language and that he interpreted accurately during the negotiations and in respect of the contents of the agreement. (3) Without prejudice to the requirements set out under subsections (1) and (2), a plea agreement shall not be entered between a prosecutor and accused, without prior written consent of the Director of Public Prosecutions or any other officer authorised by him in writing. [ s. 194C] 159 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Registration of plea agreement Acts Nos. 11 of 2019 s. 16; 1 of 2022 s. 28 Procedure for registration of plea agreement Act No. 11 of 2019 s. 16 - 204 Verify source ↗
(1) Any plea agreement entered into in accordance with
AI-assisted research summary: The court must register qualifying plea agreements, check that they were voluntary and that the accused was competent, and then convict and sentence in line with the agreement if it is accepted.
204.–(1) Any plea agreement entered into in accordance with the provisions of sections 201 and 202 shall be registered by the court. (2) The court shall, before it registers any such agreement, satisfy itself that the agreement was voluntarily obtained and the accused was competent to enter into such agreement. (3) The court may pronounce a decision based on plea agreement or make such other orders as it deems necessary including an order to reject the plea agreement for sufficient reasons, except that, such rejection shall not operate as a bar to any subsequent negotiations preferred by the parties. (4) Where the court accepts a plea agreement- (a) the agreement shall become binding upon the prosecution side and the accused; and (b) the agreement shall become part of the record of the court. (5) Where a plea agreement entered into in accordance with sections 201 and 202 is accepted by the court, the court shall proceed to convict an accused person accordingly. (6) Where conviction is entered in accordance with subsection (5), the court shall proceed to sentence the accused person in accordance with the plea agreement notwithstanding the sentence specified by the provisions of the applicable law. [ s. 194D] - 205 Verify source ↗
Before the court records a plea
AI-assisted research summary: Before a plea is recorded, the court must speak to the accused in a language they understand and inform them of their rights.
205. Before the court records a plea- (a) the accused shall be placed under oath; and (b) the court shall address the accused person in court in a language he understands and shall inform him of his rights and that- (i) by accepting a plea agreement, he is waiving his right to a full trial; (ii) by entering into a plea agreement, he is waiving the right to appeal except as to the extent or legality of sentence; and (iii) the prosecution has the right, in the case of prosecution for perjury or false statement, to 160 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Offences which plea agreements shall not apply Acts Nos. 11 of 2019 s. 16; 1 of 2022 s. 29 use any statement that he gives in the agreement against him. [ s. 194E] - 206 Verify source ↗
Plea agreements shall not be entered into in any of the
AI-assisted research summary: Plea agreements must not be entered into for the listed offences and thresholds in section 206.
206. Plea agreements shall not be entered into in any of the following offences- (a) sexual offences whose punishment exceeds five years or involving victims under eighteen years; (b) treason and treasonable offences; (c) possession or trafficking in narcotic drugs whose market value is above one hundred million shillings, and for the purpose of narcotic drugs which have not been valuated- (i) narcotic drugs or psychotropic substances weighing more than one kilogram; (ii) precursor chemical and substance with drugs related weighing more than one hundred litres in liquid form or more than one hundred kilograms in solid form; and (iii) cannabis or khat weighing not more than one hundred kilograms. (d) terrorism; (e) possession of Government trophy whose value is above twenty million shillings without the consent, in writing, of the Director of Public Prosecutions; and (f) any other offence as the Minister may, upon consultation with other relevant authority and by order published in the Gazette, prescribe. [ s. 194F] Application to set aside conviction and sentence relating to plea bargaining Act No. 11 of 2019 s. 16 - 207 Verify source ↗
(1) The Director of Public Prosecutions may, in matters
AI-assisted research summary: The Director of Public Prosecutions may apply to set aside a conviction and sentence in plea-bargaining matters, and an accused person who is party to a plea agreement may also apply to set aside a conviction and sentence.
207.–(1) The Director of Public Prosecutions may, in matters relating to plea bargaining and in the public interest and the orderly administration of justice, apply to the court which passed the sentence to have the conviction and sentence procured on the grounds of fraud or misrepresentation pursuant to a plea agreement be set aside. 161 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (2) The accused person who is a party to a plea agreement may apply to the court which passed the sentence to have the conviction and sentence procured involuntarily or by misrepresentation pursuant to a plea agreement be set aside. [ s. 194G] Power to make rules Act No. 11 of 2019 s. 16 - 208 Verify source ↗
Subject to the provisions of this Part, the Chief Justice
AI-assisted research summary: Subject to this Part, the Chief Justice may make rules and give directives about plea bargaining.
208. Subject to the provisions of this Part, the Chief Justice may make rules and give directives for better carrying out the provisions of this Part relating to plea bargaining. [ s. 194H] C. - Examination of Witnesses (a) General Provisions Power to summon material witness or examine person present - 209 Verify source ↗
(1) Any court may, at any stage of a trial or other
AI-assisted research summary: A court may call, examine, or recall witnesses during a trial or other proceeding, and must do so if the evidence is essential to deciding the case. The prosecutor, accused, or the accused’s advocate has the right to cross-examine, and the court may adjourn for that purpose.
209.–(1) Any court may, at any stage of a trial or other proceeding under this Act, summon any person as a witness or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the court shall summon and examine or recall and re-examine any such person if his evidence appears to it essential to the just decision of the case. (2) The prosecutor or the accused or his advocate, shall have the right to cross-examine any such person, and the court shall adjourn the case for that purpose if it considers it necessary. [ s. 195] Evidence to be taken in presence of accused - 210 Verify source ↗
Except as otherwise expressly provided, all evidence
AI-assisted research summary: In trials under this Act, evidence must be taken in the accused person's presence unless their personal attendance has been dispensed with.
210. Except as otherwise expressly provided, all evidence taken in any trial under this Act shall be taken in the presence of the accused, save where his personal attendance has been dispensed with. [ s. 196] 162 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Evidence may be given in absence of accused in certain cases Act No. 5 of 1988 s. 8 Evidence to be given on oath Cap. 34 Refractory witness - 211 Verify source ↗
Notwithstanding the provisions of section 210, evidence
AI-assisted research summary: In some trials, evidence can be taken even when the accused is absent if the judge or magistrate finds this is needed because of disorderly conduct, or if the accused is absent for health reasons and is represented by counsel and consents.
211. Notwithstanding the provisions of section 210, evidence may be taken in any trial under this Act in the absence of the accused if- (a) the examining judge or magistrate considers that by reason of his disorderly conduct before him it is not practicable for the evidence to be given in his presence; or (b) he cannot be present for reasons of health but is represented by counsel and has consented to the evidence being given in his absence, and it shall be lawful for the court to continue with the trial and give judgment in the absence of the accused. [ s. 197] - 212 Verify source ↗
(1) A witness in a criminal cause or matter shall, subject
AI-assisted research summary: A witness in a criminal case must be examined on oath or affirmation, unless another written law says otherwise. If an accused person stays silent when examined, the court may draw an adverse inference and the court and prosecution may comment on the failure to give evidence.
212.–(1) A witness in a criminal cause or matter shall, subject to the provisions of any other written law to the contrary, be examined upon oath or affirmation in accordance with the provisions of the Oaths and Statutory Declarations Act. (2) Where an accused person, upon being examined, elects to keep silent, the court shall have the right to draw an adverse inference against him and the court and the prosecution may comment on the failure by the accused to give evidence. [ s. 198] - 213 Verify source ↗
(1) Whenever any person, appearing either in obedience
AI-assisted research summary: If a required witness refuses to swear, answer, produce documents, or sign depositions without a sufficient excuse, the court may adjourn the case and commit the person to prison.
213.–(1) Whenever any person, appearing either in obedience to a summons or by virtue of a warrant, or being present in court and being verbally required by the court to give evidence- (a) refuses to be sworn or affirmed; (b) having been sworn or affirmed, refuses to answer any question put to him; (c) refuses or neglects to produce any document or thing which he is required to produce; or (d) refuses to sign his depositions, without, in any case, offering sufficient excuse for such refusal or neglect, the court may adjourn the case for a period not exceeding eight days and may in the meantime commit him to prison, unless he sooner consents to do what is required of him. 163 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (2) Where such person, upon being brought before the court at or before an adjourned hearing, again refuses to do what is required of him the court may, if it sees fit, again adjourn the case and commit him for the like period; and so again from time to time until he consents to do what is so required of him. [ s. 199] Procedure where accused is only witness called for defence - 214 Verify source ↗
Where the only witness to the facts of the case called by
AI-assisted research summary: If the defence’s only factual witness is the accused, the accused must be called after the prosecution closes its evidence. The court may also adjourn the hearing to a time and place it sets, in the accused’s presence and hearing.
214. Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness after the close of the evidence for the prosecution, but it shall be lawful for the court in its discretion to adjourn the hearing of the case to a certain time and place to be then appointed and stated in the presence and hearing of the person charged. [ s. 200] Right of reply Act No. 1 of 2008 s. 31 Certificate regarding preparation of photographic prints, etc., receivable in evidence Act No. 11 of 2023 s. 21 - 215 Verify source ↗
In cases where the right of reply under section 315
AI-assisted research summary: The prosecution does not get a right of reply just because the accused was called as a witness, but the Attorney General, Deputy Attorney General, Director of Public Prosecutions, or someone acting under their instruction does have that right in all cases.
215. In cases where the right of reply under section 315 depends upon the question whether evidence has been called for the defence, the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply save that the Attorney General, the Deputy Attorney General and the Director of Public Prosecutions or a person acting under his instruction for the prosecution shall in all cases have the right to reply. [ s. 201] - 216 Verify source ↗
(1) In any inquiry, trial or other proceeding under this
AI-assisted research summary: A certificate meeting the stated form and signed by an officer appointed by the Director of Public Prosecutions is evidence of the facts in it; the court may treat the signature as genuine and may summon the certificate giver in some cases.
216.–(1) In any inquiry, trial or other proceeding under this Act a certificate in the form in the Third Schedule to this Act, given under the hand of an officer appointed by the Director of Public Prosecutions for the purpose, who shall have prepared a photographic print or a photographic enlargement from exposed film together with any photographic prints, photographic enlargements and any other annexures referred to therein, shall be evidence of all facts stated in the certificate. (2) The court may presume that the signature to any such certificate is genuine. (3) Where any such certificate is used in any trial or proceeding under this Act other than an inquiry, the court 164 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Report of Government analyst Report of fingerprint expert Act No. 11 of 2023 s. 22 may, if it thinks fit, summon and examine the person who gave the certificate. [ s. 202] - 217 Verify source ↗
(1) A document purporting to be a report under the
AI-assisted research summary: A court may treat a Government analyst’s report as evidence, presume the signature and office are genuine, and may summon and examine the analyst in some cases.
217.–(1) A document purporting to be a report under the hand of any Government analyst upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Act, may be used as evidence in any inquiry, trial or other proceeding under this Act. (2) The court may presume that the signature to any such document is genuine and that the person signing it held the office which he professed to hold at the time when he signed it. (3) Where any report is so used in any proceeding other than an inquiry the court may, if it thinks fit, summon and examine the analyst as to the subject matter of that report. (4) In this section “Government analyst” includes a senior pathologist, a pathologist and any person appointed by the Minister responsible for health to perform the duties of a Government analyst under this section. [ s. 203] - 218 Verify source ↗
(1) A document under the hand of an officer appointed
AI-assisted research summary: Fingerprint reports can be used as evidence in proceedings, and the court can treat the signature as genuine.
218.–(1) A document under the hand of an officer appointed for that purpose by the Director of Public Prosecutions, which purports to be a report upon any fingerprint, or any photographic representation of fingerprints submitted to him for examination or comparison, shall be receivable in evidence in any inquiry, trial or other proceeding under this Act and shall be evidence of all facts stated in that document. (2) The court may presume that the signature to any such report is genuine. (3) Where any such report is received as evidence in any trial or proceeding under this Act other than an inquiry, the court may, if it thinks fit, and shall if so requested by the accused or his advocate, summon and examine or make available for cross-examination the person who gave such report. 165 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Report of handwriting expert Act No. 11 of 2023 s. 23 Matter or thing duly submitted for examination or analysis Act No. 7 of 2018 s. 13 11 of 2023 s. 24 (4) In this section “fingerprint” includes palm print, a toe print and the impression of a foot. [ s. 204] - 219 Verify source ↗
(1) In any committal proceedings, trial or other
AI-assisted research summary: In proceedings under this Act, a specified handwriting report may be received as evidence, the court may presume signatures are genuine, and the court may have the report-maker summoned and examined or made available for cross-examination in certain trials or proceedings.
219.–(1) In any committal proceedings, trial or other proceedings by or before a magistrate or a judge under this Act, a report in the form set out in the Fourth Schedule to this Act, given under the hand of an officer appointed by the Director of Public Prosecutions for the purpose, being a report upon any handwriting, or any photographic representation of any handwriting, submitted to him for examination or comparison, together with any photographic prints, enlargements or other annexures referred to in it and signed by such officer, shall be receivable in evidence and shall be evidence of the matters stated in it. (2) The court may presume that the signature to any report under this section, print, enlargement or annexure is genuine. (3) When any report under this section is received in evidence in any trial or proceeding under this Act other than an inquiry, the court shall, if the accused or his advocate so requests and may, if it thinks fit, summon and examine the person who made the report or make it available for cross-examination. [ s. 205] - 220 Verify source ↗
(1) A document purporting to be a report under the
AI-assisted research summary: Expert reports may be used as evidence in proceedings under the Act if the expert was appointed by the Director of Public Prosecutions.
220.–(1) A document purporting to be a report under the hand of a cyber-forensic expert, ballistic expert or any other expert over any matter or thing duly submitted to him for examination or analysis in the course of any proceedings under this Act may be used as evidence in any inquiry, trial or other proceedings under this Act: Provided that, the cyber-forensic expert, ballistic expert or any other expert shall be an officer appointed by the Director of Public Prosecutions for that purpose. (2) The court may presume that the signature to any such document is genuine and the person signing it held the office or expertise which he professed to hold at the time of signing it. [ s. 205A] 166 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Appointment of expert Act No. 11 of 2023 s. 25 - 221 Verify source ↗
The Director of Public Prosecutions may, by notice
AI-assisted research summary: The Director of Public Prosecutions may appoint an expert by Gazette notice.
221. The Director of Public Prosecutions may, by notice published in the Gazette, appoint from any department of the Government, local government authority or private practice a person to be an expert for the purpose of sections 216, 218, 219 or 220. [s. 205B] Issue of commission Parties may examine witnesses (b) Issue of Commission for Examination of Witnesses - 222 Verify source ↗
(1) Whenever in the course of any proceeding under this
AI-assisted research summary: A High Court or district magistrate may send a commission to a magistrate to record a witness’s evidence when attending court would be unreasonably difficult.
222.–(1) Whenever in the course of any proceeding under this Act, the High Court or a district magistrate is satisfied that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable, the court or magistrate may issue a commission to any magistrate within the local limits of whose jurisdiction the witness resides to take the evidence of that witness. (2) The magistrate to whom the commission is issued shall proceed to the place where the witness is or shall summon the witness before him and shall take down his evidence in the same manner and may, for this purpose, exercise the same powers as in the case of a trial. [ s. 206] - 223 Verify source ↗
(1) The parties to any proceeding under this Act in
AI-assisted research summary: When a commission is issued, the parties must be told they may send written interrogatories, the directed magistrate must examine the witness on them, and a party may appear and question the witness.
223.–(1) The parties to any proceeding under this Act in which a commission is issued shall be informed by the court or magistrate issuing the commission that they may respectively forward any interrogatories in writing which the court or magistrate directing the commission may think relevant to the issue, and the magistrate to whom the commission is directed shall examine the witness upon such interrogatories. (2) A party may appear before the magistrate by advocate or, if not in custody, in person and may examine, cross-examine and re-examine, the witness. [ s. 207] 167 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Return of commission Cap. 6 - 224 Verify source ↗
(1) After any commission issued under section 222 has
AI-assisted research summary: After a commission under section 222 is executed, it must be returned with the witness deposition to the issuing High Court or magistrate, and the papers may be inspected and used in evidence.
224.–(1) After any commission issued under section 222 has been duly executed it shall be returned, together with the deposition of the witness examined thereunder, to the High Court or the magistrate who issued it, and the commission, the return thereto, and the deposition shall be open at all reasonable times to inspection of the parties and may, subject to all just exceptions, be read in evidence in the case by either party and shall form part of the record. (2) Any deposition so taken, if it satisfies the conditions of section 140 of the Evidence Act, may also be received in evidence at any subsequent stage of the case before another court. [ s. 208] Adjournment of proceedings - 225 Verify source ↗
In every case in which a commission is issued under
AI-assisted research summary: If a commission is issued under section 222, the proceeding may be adjourned for a specified time.
225. In every case in which a commission is issued under section 222 the proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. [ s. 209] (c) Taking and Recording of Evidence Manner of recording evidence before magistrate - 226 Verify source ↗
(1) In trials, other than trials under section 229, by or
AI-assisted research summary: This section tells a magistrate how witness evidence must be recorded, and gives witnesses a right to have it read over.
226.–(1) In trials, other than trials under section 229, by or before a magistrate, the evidence of the witnesses shall be recorded in the following manner- (a) the evidence of each witness shall be taken down in writing in the language of the court by the magistrate or in his presence and hearing and under his personal direction and superintendence and shall be signed by him and shall form part of the record; and (b) the evidence shall not ordinarily be taken down in the form of question and answer but, subject to subsection (2), in the form of a narrative. (2) The magistrate may, in his discretion, take down or cause to be taken down any particular question and answer. (3) The magistrate shall inform each witness that he is entitled to have his evidence read over to him and if a witness asks that his evidence be read over to him, the magistrate shall 168 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Interpretation of evidence to accused or his advocate record any comments which the witness may make concerning his evidence. [ s. 210] - 227 Verify source ↗
(1) Whenever any evidence is given in a language not
AI-assisted research summary: The court must interpret evidence for an accused person or their advocate when they do not understand the language used, and may interpret documents for formal proof when necessary.
227.–(1) Whenever any evidence is given in a language not understood by the accused and he is present in person, it shall be interpreted to him in open court in a language understood by him. (2) Where he is represented by an advocate and the evidence is given in a language other than the language of the court, and not understood by the advocate, it shall be interpreted to such advocate in the language of the court. (3) Where documents are produced for the purpose of formal proof it shall be in the discretion of the court to interpret as much of them as appears necessary. [ s. 211] Remarks respecting demeanour of witness - 228 Verify source ↗
Where a magistrate has recorded the evidence of a
AI-assisted research summary: If a magistrate records a witness’s evidence, the magistrate must also record any material remarks about the witness’s demeanour during examination.
228. Where a magistrate has recorded the evidence of a witness he shall also record such remarks, if any, as he thinks material respecting the demeanour of the witness whilst under examination. [s. 212] Procedure in case of minor offences - 229 Verify source ↗
(1) Notwithstanding anything contained in this Act,
AI-assisted research summary: A magistrate may try certain minor offences without recording evidence, but must enter specified particulars and cannot impose sentences above the stated limits.
229.–(1) Notwithstanding anything contained in this Act, every magistrate may, if he thinks fit, try any of the offences mentioned in subsection (2) without recording the evidence as hereinbefore provided, but in any such case he shall enter in such form as the High Court may direct, the following particulars- (a) the serial number; (b) the date of the commission of the offence; (c) the date of the complaint; (d) the name of the complainant; (e) the name, parentage and residence of the accused; (f) the offence complained of and the offence, if any, proved, and, in cases under paragraph (c), (d) or (e) of 169 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Cap. 16 Cap. 16 Cap. 16 subsection (2), the value of the property in respect of which the offence has been committed; (g) the plea of the accused; (h) the finding and, where evidence has been taken, a judgment embodying the substance of such evidence; (i) the sentence or other final order; and (j) the date on which the proceedings terminated. (2) The offences referred to in subsection (1) shall be as follows- (a) offences punishable with imprisonment for a term not exceeding six months or a fine not exceeding one thousand shillings; (b) common assault under section 240 of the Penal Code; (c) theft under Chapter XXVII of the Penal Code where the value of the property stolen does not exceed fifty thousand shillings; (d) receiving or retaining stolen property under Chapter XXXII of the Penal Code where the value of such property does not exceed fifty thousand shillings; (e) malicious injury to property where the value of such property does not exceed one hundred shillings; (f) aiding, abetting, counselling or procuring the commission of any of offences referred to in this subsection; (g) attempting to commit any of the offences referred to in this subsection; or (h) any other offence which the Chief Justice may, by order published in the Gazette, direct to be tried in accordance with the provisions of this section. (3) Where in the course of a trial under the provisions of this section it appears to the magistrate that the case is of a character which renders it undesirable that it should be so tried, the magistrate shall recall any witnesses and proceed to rehear the case in the manner otherwise provided by this Part. (4) A sentence of imprisonment for a term exceeding six months or of a fine of an amount exceeding one thousand 170 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Conviction or committal where proceedings heard partly by one magistrate and partly by another Acts Nos. 5 of 1988 s. 9; 9 of 2002 Sch. shillings shall not be imposed in the case of any conviction under this section. [s. 213] - 230 Verify source ↗
(1) Where any magistrate, after having heard and
AI-assisted research summary: If a magistrate cannot finish a trial or committal proceedings, another qualified magistrate may take over; the High Court may also set aside a conviction and order a new trial in certain cases.
230.–(1) Where any magistrate, after having heard and recorded the whole or any part of the evidence in any trial or conducted in whole or part any committal proceedings is for any reason unable to complete the trial or the committal proceedings or he is unable to complete the trial or committal proceedings within a reasonable time, another magistrate who has and who exercises jurisdiction may take over and continue the trial or committal proceedings, as the case may be, and the magistrate so taking over may act on the evidence or proceeding recorded by his predecessor and may, in the case of a trial and if he considers it necessary, re-summon the witnesses and recommence the trial or the committal proceedings. (2) Whenever the provisions of subsection (1) apply the High Court may, whether there be an appeal or not, set aside any conviction passed on evidence not wholly recorded by the magistrate before the conviction was had, if it is of the opinion that the accused has been materially prejudiced thereby and may order a new trial. (3) Nothing in subsection (1) shall be construed as preventing a magistrate who has recorded the whole of the evidence in any trial and who, before passing the judgment is unable to complete the trial, from writing the judgment and forwarding the record of the proceedings together with the judgment to the magistrate who has succeeded him for the judgment to be read over and, in the case of conviction, for the sentence to be passed by that other magistrate. [s. 214] Manner of recording evidence in High Court - 231 Verify source ↗
The High Court may, by rules, prescribe the manner in
AI-assisted research summary: The High Court may make rules about how evidence is recorded in cases before it.
231. The High Court may, by rules, prescribe the manner in which evidence shall be recorded in cases coming before the court and the evidence or the substance thereof shall be taken down in accordance with those rules. [s. 215] 171 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Prosecutor to give or adduce evidence before inquiry by court as to insanity of accused Acts Nos. 9 of 2002 Sch.; 21 of 2008 s. 43; Cap. 98 (d) Procedure in Case of the Insanity or Incapacity of an Accused Person - 232 Verify source ↗
(1) Where in the course of a trial the court has reason to
AI-assisted research summary: If the court suspects the accused is mentally unfit to defend the case, it must first hear evidence from the prosecution, may order a medical examination or bail with conditions, and must act on the medical report.
232.–(1) Where in the course of a trial the court has reason to believe that the accused is of unsound mind and consequently incapable of making his defence it shall, before inquiring into the fact of such unsoundness of mind and notwithstanding the fact that the accused may not have pleaded to the charge, call on the prosecution to give or adduce evidence in support of the charge. (2) Where at the close of the evidence in support of the charge it appears to the court that a case is not made out against the accused person, the court shall dismiss the charge and acquit the accused person and may then proceed to deal with him under the Mental Health Act. (3) Where at the close of the evidence in support of the charge it appears to the court that a case has been made out against the accused person, it shall then proceed to inquire into the fact of the unsoundness of mind of the accused and, for this purpose, may order him to be detained in a mental hospital for medical examination or, in case where bail may be granted, may admit him to bail on sufficient security as to his personal safety and that of the public and on condition that he submits himself to medical examination or observation by a medical officer as may be directed by the court. (4) The medical officer in charge of the mental hospital in which an accused person has been ordered to be detained or a medical officer to whom he has been ordered to submit himself for mental examination or observation pursuant to subsection (3) shall, within forty two days of such detention or submission, prepare and transmit to the court ordering the detention or submission, a written report on the mental condition of the accused stating whether in his opinion the accused is of unsound mind and consequently incapable of making his defence. (5) On the receipt by the court of the written report provided for by subsection (4), it shall resume its inquiry into the question of the unsoundness of mind of the accused and 172 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] may admit as evidence for this purpose any such written report purporting to be signed by the medical officer who prepared it unless it is proved that the medical officer purporting to sign it in fact did not sign it. (6) Where the court having considered any written report admitted in evidence under subsection (5) and any other evidence that may be available to it regarding the state of mind of the accused is of the opinion that the accused is of unsound mind and consequently incapable of making his defence, it shall record a finding to that effect, postpone further proceedings in the case, order the accused to be detained as a mentally disorder offender in a mental hospital or other suitable place of custody until released or otherwise dealt with in the manner provided for in section 233 or 234. (7) Where the written report required by subsection (4) is to the effect that the accused is of sound mind and capable of making his defence, proceedings shall be resumed as provided for by section 234. [s. 216] - 233 Verify source ↗
(1) Where an accused person detained in pursuance of
AI-assisted research summary: If a detained accused has recovered enough to defend themselves, the medical officer must send a certificate to the court and the DPP. The DPP may ask to continue the case within 14 days. The court then either brings the accused back before it or, if proceedings are discontinued, discharges the accused and may proceed under the Mental Health Act.
233.–(1) Where an accused person detained in pursuance of a warrant issued under section 232 or section 299 is found by the medical officer in whose charge he is to have recovered his soundness of mind sufficiently to be capable of making his defence, the medical officer shall forthwith forward to the respective court a certificate stating therein also whether the accused would, but for the charge against him, be fit to stand trial, and a certified copy of such certificate to the Director of Public Prosecutions. (2) Where the Director of Public Prosecutions intends to continue proceedings against the accused, he may within fourteen days from the date of receiving a certified copy of a certificate issued under subsection (1), inform the court which issued the warrant under section 232 or 234 that he wishes to continue proceedings against the accused. (3) Where the court receives a certificate provided for in subsection (1), or where the court is informed by the Director 173 Procedure where accused certified as capable of making defence Act No. 9 of 2002 Sch. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Cap. 98 Resumption of trial or inquiry of Public Prosecutions that the Republic intends to continue proceedings against the accused, it shall order removal of the person from the place where he is detained and shall cause him to be brought before it in the manner provided by section 234. (4) Where the court is informed by the Director of Public Prosecutions that the Republic does not intend to continue proceedings against the accused, the court shall- (a) in cases where the certificate provided for in subsection (1) states that the accused is fit for unconditional discharge forthwith, make an order for his discharge; or (b) in all other cases, record the fact that proceedings have been discontinued, discharge the accused of the charge and forthwith proceed to deal with him under section 8 of the Mental Health Act as a person deemed to have been brought before it under that Act. (5) Notwithstanding the provisions of subsection (4), any discharge of the accused pursuant to this section shall not operate as a bar to any subsequent proceedings against him on account of the same facts. [s. 217] - 234 Verify source ↗
(1) Whenever a written report under subsection (4) of
AI-assisted research summary: When the court receives the relevant report or information, it must resume the trial and require the accused to appear or be brought before it.
234.–(1) Whenever a written report under subsection (4) of section 232 or information under subsection (3) of section 233 is received by the court, it shall, subject to subsection (4) resume the trial and require the accused to appear or be brought before it. (2) Where proceedings are resumed under subsection (1) the court shall, in all cases where the proceedings are resumed by virtue of subsection (3) of section 233, proceed to hear the case de novo, and in any other case it may in its discretion treat the case as partly heard and may then proceed to hear further evidence in the case. (3) Any written report given under subsection (4) of section 232 or the production of a certificate issued under subsection (1) of section 233, it may, if still not satisfied that the accused is of sound mind and capable of making his defence record a 174 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Defence of insanity at trial Acts Nos. 9 of 2002 Sch.; 11 of 2019 s. 17 Cap. 16 Cap. 98 finding to that effect and proceed to make a fresh order under subsection (6) of section 232. [s. 218] - 235 Verify source ↗
(1) Where any act or omission is charged against any
AI-assisted research summary: If insanity is to be used as a defence at trial, it must be raised when the accused is called to plead. The court must make a special finding if the evidence shows the accused did the act but was insane, and the court or Minister may then order detention, discharge, supervision, or transfer of a mentally disordered offender.
235.–(1) Where any act or omission is charged against any person as an offence, and it is intended at the trial of that person to raise the defence of insanity, that defence shall be raised at the time when the person is called upon to plead. (2) Where, on the evidence on record, it appears to the court that the accused did the act or made the omission charged but was insane so as not to be responsible for his action at the time when the act was done or the omission was made, the court shall make a special finding to the effect that the accused did the act or made the omission charged but by reason of his insanity, is not guilty of the offence. (3) When a special finding pursuant to subsection (2) is made by the court, it shall- (a) where the person against whom a special finding is made was charged with an offence under the Penal Code involving physical violence or damage to property for which, but for his insanity, at the time of doing the act or making the omission he would on conviction be liable to sentence of death or to suffer imprisonment for a term not less than seven years, order the person to be kept in a mental hospital, prison or other suitable place of custody as a mentally disordered offender; (b) in any other case, in its discretion, either proceed to deal with the person under section 8 of the Mental Health Act or discharge or otherwise deal with him, subject to such conditions as his remaining under supervision in any place or by any person and to such other condition for ensuring his safety and welfare and that of the public as the court shall think fit. (4) The superintendent of a mental hospital, prison or other place in which any mentally disordered offender is detained by an order of the court under subsection (3)(a), shall make a report in writing to the Minister of the condition, history and 175 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] circumstances of any such mentally disordered offender at the expiration of a period of three years from the period of the court’s order and thereafter at the expiration of a period of two years from the date of the last report. (5) On the consideration of a report under subsection (4), the Minister may order that the mentally disordered offender be discharged or otherwise dealt with, subject to such conditions as to his remaining under supervision in any place or by any person and to such other conditions for ensuring the safety and welfare of the mentally disordered offender and the public, as the Minister shall think fit. (6) Notwithstanding the provisions of subsection (4), any person authorised by the Minister may, at any time, after a mentally disordered offender has been detained, report to the Minister on the condition, history and circumstances of that mentally disordered offender and the Minister, on consideration of the report, may order that the mentally disordered offender be discharged or otherwise dealt with, subject to such conditions as to his remaining under supervision in any place or by any person and to such other conditions for ensuring the safety and welfare of the said mentally disordered offender and the public as the Minister shall think fit. (7) The court may, at any time, order that a mentally disordered offender be transferred from a mental hospital to a prison or from any place in which he is detained or remains under supervision to either a prison or a mental hospital. [s. 219] - 236 Verify source ↗
(1) Where any act or omission is charged against any
AI-assisted research summary: If the court thinks a defendant may have been insane, it may pause the case and order a mental hospital examination; a medical officer must report within 42 days, and the accused and prosecution may then give evidence on insanity.
236.–(1) Where any act or omission is charged against any person as an offence and it appears to the court during the trial of such person for that offence that such person may have been insane so as not to be responsible for his action at the time when the act was done or omission made, a court may, notwithstanding that no evidence has been adduced or given of such insanity, adjourn the proceedings and order the accused person to be detained in a mental hospital for medical examination. 176 Court’s power to inquire into insanity ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (2) A medical officer in charge of the mental hospital in which an accused person has been ordered to be detained pursuant to subsection (1) shall, within forty two days of the detention, prepare and transmit to the court ordering the detention a written report on the mental condition of the accused setting out whether, in his opinion, at the time when the offence was committed the accused was insane so as not to be responsible for his action and such written report purporting to be signed by the medical officer who prepared it may be admitted as evidence unless it is proved that the medical officer purporting to sign it did not in fact sign it. (3) Where the court admits a medical report signed by the medical officer in charge of the mental hospital where the accused was detained, the accused and the prosecution shall be entitled to adduce such evidence relevant to the issue of insanity as they may consider fit. (4) Where, on the evidence on record, it appears to the court that the accused did the act or made the omission charged but was insane so as not to be responsible for his action at the time when the act was done or omission made, the court shall make a special finding in accordance with the provisions of subsection (2) of section 235 and all the provisions of section 235 shall apply to every such case. [s. 220] - 237 Verify source ↗
(1) Where the accused, though not insane, cannot be
AI-assisted research summary: If an accused person cannot understand the proceedings, the court must follow the section’s special procedure, which may lead to detention during the President’s pleasure or discharge.
237.–(1) Where the accused, though not insane, cannot be made to understand the proceedings- (a) in cases tried by a subordinate court, the court shall proceed to hear the evidence and, if at the close of the evidence for the prosecution and, if the defence has been called upon, at the close of any evidence for the defence, the court is of the opinion that the evidence which it has heard would justify a conviction, it shall sentence the accused to be detained during the President’s pleasure; but if the evidence does not justify a conviction, it shall acquit and discharge the accused; 177 Procedure where accused does not understand proceedings ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (b) in cases which are the subject of committal proceedings by a subordinate court and of trial by the High Court, the subordinate court shall commit the accused for trial by the High Court and either admit him to bail or send him to prison for safe keeping, and the High Court shall, if the Director of Public Prosecutions has filed an information, proceed to hear all the evidence available both for the prosecution and the defence, and if satisfied that the accused is guilty of the offence charged shall sentence him to be detained during the President’s pleasure; or (c) where the Director of Public Prosecutions states to the committing court that he does not intend to file information, the accused shall be at once discharged in respect of the charge made against him and, if he has been committed to prison, shall be released or, if on bail, his recognisance shall be discharged; but such discharge of the accused shall not operate as a bar to any subsequent proceedings against him on account of the same facts. (2) A person sentenced to be detained during the President’s pleasure shall be liable to be detained in such place and under such conditions as the Minister may, by order, direct and whilst so detained shall be deemed to be in legal custody. (3) The Minister may, at any time, of his own motion or after receiving a report from any person authorised by him, order that a person so detained in accordance with subsection (2) be discharged or otherwise dealt with, subject to such conditions as to his remaining under supervision in any place or by any person and such other conditions for ensuring the safety and welfare of the said person and the public as the Minister shall think fit. (4) Where a person has been detained during the President’s pleasure under paragraph (a) or (b) of subsection (1), the presiding judge or magistrate shall forward to the Attorney General a copy of the record of evidence taken on trial, with a report in writing signed by him containing any recommendation or observations on the case which he may think fit. [s. 221] 178 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] PART VII PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS (a) Provisions Relating to the Hearing and Determination of Cases
Part
PART VII
- 238 Verify source ↗
Where, in any case which a subordinate court has
AI-assisted research summary: If the accused appears and the complainant does not, the court must dismiss the charge and discharge the accused unless it decides to adjourn the hearing.
238. Where, in any case which a subordinate court has jurisdiction to hear and determine, the accused person appears in obedience to the summons served upon him at the time and place appointed in the summons for the hearing of the case, or is brought before the court under arrest, then, if the complainant, having had notice of the time and place appointed for the hearing of the charge does not appear, the court shall dismiss the charge and discharge the accused person, unless for some reason, it shall think it proper to adjourn hearing of the case until some other date and, pending the adjourned hearing, either admit the accused person to bail or remand him to prison, or take such security for his appearance as the court thinks fit. [s. 222] - 239 Verify source ↗
Where at a time appointed for hearing of the case both
AI-assisted research summary: The court must hear the case when the complainant and accused both appear, or when the complainant appears and the accused’s personal attendance has been dispensed with under section 199.
239. Where at a time appointed for hearing of the case both the complainant and the accused person appear before the court which is to hear and determine the charge, or if the complainant appears and the personal attendance of the accused person has been dispensed with under section 199, the court shall proceed to hear the case. [s. 223] - 240 Verify source ↗
Where a complainant, at any time before a final order
AI-assisted research summary: A complainant may withdraw a complaint before a final order if the court is satisfied there are sufficient grounds, and the court must then acquit the accused covered by the withdrawal.
240. Where a complainant, at any time before a final order is passed in any case under this Part, satisfies the court that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused person, or any of them, the court may permit him to withdraw the complaint and shall thereupon acquit the Non-appearance of complainant at hearing Act No. 3 of 2011 s. 18; Appearance of both parties Withdrawal of complaint 179 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Abatement of trial in subordinate courts Act No. 9 of 2002 Sch. Adjournment and remand of accused Act No. 5 of 1988 s. 10 accused against whom the complaint is so withdrawn; save that this section shall apply only in cases of minor offences. [s. 224] - 241 Verify source ↗
Every trial under this Part shall abate on the death of the
AI-assisted research summary: A trial under this Part ends if the accused person dies.
241. Every trial under this Part shall abate on the death of the accused person. [s. 224A] - 242 Verify source ↗
(1) Subject to subsections (3) and (6), before or during
AI-assisted research summary: A court may adjourn a hearing and decide whether the accused stays free, goes to prison, is released on recognisance, or is held in police custody, but only within stated time limits and conditions.
242.–(1) Subject to subsections (3) and (6), before or during the hearing of any case, it shall be lawful for the court in its discretion to adjourn the hearing to a certain time and place to be then appointed and stated in the presence and hearing of the party or parties or their respective advocates then present, and in the meantime, the court may suffer the accused person to go at large, or may commit him to prison, or may release him upon his entering into a recognisance with or without sureties at the discretion of the court, conditioned for his appearance at the time and place to which such hearing or further hearing shall be adjourned. (2) Notwithstanding the provisions of subsection (1), no adjournment shall be for more than thirty clear days or, if the accused person has been committed to prison, for more than fifteen clear days, the day, following that on which the adjournment is made being counted as the first day. (3) The court may commit the accused person to police custody- (a) for not more than three clear days if there is no prison within five miles of the court house and may, further commit the accused person to police custody for a period of not more than fifteen days in the aggregate; (b) for not more than seven clear days if there is no prison within five miles of the court house and the court does not intend to sit again at such court house within three days, and may, further commit the accused person to police custody for a period of not more than fifteen days in the aggregate; or 180 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Cap. 16 (c) at the request of the accused person, for not more than fifteen clear days. (4) Except for cases involving offences under sections 39, 40, 41, 43, 45, 48(a) and 59, of the Penal Code or offences involving fraud, conspiracy to defraud or forgery, it shall not be lawful for a court to adjourn a case in respect of offences specified in the First Schedule to this Act under the provisions of subsection (1) of this section for an aggregate exceeding sixty days except under the following circumstances- (a) wherever a certificate by a Regional Crimes Officer is filed in court stating the need and grounds for adjourning the case, the court may adjourn the case for a further period not exceeding an aggregate of sixty days in respect of offences stated in the First Schedule to this Act; (b) wherever a certificate is filed in court by the state attorney stating the need and grounds for seeking a further adjournment beyond the adjournment made under paragraph (a), the court shall adjourn the case for a further period not exceeding, in the aggregate, sixty days; (c) wherever a certificate is filed in court by the Director of Public Prosecutions or a person authorised by him in that behalf stating the need for and grounds for a further adjournment beyond the adjournment made under paragraph (b), the court shall not adjourn such case for a period exceeding an aggregate of twenty four months since the date of the first adjournment given under paragraph (a). (5) Where no certificate is filed under the provisions of subsection (4), the court shall proceed to hear the case or, where the prosecution is unable to proceed with the hearing discharge the accused in the court, save that any discharge under this section shall not operate as a bar to a subsequent charge being brought against the accused for the same offence. 181 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Cap. 200 Non-appearance of parties after adjournment Act No. 3 of 2011 s. 19 (6) Nothing in this section shall be construed as providing for the application of this section to any proceedings in a subordinate court in relation to any offence triable only by the High Court under the Economic and Organised Crime Control Act. [s. 225] - 243 Verify source ↗
(1) Where at the time or place to which the hearing or
AI-assisted research summary: If the accused or complainant does not appear at an adjourned hearing, the court may proceed, dismiss the charge, or issue a warrant and later handle re-institution requests.
243.–(1) Where at the time or place to which the hearing or further hearing is adjourned, the accused person does not appear before the court in which the order of adjournment was made, it shall be lawful for the court to proceed with the hearing or further hearing as if the accused were present; and if the complainant does not appear, the court may dismiss the charge and discharge the accused with or without costs as the court thinks fit. (2) Where the court convicts the accused person in his absence, it may set aside the conviction, upon being satisfied that his absence was from causes over which he had no control and that he had a probable defence on the merit. (3) A sentence passed under subsection (1) shall be deemed to commence from the date of apprehension and the person effecting such apprehension shall endorse the date thereof on the back of the warrant of commitment. (4) The court, in its discretion, may refrain from convicting the accused in his absence, and in every such case, the court shall issue a warrant for the apprehension of the accused person and cause him to be brought before the court. (5) Where the court dismisses the charge and discharges an accused person under this section or section 238, the complainant may, within thirty days from the date of dismissal, file an application for re-institution of the charge. (6) The court may, upon being satisfied that the complainant’s absence was due to reasons to which the complainant had no control or could not, within the circumstance have control, grant application for re-institution of the charge and proceedings, if any. [s. 226] 182 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Accused may be convicted and sentenced notwithstanding his absence Accused to be called upon to plead Act No. 4 of 1991 Sch. - 244 Verify source ↗
Where in any case to which section 243 does not apply,
AI-assisted research summary: If section 243 does not apply and the accused does not appear, the court may continue the case; the advocate may still act.
244. Where in any case to which section 243 does not apply, an accused being tried by a subordinate court fails to appear on the date fixed for the continuation of the hearing after the close of the prosecution case or on the date fixed for the passing of sentence, the court may, if it is satisfied that the accused’s attendance cannot be secured without undue delay or expense, proceed to dispose of the case in accordance with the provisions of section 248 as if the accused, being present, had failed to make any statement or adduce any evidence or, as the case may be, make any further statement or adduce further evidence in relation to any sentence which the court may pass: Provided that- (a) where the accused so fails to appear but his advocate appears, the advocate, subject to the provisions of this Act, be entitled to call any defence witness and to address the court as if the accused had been or is convicted, and the advocate shall be entitled to call any witness and to address the court on matters relevant to any sentence which the court may pass; and (b) where the accused appears on any subsequent date to which the proceedings may have been adjourned, the proceedings under this section on the day or days on which the accused was absent shall not be invalid by reason only of his absence. [s. 227] - 245 Verify source ↗
(1) The substance of the charge shall be stated to the
AI-assisted research summary: The court must state the charge to the accused, ask for a plea, and then follow different steps depending on whether the charge is admitted, denied, or a plea of previous acquittal or pardon is raised.
245.–(1) The substance of the charge shall be stated to the accused person by the court, and he shall be asked whether he admits or denies the truth of the charge. (2) Where the accused person admits the truth of the charge, his admission shall be recorded as nearly as possible in the words he uses and the magistrate shall convict him and pass sentence upon or make an order against him, unless there appears to be sufficient cause to the contrary. (3) Where the accused person does not admit the truth of the charge, the court shall proceed to hear the case as hereinafter provided. 183 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Procedure on plea of “not guilty” (4) Where the accused person refuses to plead, the court shall order a plea of “not guilty” to be entered for him. (5)5 Where the accused pleads- (a) that he has been previously acquitted of the same offence; or (b) he has obtained a pardon at law for his offence, the court shall first try whether or not in fact such plea is true. (6) Where the court holds that the evidence adduced in support of such plea does not sustain the plea, or if it finds that such plea is false in fact, the accused person shall be required to plead to the charge. (7) After the accused has pleaded to the charge read to him in court under this section, the court shall obtain from him his permanent address and shall record and keep it. [s. 228] - 246 Verify source ↗
(1) Where the accused person does not admit the truth
AI-assisted research summary: If the accused does not admit the charge, the prosecutor opens the case and calls witnesses and evidence; the accused or an advocate may question witnesses, and the court/magistrate must manage the questioning and record answers.
246.–(1) Where the accused person does not admit the truth of the charge, the prosecutor shall open the case against the accused person and shall call witnesses and adduce evidence in support of the charge. (2) The accused person or his advocate may put questions to each witness produced against him. (3) Where the accused person does not employ an advocate, the court shall, at the close of the examination of each witness for the prosecution, ask the accused person whether he wishes to put any questions to that witness or make any statement. (4) Where the accused person asks any question, the magistrate shall record the answer and, if he makes a statement, the magistrate shall, if he thinks it desirable in the interest of the accused person, put the substance of such statement to the witness in the form of a question and record his answer. [s. 229] 5 Note: Subsection (5) was rearranged into subsections (5) and (6) to bring the subsection in line with the applicable format of a legislative provision. 184 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Discharge of accused person when no case to answer Defence - 247 Verify source ↗
Where, at the close of the evidence in support of the charge,
AI-assisted research summary: If, after the prosecution evidence closes, the court thinks the case is not strong enough, it must dismiss the charge and acquit the accused person.
247. Where, at the close of the evidence in support of the charge, it appears to the court that a case is not made out against the accused person sufficiently to require him to make a defence either in relation to the offence with which he is charged or in relation to any other offence of which, under the provisions of sections 319 to 328 of this Act, he is liable to be convicted, the court shall dismiss the charge and acquit the accused person. [ s. 230] - 248 Verify source ↗
(1) At the close of the evidence in support of the charge,
AI-assisted research summary: The court must tell the accused the charge again and explain the accused’s rights to testify and to call witnesses, then ask whether those rights will be used.
248.–(1) At the close of the evidence in support of the charge, if it appears to the court that a case is made against the accused person sufficiently to require him to make a defence either in relation to the offence with which he is charged or in relation to any other offence of which, under the provisions of sections 319 to 328 of this Act, he is liable to be convicted, the court shall again explain the substance of the charge to the accused and inform him of his right- (a) to give evidence whether or not on oath or affirmation, on his own behalf; and (b) to call witness in his defence, and shall then ask the accused person or his advocate if it is intended to exercise any of the above rights and shall record the answer; and the court shall then call on the accused person to enter on his defence save where the accused person does not wish to exercise any of those rights. (2) Notwithstanding that an accused person elects to give evidence not on oath or affirmation, he shall be subject to cross-examination by the prosecution. (3) Where the accused, after he has been informed in terms of subsection (1), elects to remain silent, the court shall be entitled to draw an adverse inference against him and the court as well as the prosecution shall be permitted to comment on the failure by the accused to give evidence. (4) Where the accused person states that he has witnesses to call but that they are not present in court, and the court is satisfied that the absence of such witnesses is not due to 185 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] any fault or neglect of the accused person and that there is likelihood that they could, if present, give material evidence on behalf of the accused person, the court may adjourn the trial and issue process or take other steps to compel attendance of such witnesses. [ s. 231] Evidence in reply - 249 Verify source ↗
Where the accused person examines any witnesses or
AI-assisted research summary: If the accused calls witnesses or gives evidence (except about general character), the court may let the prosecutor reply with evidence.
249. Where the accused person examines any witnesses or gives any evidence other than as to his general character, the court may grant leave to the prosecutor to give or adduce evidence in reply. [ s. 232] Order of speeches - 250 Verify source ↗
The prosecutor and the accused or his advocate shall be
AI-assisted research summary: The prosecutor and the accused or their advocate may address the court in the same manner and order as in the trial before the High Court.
250. The prosecutor and the accused or his advocate shall be entitled to address the court in the same manner and order as in the trial under the provisions of this Act before the High Court. [ s. 233] Variance between charge and evidence and amendment of charge - 251 Verify source ↗
(1) Where, at any stage of a trial, it appears to the court
AI-assisted research summary: If a charge is defective during trial, the court may alter it, and the accused and prosecution may seek to recall or re-examine witnesses after the change.
251.–(1) Where, at any stage of a trial, it appears to the court that the charge is defective, either in substance or form, the court may make such order for alteration of the charge either by way of amendment of the charge or by substitution or addition of a new charge as the court thinks necessary to meet the circumstances of the case unless, having regard to the merits of the case, the required amendments cannot be made without injustice; and all amendments made under the provisions of this subsection shall be made upon such terms as the court shall seem just. (2) Subject to subsection (1), where a charge is altered under that subsection- (a) the court shall thereupon call upon the accused person to plead to the altered charge; (b) the accused may demand that the witnesses or any of them be recalled and give their evidence afresh or be further cross-examined by the accused or his advocate and, in such last mentioned event, the prosecution 186 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] shall have the right to re-examine any such witness on matters arising out of such further cross-examination; and (c) the court may permit the prosecution to recall and examine, with reference to any alteration of or addition to the charge that may be allowed, any witness who may have been examined unless the court for any reason to be recorded in writing considers that the application is made for the purpose of vexation, delay or for defeating the ends of justice. (3) Variance between the charge and the evidence adduced in support of it with respect to the time at which the alleged offence was committed is not material and the charge need not be amended for such variance if it is proved that the proceedings were in fact instituted within the time, if any, limited by law for the institution thereof. (4) Where an alteration of the charge is made under subsection (1) or there is a variance between the charge and the evidence as described in subsection (2), the court shall, if it is of the opinion that the accused has been thereby misled or deceived, adjourn the trial for such period as may be reasonably necessary. (5) Where an alteration of the charge is made under subsection (1), the prosecution may demand that the witnesses or any of them be recalled and give their evidence afresh or be further examined by the prosecution and the court shall call such witness or witnesses unless the court, for reasons to be recorded in writing, considers that the application is made for the purpose of vexation, delay or defeating the ends of justice. [ s. 234] Decision Acts Nos. 10 of 1989 Sch.; 3 of 2011 s. 20 Cap. 16 - 252 Verify source ↗
(1) The court, having heard both the complainant and
AI-assisted research summary: After hearing the parties and evidence, the court must convict and sentence the accused, make another lawful order, or acquit/discharge the accused; if the accused is acquitted, the court must record the accused’s permanent address for service if there may be an appeal.
252.–(1) The court, having heard both the complainant and the accused person and their witnesses and the evidence, shall convict the accused and pass sentence upon or make an order against him according to law or shall acquit or discharge him under section 38 of the Penal Code. 187 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (2) Where the court acquits the accused, it shall require him to give his permanent address for service in case there is an appeal against his acquittal and the court shall record or cause it to be recorded. [ s. 235] Evidence relative to proper sentences or order - 253 Verify source ↗
The court may, before passing sentence, receive such
AI-assisted research summary: Before passing sentence, the court may receive evidence it thinks fit.
253. 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. [ s. 236] Taking other offences into consideration - 254 Verify source ↗
Without prejudice to the generality of section 253, a
AI-assisted research summary: A resident magistrate’s subordinate court may consider another offence when deciding sentence, but only after explaining this to the accused and if the accused admits it and asks for it to be considered.
254. Without prejudice to the generality of section 253, a subordinate court presided over by a resident magistrate may, subject to the provisions of this section, for the purpose of assessing the proper sentence to be passed, take into consideration any other offence committed by the accused- (a) where it has been explained by the court to the accused person in ordinary language that the sentence to be passed upon him for the offence of which he has been convicted in those proceedings may be greater if the other offence is taken into consideration; and (b) after the explanation, the accused person- (i) admits the commission of the other offence; and (ii) asks the court to take the other offence into consideration. (3) Nothing in this section shall entitle a court which has taken an offence into consideration to pass upon an accused person any sentence in excess of the maximum sentence which may be awarded by that court for the offence of which that person was convicted in those proceedings. [ s. 237] Drawing conviction or acquittal orders - 255 Verify source ↗
The conviction or acquittal or other order may, if required,
AI-assisted research summary: A conviction, acquittal, or other order may be prepared if required, and it must be signed by the court, clerk, or another court officer.
255. The conviction or acquittal or other order may, if required, be drawn up and shall be signed by the court or by the clerk or other officer of the court. [ s. 238] 188 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Order of dismissal of further charges - 256 Verify source ↗
The production of the copy of the order of acquittal
AI-assisted research summary: A certified copy of an acquittal order, certified by the court clerk or another court officer, is enough by itself to bar a later charge for the same matter against the same accused.
256. The production of the copy of the order of acquittal certified by the clerk or other officer of the court shall, without other proof, be a bar to any subsequent charge for the same matter against the same accused. [ s. 239] Statements by medical witnesses Limitation of time for summary trials in certain cases - 257 Verify source ↗
(1) In any trial before a subordinate court, any document
AI-assisted research summary: In subordinate court trials, medical witness reports about purely medical or surgical matters can be received as evidence, and the court must tell the accused about the right to require the report maker to be summoned.
257.–(1) In any trial before a subordinate court, any document purporting to be a report signed by a medical witness upon any purely medical or surgical matter shall be receivable in evidence. (2) The court may presume that the signature to any such document is genuine and that the person signing the same held the office or had the qualifications which he possessed to hold or to have when he signed it. (3) Where a report referred to in this section is received in evidence the court may, if it thinks fit, and shall, if so requested by the accused or his advocate, summon and examine or make available for cross-examination the person who made the report; and the court shall inform the accused of his right to require the person who made the report to be summoned in accordance with the provisions of this subsection. [ s. 240] (b) Limitations and Exceptions relating to Trials Before Subordinate Courts - 258 Verify source ↗
Except where a longer time is specially allowed by law,
AI-assisted research summary: A charge or complaint for certain lower-penalty offences must be laid within 12 months, unless a longer time is specially allowed by law.
258. Except where a longer time is specially allowed by law, no offence, the maximum punishment for which does not exceed imprisonment for six months or a fine of five thousand shillings, or both, shall be triable by a subordinate court unless the charge or complaint relating to it is laid within twelve months from the time when the matter of such charge or complaint arose. [ s. 241] 189 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Procedure in case of offence proving unsuitable for summary trial - 259 Verify source ↗
Where in the course of a trial it appears to the magistrate
AI-assisted research summary: If a magistrate thinks a case should be tried by the High Court during a trial, the magistrate must stop the proceedings and commit the accused person for trial in the High Court.
259. Where in the course of a trial it appears to the magistrate at any stage of the proceedings that the case is one which ought to be tried by the High Court, he shall stop further proceedings and commit the accused person for trial upon information before the High Court, and in that case he shall apply the procedure provided in this Act in relation to committal of accused persons for trial to the High Court. [ s. 242] Committal of Accused Persons by Subordinate Courts to the High Court for Trial (a) Provisions relating to Committal of Accused Persons for Trial to the High Court Power to commit for trial Act No. 12 of 1987 s. 25 - 260 Verify source ↗
(1) Any magistrate may, unless precluded from so doing
AI-assisted research summary: A magistrate may commit a person for trial to the High Court unless the magistrate’s appointment prevents it, and must stop a subordinate-court trial and direct a fresh charge if the facts show an offence under the Economic and Organised Crime Control Act.
260.–(1) Any magistrate may, unless precluded from so doing by the terms of his appointment, commit any person for trial to the High Court. Cap. 200 Courts to hold committal proceedings (2) Where, at any time during trial before a subordinate court, but procedure on arrest before conviction, the facts of the case reveal that the accused had committed an offence for which he would have been charged under the Economic and Organised Crime Control Act, the magistrate shall stop the proceedings, direct the prosecutor of the case to frame a fresh charge under the appropriate section of the Economic and Organised Crime Control Act, and then proceed to deal with him in accordance with sections 29 and 30 of that Act. [ s. 243] - 261 Verify source ↗
Whenever any charge has been brought against any
AI-assisted research summary: If a charge is brought for an offence that a subordinate court cannot try, or that the Director of Public Prosecutions says should not be dealt with summarily, a subordinate court of competent jurisdiction must hold committal proceedings.
261. Whenever any charge has been brought against any person of an offence not triable by a subordinate court or as to which the court is advised by the Director of Public Prosecutions in writing or otherwise that it is not suitable to be disposed of upon summary trial, committal proceedings shall be held according to the provisions hereinafter contained by a subordinate court of competent jurisdiction. [ s. 244] 190 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Procedure on arrest - 262 Verify source ↗
(1) After a person is arrested or upon the completion
AI-assisted research summary: After arrest or completion of investigations, the arrested person must be taken to a competent subordinate court with the charge. The magistrate must explain the charge, and the accused does not have to plead at that stage.
262.–(1) After a person is arrested or upon the completion of investigations and the arrest of any person in respect of the commission of an offence triable by the High Court, the person arrested shall be brought within the period prescribed under section 33 of this Act before a subordinate court of competent jurisdiction within whose local limits the arrest was made, together with the charge upon which it is proposed to prosecute him, for him to be dealt with according to law, subject to this Act. (2) Whenever a person is brought before a subordinate court pursuant to subsection (1), the magistrate concerned shall read over and explain to the accused person the charge or charges set out in the charge sheet in respect of which it is proposed to prosecute the accused but the accused person shall not be required to plead or make any reply to the charge. (3) After having read and explained to the accused the charge or charges, the magistrate shall address him in the following words or words to the like effect: “This is not your trial. If it is so decided, you will be tried later in the High Court, and the evidence against you will then be adduced. You will then be able to make your defence and call witnesses on your behalf ”. (4) After a person is committed to remand prison or on bail by a subordinate court or after the investigations have been completed but before the suspect is arrested, the police officer, or other public officer in charge of the relevant criminal investigations under this Act, shall forthwith cause the statements in quintuplicate of persons intended to be called as witnesses at the trial to be properly typed out, conveniently compiled and sent, along with the police case file, to the Director of Public Prosecutions or any other public officer designated by him in that behalf. (5) The Director of Public Prosecutions or that other public officer, after studying the police case file and the statements of the intended witnesses, is of the view that the evidence available is insufficient to warrant the institution of a prosecution, or it is 191 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] otherwise inadvisable to prosecute, he shall, where the accused has already been charged, immediately enter a nolle prosequi unless he has reason to believe that further investigations can change the position, in which case he shall cause further investigations to be carried out. (6) Where the Director of Public Prosecutions or that other public officer, after studying the police case file and the statements of the intended witnesses, decides that the evidence available, or the case as such, warrants putting the suspect on trial, he shall draw up or cause to be drawn up an information in accordance with law and, when signed by him, submit it together with three copies of each of the statements of witnesses sent to him under subsection (4), including any document containing the substance of the evidence of any witness who has not made a written statement. (7) After an information is filed in the High Court, the Registrar shall cause a copy of it to be delivered to the district court where the accused was first presented or within the local limits of which the accused resides. [ s. 245] - 263 Verify source ↗
(1) Upon receipt of the copy of the information and the
AI-assisted research summary: The subordinate court must bring the accused before it, give the accused or counsel the information and trial notice, explain the prosecution material, and handle the accused’s statement and record it properly.
263.–(1) Upon receipt of the copy of the information and the notice, the subordinate court shall summon the accused person from remand prison or, if not yet arrested, order his arrest and appearance before it and deliver to him or to his counsel a copy of the information and notice of trial delivered to it under subsection (7) of section 262 and commit him for trial by the court; and the committal order shall be sufficient authority for the person in charge of the remand prison concerned to remove the accused person from prison on the specified date and to facilitate his appearance before the court. (2) Upon appearance of the accused person before it, the subordinate court shall read and explain or cause to be read to the accused person the information brought against him as well as the statements or documents containing the substance of the evidence of witnesses whom the Director of Public Prosecutions intends to call at the trial. 192 Committal for trial by court ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (3) After complying with the provision of subsections (1) and (2) the court shall address the accused person in the following words or words to the like effect: “You have now heard the substance of the evidence that the prosecution intends to call at your trial. You may either reserve your defence, which you are at liberty to do, or say anything which you may wish to say relevant to the charge against you. Anything you say will be taken down and may be used in evidence at your trial.” (4) Before the accused person makes any statement, the court shall state to him and make him understand clearly that he has nothing to hope from any promise of favour and nothing to fear from any threat which may have been held out to him to induce him to make any admission or confession of his guilt, but that whatsoever he then says may be given in evidence on his trial notwithstanding the promise or threat. (5) Everything that the accused person says shall be recorded in full and shall be shown or read over to him and he shall be at liberty to explain or add to anything contained in the record thereof. (6) When the record of the statement, if any, made by the accused person is confirmed to be what he declares is the truth, the record shall be attested by the magistrate who shall certify that the statement was taken in his presence and hearing and contains accurately the whole statement made by the accused person; and the accused person shall sign or attest the record by his mark but if he refuses the court shall record his refusal and the record may be used as if the accused had signed or attested it. [ s. 246] Witnesses for prosecution and defence - 264 Verify source ↗
Immediately after complying with the provisions of
AI-assisted research summary: The court must list prosecution witnesses, ask the accused whether they will call witnesses at trial, and record any witness names and addresses the accused provides.
264. Immediately after complying with the provisions of sections 262 and 263, the court shall make a list of all witnesses whom the Director of Public Prosecutions intends to call and shall ask the accused person whether he intends to call witnesses at the trial and, if so, whether he desires to give their 193 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Adjournment of proceedings Accused entitled to copy of proceedings names and addresses so that they may be summoned and if he does, the court shall record the names and addresses of the witness whom the accused mentions. [ s. 247] - 265 Verify source ↗
(1) Where for any reasonable cause, to be recorded in the
AI-assisted research summary: The court may adjourn proceedings, remand the accused, direct continued custody for short remands, bring the accused before it during remand, and admit the accused to bail subject to section 151.
265.–(1) Where for any reasonable cause, to be recorded in the proceedings, the court considers it necessary or advisable to adjourn the proceedings, it may, from time to time by warrant, remand the accused for a reasonable time, not exceeding fifteen days at any one time, to a prison or any other place of security. (2) Where the remand is for not more than three days, the court may, by word of mouth, order the officer or person in whose custody the accused person is, or any other fit officer or person, to continue to keep the accused in his custody and to bring him up at the time appointed for the commencement or continuance of the inquiry. (3) During a remand, a court may at any time order the accused to be brought up before it. (4) Subject to the provisions of section 151 the court may admit an accused on remand to bail. [ s. 248] - 266 Verify source ↗
(1) A person who has been committed for trial before the
AI-assisted research summary: A person committed for trial before the High Court is entitled to a free copy of the committal record before trial.
266.–(1) A person who has been committed for trial before the High Court shall be entitled at any time before the trial to have a copy of the record of the committal proceedings without payment. (2) The court shall, at the time of committing him for trial, inform the accused person of his right to a copy of the record of committal proceedings without payment. (3) Every record of the proceedings supplied to the accused pursuant to this section shall contain a copy of the charge or charges, copies of the statements and documents produced to the court during the committal proceedings and a copy of the record of the proceedings before the court. [ s. 249] 194 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Court may bind witness to appear at trial Refusal to be bound over Taking deposition of person dangerously ill or unable to attend trial - 267 Verify source ↗
(1) A prosecutor may, at any time during the trial before
AI-assisted research summary: A prosecutor may ask the High Court to summon a person to give evidence or produce documents, and the court must summon that person and may require recognisance and sureties.
267.–(1) A prosecutor may, at any time during the trial before the High Court, apply to the court to summon any person whose attendance may be required at the trial to give evidence or to produce any document and to bind such person to appear at the trial. (2) Upon an application being made under subsection (1), the court shall summon the person in respect of whom the application is made to appear before it and, when he so appears, the court shall bind him by recognisance with or without sureties as it may deem requisite to appear at the trial in compliance with any summons issued in accordance with section 281. [ s. 250] - 268 Verify source ↗
Where a person required to enter into recognisance
AI-assisted research summary: If a person who must enter recognisance under section 267 refuses, the court may commit him to prison or another court officer’s custody until trial or other disposal, unless he enters recognisance in the meantime.
268. Where a person required to enter into recognisance under section 267 refuses to enter into such recognisance, the court may commit him to prison or into the custody of any other officer of the court, there to remain until such time as the trial has taken place or the case against the accused is otherwise disposed of, unless in the meantime he enters into recognisance as required by the court. [ s. 251] (b) Preservation of Testimony in Certain Cases - 269 Verify source ↗
Where it appears to a magistrate that any person who is
AI-assisted research summary: A magistrate may take a written statement from a person who may not be available to testify, and must certify and preserve the statement.
269. Where it appears to a magistrate that any person who is seriously ill or hurt and not likely to recover or who, for any other reason whatsoever, may not be available to give evidence at the trial but is able and willing to give material evidence relating to any offence, the court may take in writing his statement on oath or affirmation and shall subscribe the same and certify that it contains accurately the whole of the statement made by him; and the magistrate recording the statement shall certify his reason for recording it and shall state the date and place when and where it was taken, preserve the statement and file it for record: Provided that, where the statement is that of a person who, by reason of immature age or want of religious belief ought 195 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Notice to be given Opportunity for cross- examination and transmission of statements Use of statements in evidence not, in the opinion of the magistrate, to be sworn or affirmed, the statement may be taken without oath or affirmation. [ s. 252] - 270 Verify source ↗
(1) Where any person is under a charge or has been
AI-assisted research summary: Before taking a statement linked to section 269, reasonable notice must be given to the prosecutor and the accused person. If the accused person is in custody, they may be brought to the statement-taking place, and must be brought if they request it, under a written magistrate’s order.
270.–(1) Where any person is under a charge or has been committed for trial in respect of the offence to which a statement referred to in section 269 is expected to relate, in sections 272 and 276 referred to as “the accused person”, reasonable notice shall be given of intention to take that statement both to the prosecutor and to that person. (2) Where the person is in custody, he may, and shall, if he so requests, be brought by the officer in whose charge he is, under an order in writing of the magistrate, to the place where the statement is to be taken. [ s. 253] - 271 Verify source ↗
Where the statement is taken in the presence of an accused
AI-assisted research summary: When a statement is taken in the presence of an accused person, the accused’s person or advocate, and the prosecutor if present, must be allowed to question the deponent. If the accused is committed for trial, the statement must be sent to the High Court Registrar and copied to the Director of Public Prosecutions.
271. Where the statement is taken in the presence of an accused person, the person or his advocate, the prosecutor also if he is present, shall be given an opportunity to put questions to the deponent and the answers of the deponent shall form part of the statement; and, if the accused person is committed for trial, the statement shall be transmitted to the Registrar of the High Court and a copy thereof to the Director of Public Prosecutions. [ s. 254] - 272 Verify source ↗
(1) A statement made under section 269 and duly
AI-assisted research summary: A certified statement made under section 269 can be used as evidence at trial if the stated conditions are met.
272.–(1) A statement made under section 269 and duly subscribed and certified by the magistrate in the manner required by that section shall, without further proof, be admissible in evidence at any trial, whether before the High Court or a subordinate court in which the accused person is charged with the offence to which the statement relates where- (a) the court is satisfied that the person who made the statement is dead, or that his attendance cannot be procured without an amount of delay, expense or inconvenience which, in the circumstances of the case, would be unreasonable; and 196 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (b) the accused received notice of the court to take the statement has been provided in section 270 and had, or might have had if he had chosen to be present, full opportunity of cross-examining the deponent. (2) Where any case in the court of which such statement has been admitted in evidence is finally disposed of, the statement shall be returned to the magistrate who recorded it for filing in accordance with the provisions of section 269. Cap. 6 (3) Nothing in this section shall be construed as affecting the provisions of section 34 of the Evidence Act. [ s. 255] Transmission of records to High Court Trial by resident magistrate with extended jurisdiction Act No. 17 of 1996 Sch. (c) Proceedings after Committal for Trial - 273 Verify source ↗
Where an accused person has been committed for
AI-assisted research summary: If an accused person has been committed for trial, the committing court must send the signed and authenticated committal record to the Registrar of the High Court without delay, and forward authenticated copies of the charge and proceedings to the Director of Public Prosecutions.
273. Where an accused person has been committed for trial, the record of committal proceedings, duly signed and authenticated by the magistrate, shall be transmitted without delay by the committing court to the Registrar of the High Court and authenticated copies of the charge and proceedings shall be forwarded to the Director of Public Prosecutions. [ s. 256] - 274 Verify source ↗
(1) The High Court may direct that the taking of a plea
AI-assisted research summary: The High Court may transfer the taking of a plea and trial of an accused person to a resident magistrate with extended jurisdiction.
274.–(1) The High Court may direct that the taking of a plea and the trial of an accused person committed for trial by the High court, be transferred to, and be conducted by a resident magistrate upon whom extended jurisdiction has been granted under subsection (1) of section 179. (2) For avoidance of doubt, any proceedings or decision conducted or made by a resident magistrate with extended jurisdiction, prior to the coming into, effect of the provisions of this subsection, shall be deemed to have been conducted or made in accordance with the provisions of subsection (1) of this section. (3) The provisions of this Act which govern the exercise by the High Court of its original jurisdiction shall, mutatis mutandis, and to the extent that they are relevant, govern proceedings before a resident magistrate under this section in 197 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Notice of trial Copy of information and notice of trial to be served the same manner as they govern like proceedings before the High Court. [ s. 256A] - 275 Verify source ↗
After receipt of the copies of the record of committal
AI-assisted research summary: After the High Court receives the committal record copies, the Registrar or deputy must attach or endorse a notice of trial on every filed information and every copy served.
275. After receipt of the copies of the record of committal proceedings in the High Court the Registrar or his deputy shall endorse or annex to every information filed and to every copy of it delivered to the officer of the court or police officer for service, a notice of trial which shall specify the particular sessions of the High Court at which the accused person is to be tried on the information, and which shall be in the following form or as near thereto as may be: “A.B. Take notice that you will be tried in the information whereof this is a true copy at the sessions of the High Court to be held at ......................... on the ........................ day of .................... - 276 Verify source ↗
The Registrar shall deliver or cause to be delivered to the
AI-assisted research summary: The Registrar and court or police officer must ensure the accused get copies of the information and notice of trial, and the officer must explain them and use substitute delivery if a bailed accused cannot be found.
276. The Registrar shall deliver or cause to be delivered to the officer of the court or police officer serving the information a copy thereof with the notice of trial endorsed on or annexed thereto and, if there are more accused persons committed for trial than one, as many copies as there are accused persons; and the officer of the court or police officer shall, as soon as may be after having received the copy or copies of the information and the notice or notices of trial and three days at least before the day specified therein for trial, by himself or his deputy or other officer, deliver to the accused person or persons committed for trial the said copy or copies of the information and notice or notices, and explain to him or them the nature and exigency thereof; and when any accused person has been admitted to bail and cannot readily be found, he shall leave a copy of the information and notice of trial with someone of his household for him at his dwelling house or with someone of his bail for him, and if none such can be found, shall affix the copy and 198 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] notice to the outer or principal door of the dwelling house or dwelling houses of the accused person or of any of his bail: Provided that, nothing herein shall prevent any person committed for trial, and in custody at the opening of or during any sessions to be so tried thereat if he gives his consent and no special objection is made on the part of the Republic. [ s. 258] Returns of service - 277 Verify source ↗
The officer serving the copy or copies of the information
AI-assisted research summary: The officer who serves the copy or copies of the information and trial notice must promptly make a return of that service to the registrar.
277. The officer serving the copy or copies of the information and notice or notices of trial shall forthwith make to the registrar a return of the service made. [ s. 259] Postponement of trial - 278 Verify source ↗
(1) It shall be lawful for the High Court upon the
AI-assisted research summary: The High Court may postpone a trial on application by the prosecutor or accused if there is sufficient cause for delay, and it may give directions about amending the information and serving notices after doing so.
278.–(1) It shall be lawful for the High Court upon the application of the prosecutor or the accused person, if the court considers that there is sufficient cause for the delay, to postpone the trial of any accused person to the next session of the court held in the district or at some other convenient place, or to a subsequent session. (2) The High Court may give such directions of the amendment of information and the service of any notices as the court may deem necessary in consequence of any order made under subsection (1). [ s. 260] Information to be signed by Director of Public Prosecutions - 279 Verify source ↗
All information drawn up in pursuance of section 275
AI-assisted research summary: Information prepared under section 275 must be in the name of, and signed by, the Director of Public Prosecutions, subject to section 93.
279. All information drawn up in pursuance of section 275 shall be in the name of and, subject to the provisions of section 93, signed by the Director of Public Prosecutions. [ s. 261] Form of information - 280 Verify source ↗
Every information shall bear the date of the day when it
AI-assisted research summary: Every information must bear the date it was signed.
280. Every information shall bear the date of the day when it is signed and, with such modifications as shall be necessary to adapt it to the circumstances of each case, may commence in the following form: “In the High Court of Tanzania The........................................day of .................................. 20......... At the sessions held at ................ on the .......... day of. ............ 199 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Witnesses to be summoned - 20 Verify source ↗
the Court is informed by the Director of Public
AI-assisted research summary: The Court is informed by the Director of Public Prosecutions that A.B. is charged with one or more offences.
20........ the Court is informed by the Director of Public Prosecutions on behalf of the United Republic that A.B. is charged with the following offence (or offences)”. [ s. 262] - 281 Verify source ↗
The Registrar of the High Court shall, before the
AI-assisted research summary: The Registrar of the High Court must issue summons before trial for certain witnesses.
281. The Registrar of the High Court shall, before the commencement of the trial, issue summons for the attendance of the trial of all witnesses whose statements were produced during the Committal proceedings and all witnesses whose names and addresses were given to the committing magistrate by the accused. [ s. 263] PART VIII PROCEDURE IN TRIALS BEFORE THE HIGH COURT (a) Practice and the Mode of Trial Practice of High Court in its criminal jurisdiction
Part
PART VIII
- 282 Verify source ↗
The High Court may, subject to the provisions of this Act
AI-assisted research summary: The High Court may regulate its own practice when exercising criminal jurisdiction, but only subject to this Act and any other written laws.
282. The High Court may, subject to the provisions of this Act and any other written laws, regulate its own practice in the exercise of its criminal jurisdiction. [ s. 264] Proceedings which may require assessors Act No. 1 of 2022 s. 30 - 283 Verify source ↗
(1) The High Court may, where it considers necessary
AI-assisted research summary: The High Court may sit with at least two assessors when necessary for the interests of justice, may use amicus curiae in criminal proceedings, and the Chief Justice may make procedural rules for amicus curiae matters.
283.–(1) The High Court may, where it considers necessary for the interest of justice, sit with not less than two assessors provided that in deciding the matter, the judge shall not be bound by the opinions of the assessors. (2) Notwithstanding subsection (1), the High Court may, in any criminal proceedings, use the assistance of amicus curiae to furnish it with information or advice regarding any questions of law or fact. (3) The Chief Justice may make rules prescribing the procedure in matters involving amicus curiae. [ s. 265] 200 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Liability to serve as assessor (b) Assessors - 284 Verify source ↗
(1) Subject to the exemptions under the provisions of
AI-assisted research summary: Adults aged 21 to 60 are liable to serve as assessors, subject to stated exemptions; the High Court may make rules about the area from which assessors may be summoned.
284.–(1) Subject to the exemptions under the provisions of section 285 and subsection (3) of this section, all persons between the ages of twenty one and sixty years shall be liable to serve as assessors. (2) The High Court shall from time to time make rules regulating the area within which a person may be summoned to serve as an assessor. (3) A person shall be disqualified to serve as an assessor if he was convicted and sentenced to a term of imprisonment exceeding six months for an offence involving moral turpitude. (4) Proceedings shall not be invalid only by the reason that any of the assessors was disqualified or exempt from serving as an assessor. [ s. 266] Exemptions - 285 Verify source ↗
The following persons are exempt from liability to serve
AI-assisted research summary: Certain listed people do not have to serve as assessors, and the Chief Justice may exempt additional government officers or persons.
285. The following persons are exempt from liability to serve as assessors, namely- Cap. 33 (a) Ministers and members of National Assembly; (b) judges and magistrates; (c) persons actively discharging the duties of priests or ministers of their respective religions; (d) physicians, surgeons, dentists and apothecaries in actual practice; (e) legal practitioners in actual practice; (f) officers and men in the Armed Forces of the United Republic; (g) persons exempted from personal appearance in court under the provisions of the Civil Procedure Code or any rules made thereunder; (h) persons disabled by mental or bodily infirmity; (i) officers of the Police and Prisons services; or (j) such other officers of the Government and such persons as may be exempted by the Chief Justice from liability to serve. [ s. 267] 201 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] No exemption by sex or marriage from liability to serve as assessor Summoning of assessors - 286 Verify source ↗
A person shall not be exempted by sex or marriage from
AI-assisted research summary: A person cannot be exempted from assessor service because of sex or marriage, but a judge or magistrate may order an all-male or all-female panel or exempt a woman in suitable cases.
286. A person shall not be exempted by sex or marriage from liability to serve as an assessor but any judge or magistrate may, in his discretion on an application made by or on behalf of the prosecution or the accused or at his own instance, make an order that the assessors shall be composed of men only or of women only, as the case may require or may, on an application made by a woman to be exempted from service as an assessor in respect of any case by reason of the nature of the evidence to be given or of the issues to be tried, grant such exemption. [ s. 268] (c) Attendance of Assessors - 287 Verify source ↗
(1) The Registrar of the High Court shall, ordinarily
AI-assisted research summary: The Registrar of the High Court must direct the magistrate to summon assessors, and the magistrate must comply.
287.–(1) The Registrar of the High Court shall, ordinarily not less than fourteen days before the day fixed for holding any sessions of the High Court, direct a resident or district magistrate for the time being exercising jurisdiction in the district in which the sessions are to be held to summon such number of persons to serve as assessors at the said sessions as to the Registrar may appear necessary, and the magistrate shall comply with the direction accordingly. (2) Where in accordance with the provisions of subsection (1), a resident or district magistrate is directed to summon assessors, he shall select and summon persons whom he considers to be suitable and to be liable under section 284 to serve as assessors. (3) Subject to the provisions of subsections (1) and (2), a resident or district magistrate if so directed by the Registrar may delegate such selection to an administrative officer having jurisdiction in the same district or region. [ s. 269] Form of summons - 288 Verify source ↗
Every summons to an assessor shall be in writing and
AI-assisted research summary: A summons to an assessor must be in writing and state the time and place for attendance.
288. Every summons to an assessor shall be in writing and shall require his attendance at a time and place to be specified therein. [ s. 270] 202 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Objections to summons to serve as assessor - 289 Verify source ↗
(1) A person who has been served with a summons
AI-assisted research summary: A person served with a summons may quickly go to a district or resident magistrate and object to it before the attendance date if they believe they are not liable to serve as an assessor.
289.–(1) A person who has been served with a summons issued under section 287 may, if he is of the opinion that he is not liable under section 285 to serve as an assessor, appear without delay before a district or resident magistrate prior to the date when he is required by summons to attend and object to the summons and if the magistrate is satisfied that the said person is not liable to serve as an assessor, he shall thereupon rescind the summons and discharge him from attendance. (2) Appearance before a district or resident magistrate under the provisions of subsection (1) shall be by the person objecting personally except in the case of a person objecting under the provisions of paragraph (g) of section 285 in which case a person who satisfies the magistrate that he is duly authorised to appear may appear on his behalf. [ s. 271] Excuses from attendance - 290 Verify source ↗
The High Court may, for reasonable cause, excuse any
AI-assisted research summary: The High Court may excuse an assessor from attending particular sessions for reasonable cause and may also direct that assessors who served at a trial are not summoned again for 12 months.
290. The High Court may, for reasonable cause, excuse any assessor from attendance at any particular sessions and may, if it shall think fit, at the conclusion of any trial, direct that the assessors who have served at the trial shall not be summoned to serve again for the period of twelve months. [ s. 272] List of assessors attending - 291 Verify source ↗
At each session the High Court shall cause to be made a
AI-assisted research summary: The High Court must make a list of the names of assessors who attended each session.
291. At each session the High Court shall cause to be made a list of the names of those who have attended as assessors at the sessions. [ s. 273] Penalty for non- attendance of assessors - 292 Verify source ↗
(1) A person summoned to attend as an assessor who,
AI-assisted research summary: An assessor summoned to attend must comply with the summons and any order to return after adjournment, and must not leave without the High Court’s permission; otherwise the High Court may fine the assessor up to 500 shillings.
292.–(1) A person summoned to attend as an assessor who, without lawful excuse, fails to attend as required by the summons or who, having attended, departs without having obtained the permission of the High Court, or fails to attend after adjournment of the court after being ordered to attend, shall be liable by order of the High Court to a fine not exceeding five hundred shillings. (2) The fine imposed under subsection (1) shall be levied by the district or resident magistrate on movable property 203 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] belonging to the assessor within the local limits of jurisdiction of the magistrate. (3) For good cause shown, the High Court may remit or reduce any fine imposed under subsection (1). (4) In default of recovery of the fine by attachment and sale an assessor may, by order of the High Court, be imprisoned as a civil prisoner for a term of fifteen days unless the fine is paid before the end of that period. [ s. 274] (d) Arraignment - 293 Verify source ↗
(1) The accused person to be tried before the High Court
AI-assisted research summary: A person brought before the High Court on an information must be kept at the bar unless the court orders otherwise, the information must be read and explained, and the accused must plead right away unless the court finds a valid lack-of-service objection. After the plea, the court must record the accused’s permanent address.
293.–(1) The accused person to be tried before the High Court upon an information shall be placed at the bar unfettered, unless the court shall see cause otherwise to order, and the information shall be read over to him by the Registrar or other officer of the court, and explained, if need be, by that officer or interpreted by the interpreter of the court and he shall be required to plead instantly thereto, unless, where the accused person is entitled to service of a copy of the information, he objects to the want of such service, and the court shall find that he has not been duly served therewith. (2) After the accused has pleaded to the charge read to him in court under this section, the court shall obtain from him his permanent address and shall record and keep it. [ s. 275] - 294 Verify source ↗
(1) Every objection to any formal defect on the face of an
AI-assisted research summary: Objections to defects in an information must be raised immediately after it is read to the accused. The court may amend a defective information, order separate trials, postpone trial, and make related orders on bail and recognisances.
294.–(1) Every objection to any formal defect on the face of an information shall be taken immediately after the information has been read over to the accused person and not later. (2) Where before a trial upon information or at any stage of the trial it appears to the court that the information is defective, the court shall make an order for the amendment of the information as it thinks necessary to meet the circumstances of the case, unless, having regard to the merits of the case, the required amendment cannot be made without injustice; and 204 Pleading to information Act No. 4 of 1991 Sch. Orders for amendment of information, separate trial and postponement of trial ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] all such amendments shall be made upon such terms as the court shall seem just. (3) Where an information is amended, a note of the order for amendment shall be endorsed on the information and the information shall be treated for the purposes of all proceedings in connection therewith as having been filed in the amended form. (4) Where, before a trial upon information or at any stage of such trial, the court is of the opinion that the accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same information, or that for any reason it is desirable to direct that the accused should be tried separately for any one or more offences charged in an information, the court may order a separate trial on any count or counts of such information. (5) Where, before a trial upon information or at any stage of such trial, the court is of the opinion that the postponement of the trial of the accused is expedient as a consequence of the exercise of any power of the court under this Act, the court shall make such order as to the postponement of the trial as appears necessary. (6) Where an order of the court is made under this section for a separate trial or for postponement of a trial- (a) the court may order that the assessors are to be discharged from giving opinions on the count or counts the trial of which is postponed, or on the information, as the case may be; (b) the procedure on the separate trial of a count shall be the same in all respects as if the count had been founded in a separate information, and the procedure in the postponed trial shall be the same in all respects, provided that, the assessors, if any, have been discharged, as if the trial had not commenced; and (c) the court may make such order as to admitting the accused to bail and as to the enlargement of recognisances and otherwise as the court thinks fit. 205 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Quashing of information (7) Any power of the court under this section shall be in addition to and not in derogation of any other power of the court for the same or similar purposes. [ s. 276] - 295 Verify source ↗
(1) Where an information does not state, and cannot,
AI-assisted research summary: If an information fails to state an offence the accused had notice of, and cannot be fixed by an authorised amendment, the court must quash it; motions under this rule need a written statement delivered to the court officer and entered on the record.
295.–(1) Where an information does not state, and cannot, by an amendment authorised by section 294, be made to state any offence of which the accused has had notice, it shall be quashed either on a motion made before the accused pleads or on a motion made in arrest of judgment. (2) A written statement of every motion under subsection (1) shall be delivered to the Registrar or other officer of the court by or on behalf of the accused and shall be entered upon the record. [s. 277] Procedure in case of previous convictions - 296 Verify source ↗
(1) Subject to subsection (2), where an information
AI-assisted research summary: If an accused is charged with a prior conviction, the court must not mention it before a guilty plea or conviction on the later offence; after that, the accused is asked, and the court may sentence or hear evidence depending on the answer.
296.–(1) Subject to subsection (2), where an information contains a count charging an accused person with having been previously convicted of any 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) where 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; and (c) where he answers that he has been 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 such question, the court shall then hear evidence concerning such previous conviction. 206 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (2) Where upon the trial of an accused person for a subsequent offence, he gives evidence of his own good character, it shall be lawful for the advocate for the prosecution, in answer thereto, to give evidence of the conviction of such person for the previous offence or offences before he is convicted of the subsequent offence, and the court shall inquire concerning such previous conviction or convictions at the same time that it inquires into the subsequent offence. [s. 278] Plea of “not guilty” - 297 Verify source ↗
Every accused person upon being arraigned upon any
AI-assisted research summary: An accused person who is arraigned and pleads not guilty is treated as having put himself on trial, without further form.
297. Every accused person upon being arraigned upon any information by pleading generally thereto the plea of “not guilty” shall, without further form, be deemed to have put himself upon his trial. [ s. 279] Plea of autrefois acquit and autrefois convict - 298 Verify source ↗
(1) An accused person upon whom an information is
AI-assisted research summary: An accused person charged by information may plead former conviction, acquittal, or pardon; if the plea is disputed, the court must decide whether it is true, and if not, the accused must plead to the information.
298.–(1) An accused person upon whom an information is filed may plead- (a) that he has been previously convicted or acquitted, as the case may be, of the same offence; or (b) that he has obtained a pardon at law for his offence. (2) Where either of any plea referred to in subsection (1) is pleaded in any case and disputed by the prosecution to be true in fact, the court shall try whether such plea is true in fact or not. (3) Where the court holds that the facts alleged by the accused do not prove the plea, or finds that it is false in fact, the accused shall be required to plead to the information. [ s. 280] - 299 Verify source ↗
(1) Where any accused person being arraigned upon
AI-assisted research summary: If an accused person cannot answer an information, the court may enter a not-guilty plea for them or assess whether they are mentally sound, and may pause the trial and place them in safe custody if they are not sound and cannot defend themselves.
299.–(1) Where any accused person being arraigned upon any information stands mute of malice, or neither will, nor by reason of infirmity can, answer directly to the information, the court if it thinks fit, shall order the Registrar or other officer of the court to enter a plea of “not guilty” on behalf of such accused person, and the plea so entered shall have the same force and effect as if the accused person had actually pleaded 207 Refusal to plead ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] the same, or else the court shall thereupon proceed to try whether the accused person is of sound or unsound mind, and, if he is found to be of sound mind, shall proceed with the trial, and if he is found to be of unsound mind and consequently incapable of making his defence, shall order the trial to be postponed, and the accused person to be kept meanwhile in safe custody in such place and manner as the court thinks fit and shall transmit the court record to the Attorney General for consideration by the Minister; and the Minister may order the accused person to be detained in a mental hospital or other suitable place of safe custody. (2) Any subsequent proceedings in relation to the accused person shall be regulated by sections 233 and 234 of this Act. [s. 281] Plea of “guilty” - 300 Verify source ↗
Where the accused person pleads “guilty”, the plea shall
AI-assisted research summary: If the accused pleads guilty, the plea must be recorded and the accused may be convicted on it.
300. Where the accused person pleads “guilty”, the plea shall be recorded and he may be convicted thereon. [s. 282] Proceedings after plea of “not guilty” - 301 Verify source ↗
Where the accused person pleads “not guilty” or if the
AI-assisted research summary: If the accused pleads not guilty, the court must choose assessors and try the case.
301. Where the accused person pleads “not guilty” or if the plea of “not guilty” is entered in accordance with the provisions of section 299, the court shall proceed to choose assessors, as provided in section 304, and to try the case. [s. 283] Power to postpone or adjourn proceedings - 302 Verify source ↗
(1) Where, from the absence of witnesses or any other
AI-assisted research summary: The court may postpone or adjourn a trial, remand the accused, bring the accused back before it during remand, and admit the accused to bail.
302.–(1) Where, from the absence of witnesses or any other reasonable cause to be recorded in the proceedings, the court considers it necessary or advisable to postpone the commencement of or to adjourn any trial, the court may from time to time postpone or adjourn the trial on such terms as it thinks fit for such time as it considers reasonable and may, by warrant, remand the accused to a prison or other place of security. (2) During a remand the court may at any time order the accused to be brought before it. (3) The court may on remand admit the accused to bail. [s. 284] 208 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Abatement of trial before High Court Act No. 9 of 2002 Sch. Rules regarding selection of assessors Act No. 1 of 2022 s. 31 Absence of assessor - 303 Verify source ↗
Every trial before the High Court shall abate on the death
AI-assisted research summary: A High Court trial ends if the accused person dies.
303. Every trial before the High Court shall abate on the death of the accused person. [s. 284A] (e) Selection of Assessors - 304 Verify source ↗
(1) The Chief Justice may make rules prescribing the
AI-assisted research summary: The Chief Justice may make rules about how assessors are selected.
304.–(1) The Chief Justice may make rules prescribing the procedure of selection of assessors. (2) The rules made under subsection (1) may prescribe- (a) qualification of assessors and their selection; (b) procedure for summing-up of evidence to the assessors; and (c) procedure for delivery of opinion by assessors. [ s. 285] - 305 Verify source ↗
Where, in the course of a trial with the aid of assessors but
AI-assisted research summary: If an assessor cannot attend and attendance cannot immediately be enforced, the trial may continue with the remaining assessors if there are at least two, and they may return a verdict by unanimity or majority.
305. Where, in the course of a trial with the aid of assessors but at any time before they state their opinions any assessor is, from any sufficient cause, prevented from attending throughout the trial or absents himself and it is not practicable immediately to enforce his attendance, the trial shall proceed before the remaining assessors but if only they are not less than two in number; and where the trial so proceeds the remaining assessors shall be deemed in all respects to be properly constituted for the purpose of the trial and shall have power to return a verdict accordingly whether unanimous or by majority. [ s. 286] Assessors to attend at adjourned sittings - 306 Verify source ↗
Where the trial is adjourned, the assessors shall be required
AI-assisted research summary: If the trial is adjourned, the assessors must attend the adjourned sitting and any later sitting until the trial ends.
306. Where the trial is adjourned, the assessors shall be required to attend at the adjourned sitting and at any subsequent sitting until the conclusion of the trial. [ s. 287] (f) Case for the Prosecution Opening case for prosecution - 307 Verify source ↗
Where the assessors have been chosen, the advocate for
AI-assisted research summary: If assessors have been chosen, the advocate for the prosecution must open the case, call witnesses, and present evidence for the charge.
307. Where the assessors have been chosen, 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. [ s. 288] 209 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Additional witnesses for prosecution Act No. 1 of 2020 s. 8 - 308 Verify source ↗
(1) A witness whose statement or substance of evidence
AI-assisted research summary: The prosecution may not call a witness at trial if the witness’s evidence was not read at committal proceedings unless reasonable written notice is given to the accused person or advocate.
308.–(1) A witness whose statement or substance of evidence was not read at committal proceedings shall not be called by the prosecution at the trial unless the prosecution has given a reasonable notice in writing to the accused person or his advocate of the intention to call such witness. (2) The notice shall state the name and address of the witness and the substance of the evidence which he intends to give. (3) The court shall determine what notice is reasonable, regard being had to the time when and the circumstances under which the prosecution became acquainted with the nature of the witness’s evidence and determined to call him as a witness; but no such notice need be given if the prosecution first became aware of the evidence which the witness would give on the date on which he is called. (4) For the purpose of this section, “substance of evidence” includes substance contained in a document, record or any other tangible object. [ s. 289] Cross- examination of witnesses for prosecution - 309 Verify source ↗
The witnesses called for the prosecution shall be subject
AI-assisted research summary: Witnesses called for the prosecution may be cross-examined by the accused person or his advocate, and then re-examined by the prosecution advocate.
309. 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. [ s. 290] Statements by medical witnesses - 310 Verify source ↗
(1) In any trial before the High Court, any document
AI-assisted research summary: In High Court trials, medical reports from a medical witness may be used, but the accused must be notified and can require the maker to be summoned.
310.–(1) In any trial before the High Court, any document purporting to be a report signed by a medical witness upon a purely medical or surgical matter, shall be receivable in evidence save that this subsection shall not apply unless reasonable notice of the intention to produce the document at the trial, together with a copy of the document, has been given to the accused or his advocate. (2) The court may presume that the signature to any such document is genuine and that the person signing it holds the office or had the qualifications which he professed to hold or to have when he signed it. (3) Where the evidence is received by the court, the court may, if it thinks fit, and shall, if so requested by the accused 210 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Statement of evidence of accused Close of case for prosecution Act No. 13 of 1988 Sch. or his advocate, summon and examine or make available for cross-examination, the person who made the report; and the court shall inform the accused of his right to require the person who made the report to be summoned in accordance with the provisions of this subsection. (4) Notwithstanding the provisions of subsection (3), the court may dispense with the requirement of this subsection where it is satisfied that the person who made the report is dead or that his attendance cannot be procured without undue delay or expense. [ s. 291] - 311 Verify source ↗
Any statement of the accused person duly certified by the
AI-assisted research summary: A certified statement of the accused person may be used as evidence without further proof, unless the magistrate did not actually certify it.
311. Any statement of the accused person duly certified by the committing magistrate in the manner provided by section 263 may, whether signed by the accused person or not, be given in evidence without further proof thereof, unless it is proved that the magistrate purporting to certify the same did not in fact certify it. [ s. 292] - 312 Verify source ↗
(1) Where the evidence of the witnesses for the
AI-assisted research summary: After the prosecution closes its evidence, the court must decide whether there is enough evidence to proceed; if not, it must record not guilty. If there is evidence, the court must tell the accused about the right to testify and call witnesses, and then call on the accused to enter a defence.
312.–(1) Where the evidence of the witnesses for the prosecution has been concluded, and the statement, if any, of the accused person before the committing court has been given in evidence, the court, if it considers after hearing the advocates for the prosecution and for the defence, that there is no evidence that the accused or any one of several accused committed the offence or any other offence of which, under the provisions of sections 319 to 328 of this Act he is liable to be convicted, shall record a finding of not guilty. (2) Where the evidence of the witnesses for the prosecution has been concluded and the statement, if any, of the accused person before the committing court has been given in evidence, the court, if it considers that there is evidence that the accused person committed the offence or any other offence of which, under the provisions of sections 319 to 328 he is liable to be convicted, shall inform the accused person of his right- (a) to give evidence on his own behalf; and 211 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (b) to call witnesses in his defence, and shall then ask the accused person or his advocate if it is intended to exercise any of those rights and record the answer; and thereafter the court shall call on the accused person to enter on his defence save where he does not wish to exercise either of those rights. (3) Where the accused person, after he has been informed in terms of subsection (2), elects to remain silent the court shall be entitled to draw an adverse inference against him and the court as well as the prosecution shall be permitted to comment on the failure by the accused to give evidence. (4) Notwithstanding that the accused person accepts or gives any evidence not on oath or affirmation he shall be subject to cross-examination by the prosecution. [ s. 293] (g) Case for the Defence - 313 Verify source ↗
(1) The accused person or his advocate may then open
AI-assisted research summary: The accused person or their advocate may open the case, present comments on the prosecution evidence, give evidence, examine witnesses, and sum up the case.
313.–(1) The accused person or his advocate may then open his case stating the fact or law on which he intends to rely, and making such comments as he thinks necessary on the evidence for the prosecution. (2) The accused person may then give evidence on his own behalf and he or his advocate may examine his witnesses, if any, and after their cross-examination or re-examination, if any, may sum up his case. [ s. 294] - 314 Verify source ↗
(1) In addition to the witnesses summoned pursuant to
AI-assisted research summary: The accused may examine witnesses at trial, but has no automatic right to summon additional witnesses beyond those named at committal; the court can summon defence witnesses if the evidence is material.
314.–(1) In addition to the witnesses summoned pursuant to the provisions of section 281 the accused shall be allowed to examine any witness who is in attendance at the trial. (2) The accused person shall not be entitled as of right to have any witness summoned other than the witnesses whose names and address were given by him to the magistrate at the committal proceedings but any subordinate court may, after committal for trial and before the trial begins, and the court 212 Case for defence Additional witnesses for defence ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] of trial may, either before or during the trial, issue a summons for the attendance of any person as a witness for the defence if the court is satisfied that the evidence is in any way material to the case. [ s. 295] Prosecutor’s reply - 315 Verify source ↗
Where the person, or any one of several accused persons,
AI-assisted research summary: If the accused gives evidence, the prosecutor may reply, subject to section 215.
315. Where the person, or any one of several accused persons, adduces any evidence, the prosecutor shall be entitled to reply subject to the provisions of section 215. [ s. 296] Where accused person does not give evidence - 316 Verify source ↗
Where the accused person says that he does not wish to
AI-assisted research summary: If the accused says they do not want to give evidence, and the court thinks there is evidence of the offence, the prosecution must sum up and the court must then let the accused address the court.
316. Where the accused person says that he does not wish to give or adduce evidence and the court considers that there is evidence that he committed the offence, the advocate for the prosecution shall then sum up the case against the accused person and the court shall then call on the accused person, personally or by his advocate, to address the court. [ s. 297] Delivery of opinion by assessors and giving of judgment (h) Close of Hearing - 317 Verify source ↗
(1) Where the case on both sides is closed, the judge may
AI-assisted research summary: When the case is closed, the judge may sum up the evidence, must ask each assessor for an oral opinion, then give judgment. If the accused is convicted, the judge must pass sentence according to law.
317.–(1) Where the case on both sides is closed, the judge may sum up the evidence for the prosecution and the defence and shall then require each of the assessors to state his opinion orally as to the case generally and as to any specific question of fact addressed to him by the judge, and record the opinion. (2) The judge shall then give judgment, but, in doing so, shall not be bound to conform to the opinions of the assessors. (3) Where the accused person is convicted, the judge shall pass sentence on him according to law. (4) Nothing in this section shall be construed as prohibiting the assessors, or any of them, from retiring to consider their opinions if they so wish or, during any such retirement or at any time during the trial, from consultation with one another. [ s. 298] 213 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Conviction where proceedings heard partly by one judge and partly by another Act No. 1 of 2022 s. 32 Where offence proved is included in offence charged - 318 Verify source ↗
(1) Where any judge, after having heard and recorded the
AI-assisted research summary: If a judge cannot finish a trial, another qualified judge may take it over and continue it, using the record already made and, if needed, re-summoning witnesses.
318.–(1) Where any judge, after having heard and recorded the whole or any part of the evidence in any trial, is for any reason unable to complete the trial or he is unable to complete the trial within a reasonable time, another judge who has and who exercises jurisdiction may take over and continue the trial and the judge so taking over may act on the evidence or proceedings recorded by his predecessor, and may, in the case of a trial, and if he considers it necessary, re-summon the witnesses and re- commence the trial, demand that the witnesses or any of them be re-summoned and re-heard and shall be informed of such right by the second judge when he commences proceedings. (2) Nothing in subsection (1) shall be construed as preventing a judge who has recorded the whole of the evidence in any trial and who, before passing judgment and forwarding the record of the proceedings together with the judgment to the judge who has succeeded him, the judgment to be read over and, in the case of conviction, for the sentence to be passed by such other judge. [ s. 299] PART IX CONVICTIONS, JUDGMENTS, SENTENCES AND THEIR EXECUTION IN THE SUBORDINATE COURTS AND HIGH COURT A. - Miscellaneous Provisions Relating to Convictions
Part
PART IX
- 319 Verify source ↗
(1) Where a person is charged with an offence
AI-assisted research summary: A person charged with an offence may still be convicted of a minor offence in specified situations.
319.–(1) Where a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved but the remaining particulars are not proved, he may be convicted of the minor offence although he was not charged with it. (2) Where a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence although he was not charged with it. 214 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Cap. 16 (3) For the purpose of this section, the offences specified in section 236 of the Penal Code shall, where a person is charged with the offence of attempted murder under section 225 thereof, be deemed to be minor offence. [ s. 300] Person charged with offence may be convicted of attempt - 320 Verify source ↗
Where a person is charged with an offence, he may be
AI-assisted research summary: A person charged with an offence may be convicted of attempted commission of that offence even if the attempt was not charged.
320. Where a person is charged with an offence, he may be convicted of having attempted to commit that offence although he was not charged with the attempt. [ s. 301] Alternative verdicts in various charges involving homicide of children Cap. 16 Cap. 16 Cap. 16 Cap. 16 Cap. 16 - 321 Verify source ↗
(1) Where a woman is charged with the murder of her
321.–(1) Where a woman is charged with the murder of her newly born child and the court is of the opinion that she, by any wilful act or omission, caused its death but at the time of the act or omission she had not fully recovered from the effect of giving birth to the child and that by reason thereof or by reason of the effect of lactation consequent upon the birth of the child, the balance of her mind was then disturbed, she may, notwithstanding that the circumstances were such that but for the provisions of section 199 of the Penal Code she might be convicted of murder, be convicted of the offence of infanticide although she was not charged with it. (2) Where a person is charged with the murder or manslaughter of any child or with infanticide, or with an offence under section 150 or section 151 of the Penal Code, relating to the procuring of abortion or miscarriage, and the court is of the opinion that he is not guilty of murder, manslaughter or infanticide or of an offence under section 150 or section 151 of the Penal Code, but that he is guilty of the offence of child destruction under section 219 of the Penal Code, he may be convicted of that offence although he was not charged with it. (3) Where a person is charged with the offence of child destruction and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under either section 150 or section 151 of the Penal Code, he may be convicted of that offence although he was not charged with it. 215 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (4) Where a person is charged with the murder or infanticide of any child or with child destruction and the court is of the opinion that he is not guilty of any of the said offences but that he is guilty of the offence of concealment of birth, he may be convicted of that offence although he was not charged with it. [ s. 302] Alternative verdicts under Road Traffic Act in certain manslaughter cases Cap. 168 - 322 Verify source ↗
Where a person is charged with manslaughter in
AI-assisted research summary: A court may convict a person of certain lesser or related offences even if that offence was not originally charged.
322. Where a person is charged with manslaughter in connection with the driving of a motor vehicle by him and the court is of the opinion that he is not guilty of that offence, but that he is guilty of an offence under section 61 of the Road Traffic Act, relating to reckless or dangerous driving or careless driving, he may be convicted of an offence under either of those sections although he was not charged with it. [ s. 303] Alternative verdicts in charges of rape and kindred offences Cap. 16 Cap. 16 323-(1) Where a person is charged with an offence under section 130 or section 132 of the Penal Code and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under section 135, 140 or 158 of the Penal Code, he may be convicted of that offence although he was not charged with it. (2) Where a person is charged with an offence under section 158 of the Penal Code and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under section 137 of the Penal Code, he may be convicted of that offence although he was not charged with it. (3)[Omitted.] [ s. 304] Person charged with burglary, etc., may be convicted of kindred offence Cap. 16 - 324 Verify source ↗
Where a person is charged with an offence under one of
AI-assisted research summary: A court may convict a charged person of a different offence under sections 294 to 298 if the court thinks the person is not guilty of the charged offence but guilty of another one in that group.
324. Where a person is charged with an offence under one of the sections 294 to 298 of the Penal Code and the court is of the opinion that he is not guilty of that offence but that he is guilty of any other offence under another of the said sections he may be convicted of that other offence although he was not charged with it. [ s. 305] 216 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Alternative verdicts in charges of stealing and kindred offences Cap. 16 Cap. 16 Cap. 16 Cap. 16 - 325 Verify source ↗
(1) Where a person is charged with stealing anything and
AI-assisted research summary: A court may convict a person of a related offence even if that offence was not charged, when the evidence fits one of the listed Penal Code sections.
325.–(1) Where a person is charged with stealing anything and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence in respect of that thing under one of the sections 302, 304, 311 and 312 of the Penal Code, he may be convicted of that offence although he was not charged with it. (2) Where a person is charged with an offence under section 304 of the Penal Code and the court is of the opinion that he is not guilty of that offence but that he is guilty of the offence of stealing the thing in respect of which he is charged, he may be convicted of that offence although he was not charged with it. (3) Where a person is charged with an offence under section 302 of the Penal Code and the court is of opinion that he is not guilty of that offence but that he is guilty of an offence under section 304 of the Penal Code, he may be convicted of that offence although he was not charged with it; and where a person is charged with an offence under section 304 of the Penal Code and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under section 302 of the Penal Code, he may be convicted of that offence although he was not charged with it. (4) Where a person is charged under section 311 of the Penal Code with the offence of receiving anything and the court is of the opinion that he is not guilty of that offence but that he is guilty of retaining the thing, and when a person is charged under the said section with the offence of retaining anything and the court is of the opinion that he is not guilty of that offence but that he is guilty of receiving the thing, then he may be convicted under the provisions of the said section of retaining or receiving, although he was not so charged. [ s. 306] 217 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Alternative verdicts in charges of being in possession of property suspected of having been corruptly acquired Caps. 329 and 16 - 326 Verify source ↗
Where any person is charged with an offence under
AI-assisted research summary: If a person is charged with a corruption-related offence under section 27(1), the court may instead convict them of section 312 of the Penal Code if the court thinks that offence is proved.
326. Where any person is charged with an offence under subsection (1) of section 27 of the Prevention and Combating of Corruption Act and the court is of the opinion that he did not corruptly acquire or receive the property but that he is guilty of an offence under section 312 of the Penal Code in respect of that property, the court may convict him of the latter offence although he was not charged with it. [ s. 307] Construction of sections 319 to 326 Person charged with warrant offence not to be acquitted if non warrant offence proved - 327 Verify source ↗
The provisions of sections 319 to 326 shall be construed
AI-assisted research summary: Sections 319 to 326 must be read as adding to, and not replacing or limiting, other Acts and the rest of this Act; sections 320 to 326 also do not limit the general effect of section 319.
327. The provisions of sections 319 to 326 shall be construed as in addition to, and not derogation of, the provisions of any other Act and the other provisions of this Act, and the provisions of sections 320 to 326 shall be construed as being without prejudice to the generality of the provisions of section 319. [ s. 308] - 328 Verify source ↗
Where in any trial for a warrant offence the facts proved
AI-assisted research summary: If a warrant-offence trial shows facts that amount to a non-warrant offence, the accused is not acquitted just for that reason, and a later prosecution on the same facts for the warrant offence is generally barred unless the court directs prosecution for the non-warrant offence.
328. Where in any trial for a warrant offence the facts proved in evidence amount to a non-warrant offence, the accused shall not, for that reason, be acquitted of such a warrant offence; and no person tried for such warrant offence shall be liable afterwards to be prosecuted for a warrant offence on the same facts, unless the court shall think fit, in its discretion, to direct such person to be prosecuted for a non-warrant offence, whereupon such person may be dealt with as if he had previously been put on trial for a warrant offence. [ s. 309] Right of accused to be defended - 329 Verify source ↗
Any person, accused before any criminal court, other
AI-assisted research summary: A person accused before a criminal court other than a primary court has a right to be defended by a High Court advocate, subject to other written law on advocates’ professional services.
329. Any person, accused before any criminal court, other than a primary court, may of right be defended by an advocate of the High Court subject to the provisions of any written law relating to the provision of professional services by advocate. [ s. 310] 218 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Mode of delivering judgment Act No. 2 of 2005 s. 46 B. - Judgment Generally - 330 Verify source ↗
(1) The decision of every trial of any criminal case or
AI-assisted research summary: Courts must deliver criminal judgments in open court promptly, within 90 days at the latest, and give notice to the parties or their advocates. The judge or magistrate may sometimes explain the decision instead of reading it in full, and may proceed even if an accused person is absent in certain multi-accused cases.
330.–(1) The decision of every trial of any criminal case or matter shall be delivered in an open court immediately or as soon as possible after termination of trial, but in any case not exceeding ninety days, of which notice shall be given to the parties or their advocates, if any, but where the decision is in writing at the time of pronouncement, the judge or magistrate may, unless objection to that course is taken by either the prosecution or the defence, explain the substance of the decision in an open court in lieu of reading such decision in full. (2) The accused person shall, if in custody, be brought up or, if not in custody, be required by the court to attend to hear judgment delivered except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted. (3) Subject to subsection (2), where there is more than one accused person, and one or more of them does not attend the court on the date on which the judgment is to be delivered, the judge or magistrate may, in order to avoid undue delay in the disposal of the case, deliver the judgment notwithstanding his or their absence. (4) A judgment delivered by any court shall not be deemed to be invalid by reason only of the absence of any party or his advocate on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their advocates, or any of them, the notice of such day and place. (5) Nothing in this section shall be construed as to limit in any way the provisions of section 318. [ s. 311] Content of judgment Act No. 10 of 1989 Sch. - 331 Verify source ↗
(1) Every judgment under the provisions of section 330
AI-assisted research summary: Judgments under section 330 must be written by or under the judge’s or magistrate’s direction, include the decision and reasons, be dated and signed, and have special details in conviction or acquittal cases.
331.–(1) Every judgment under the provisions of section 330 shall, except as otherwise expressly provided by this Act, be written by or reduced to writing under the personal direction and superintendence of the presiding judge or magistrate in the language of the court and shall contain the point or points 219 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Cap. 16 Copy of judgment, etc. to be given to accused or interested party on application for determination, the decision thereon and the reasons for the decision, and shall be dated and signed by the presiding officer as of the date on which it is pronounced in open court. (2) In the case of conviction, the judgment shall specify the offence of which, and the section of the Penal Code or other law under which, the accused person is convicted and the punishment to which he is sentenced. (3) In the case of an acquittal, the judgment shall state the offence of which the accused person is acquitted and shall direct that he be set at liberty. (4) Where at any stage of the trial, a court acquits an accused person, it shall require him to give his permanent address for service in case there is an appeal against his acquittal and the court shall record or cause it to be recorded. [ s. 312] - 332 Verify source ↗
(1) On the application of the accused person a copy of
AI-assisted research summary: The accused person can get a copy of the judgment, or a translation if practicable, without delay and free of cost. Interested parties or persons affected by the judgment may also get a copy on application, usually for the prescribed fee, unless the court decides to give it free.
332.–(1) On the application of the accused person a copy of the judgment or, when he so desires, a translation in his own language, if practicable, shall be given to him without delay and free of cost. (2) An interested party or person affected by the judgment may be provided with a copy of the judgment on application if he pays the prescribed fee unless the court, if it thinks fit for some reason, gives it to him free of cost. [ s. 313] C. – Sentences Calling upon accused (a) Passing Sentence in the High Court - 333 Verify source ↗
Where the judge convicts the accused person or if he
AI-assisted research summary: After conviction or a guilty plea, the registrar or another court officer must ask the accused if there is anything to say against sentence.
333. Where the judge convicts the accused person or if he pleads guilty, it shall be the duty of the Registrar or other officer of the court to ask him whether he has anything to say why sentence should not be passed upon him according to law, but the omission so to ask him shall have no effect on the validity of the proceedings. [ s. 314] 220 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Motion in arrest of judgment - 334 Verify source ↗
(1) The accused person may, at any time before sentence,
AI-assisted research summary: The accused person may apply to arrest judgment before sentence, and the court may either decide the matter immediately or adjourn it. If the court rules for the accused, the accused must be discharged from the information.
334.–(1) The accused person may, at any time before sentence, whether on plea of guilty or otherwise, move in arrest of judgment on the ground that the information does not, after any amendment which the court is willing and has power to make, state any offence which the court has power to try. (2) The court may, in its discretion, either hear and determine the matter during the same sitting or adjourn the hearing thereof to a future time to be fixed for that purpose. (3) Where the court decides in favour of the accused, he shall be discharged from that information. [ s. 315] Sentence - 335 Verify source ↗
Where no motion in arrest of judgment is made or if the
AI-assisted research summary: The court may sentence the accused person during the sessions if no motion in arrest of judgment is made, or if such a motion is decided against the accused person.
335. Where no motion in arrest of judgment is made or if the court decides against the accused person upon such motion, the court may sentence the accused person at any time during the sessions. [ s. 316] Power to reserve decisions on questions raised at trial - 336 Verify source ↗
The court before which any person is tried for an offence
AI-assisted research summary: The court trying an offence may hold back its final decision on issues raised during the trial, and that decision is treated as made at the time of trial.
336. The court before which any person is tried for an offence may reserve the giving of its final decision on questions raised at the trial and its decision whenever given shall be considered as given at the time of trial. [ s. 317] Power to reserve questions arising in course of trial - 337 Verify source ↗
(1) Where any person has, in a trial before the High
AI-assisted research summary: A judge may send a trial question to a panel of High Court judges, and the convicted person must stay in prison unless the judge allows bail while the question is decided.
337.–(1) Where any person has, in a trial before the High Court, been convicted of an offence, the judge may reserve and refer for the decision of a court consisting of two or more judges of the High Court any question which has arisen in the course of trial and the determination of which would affect the event of the trial. (2) Where the judge reserves any such question, the person convicted shall, pending the decision thereon, be remanded in prison or, if the judge thinks fit, be admitted to bail and the High Court shall have power to review the case or such part thereof as may be necessary and finally determine such question and thereupon to alter the sentence passed by the 221 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] trial judge and to pass such judgment or order as the High Court may think fit. [ s. 318] Objections cured by judgment
Part
part thereof as may be necessary and finally determine such
- 338 Verify source ↗
A judgment shall not be stayed or reserved on the ground
AI-assisted research summary: A judgment must not be stayed or reserved because of certain curable objections or because witnesses were sworn informally.
338. A judgment shall not be stayed or reserved on the ground of any objection which, if stated after the information was read over to the accused person or during the progress of the trial, might have been cured by amendment by the court, nor for any informality in swearing the witnesses or any of them. [ s. 319] Evidence for arriving at proper sentence - 339 Verify source ↗
The court may, before passing the sentence, receive such
AI-assisted research summary: The court may receive evidence before passing sentence if it thinks it will help determine the proper sentence.
339. The court may, before passing the sentence, receive such evidence as it thinks fit in order to inform itself as to the sentence proper to be passed. [ s. 320] Taking other offences into consideration - 340 Verify source ↗
(1) Without prejudice to the generality of section 339,
AI-assisted research summary: The High Court may consider another offence the accused has not been convicted of when deciding sentence, but only if the court explains this in ordinary language and the accused admits it and asks for it to be considered.
340.–(1) Without prejudice to the generality of section 339, the High Court may, subject to the provisions of this section, for the purpose of assessing the proper sentence to be passed, take into consideration any other offence committed by the accused person but of which he has not been convicted. (2) The High Court shall not take any offence into consideration unless- (a) it has been explained by the court to the accused person in ordinary language that the sentence to be passed upon him for the offence of which he has been convicted in those proceedings may be greater if the other offence is taken into consideration; and (b) after that explanation, the accused person- (i) admits the commission of the other offence; and (ii) asks the court to take the other offence into consideration. (3) Nothing in this section shall entitle the court, after taking another offence into consideration, to pass upon an accused person any sentence in excess of the maximum sentence which could be awarded for the offence of which that person was convicted in those proceedings. [ s. 321] 222 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (b) Sentence of Death Sentence of death - 341 Verify source ↗
(1) Where any person is sentenced to death, he shall
AI-assisted research summary: A person sentenced to death must be executed by hanging, and the sentence must direct hanging.
341.–(1) Where any person is sentenced to death, he shall suffer death by hanging. (2) Where any person is sentenced to death the sentence shall direct that he suffers death by hanging. [ s. 322] Accused to be informed of right of appeal - 342 Verify source ↗
Where an accused person is sentenced to death, the court
AI-assisted research summary: If a person is sentenced to death, the court must tell them the time limit for appealing.
342. Where an accused person is sentenced to death, the court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred. [ s. 323] Authority for detention - 343 Verify source ↗
A certificate under the hand of the Registrar or other
AI-assisted research summary: A certificate signed by the Registrar or another court officer, stating that a death sentence has been passed and naming the condemned person, is enough authority to detain that person.
343. A certificate under the hand of the Registrar or other officer of the court that sentence of death has been passed, and naming the condemned person, shall be sufficient authority for the detention of that person. [ s. 324] Report and record to be sent to President - 344 Verify source ↗
(1) As soon as conveniently may be after sentence of
AI-assisted research summary: After a death sentence, the judge or magistrate must send the President the trial evidence notes and a signed report; the President then decides whether to issue a death warrant, commute the sentence, or pardon.
344.–(1) As soon as conveniently may be after sentence of death has been pronounced, if no appeal from a sentence of death passed by the High Court is preferred or if an appeal from any sentence of death is preferred and the sentence is upheld on appeal, then as soon as conveniently may be after the determination of the appeal, the presiding judge or magistrate exercising powers conferred on him by section 179 shall forward to the President a copy of the notes of evidence taken on the trial with a report in writing signed by him containing any recommendation or observations on the case he may think fit to make. (2) After the report has been considered, the President shall communicate to the said judge or magistrate or his successor in office, the terms of any decision to which he has made, and such judge or magistrate shall cause the tenor and substance of that decision to be entered in the records of the court. 223 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (3)6 The President shall issue a death warrant, or an order of the sentence of death to be commuted, or a pardon, under his hand and the seal of the United Republic to give effect to that decision. (4) Where the sentence of death is to be carried out, the warrant shall state the place where and the time when execution is to be had, and shall give directions as to the place of burial of the body of the person executed. (5) Where the sentence is commuted for any other punishment, the order shall specify that punishment. (6) Where the person sentenced is pardoned, the pardon shall state whether it is free or to what conditions, if any, it is subject. (7) Subject to subsections (3) and (4), the warrant may direct that the execution shall take place at such time and at such place and that the body of the person executed shall be buried or cremated at such place, as shall be appointed by some officer specified in the warrant. (8) The warrant or order, or pardon of the President shall be sufficient authority in law to all persons to whom it is directed to execute the sentence of death or other punishment awarded and to carry out the directions therein given in accordance with its terms. [ s. 325] (c) Other Sentences Conditional discharge - 345 Verify source ↗
(1) Where any court thinks that the charge is proved but is
AI-assisted research summary: A court may discharge a person after admonition or conditionally on a bond, and may set bond conditions.
345.–(1) Where any court thinks that the charge is proved but is of the opinion that, having regard to the character, antecedents, age, health, or mental condition of the person charged or to the trivial nature of the offence or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or that it is expedient to discharge the 6 Note: Subsection (3) is rearranged into subsections (3), (4), (5) and (6) to bring the subsection in line with the applicable format of a legislative provision. 224 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] offender conditionally as hereinafter provided, the court may, without proceeding to convict, either- (a) order the offender to be discharged after such admonition as to the court as shall seem fit; or (b) discharge the offender conditionally on his executing a bond, with or without sureties, to be of good behavior and to appear for conviction and sentence when called on at any time during such period, not exceeding three years, as may be specified in the order of the court. (2) An order under subsection (1) shall, for the purpose of revesting or restoring stolen property, or in respect of matters relating to the restitution or delivery of property to the owner, have the like effect as a conviction. (3) A bond executed under this section may contain such conditions as the court may, having regard to the particular circumstances of the case, order to be inserted therein with respect to all or any of the following matters- (a) for prohibition of the offender from associating with undesirable persons or from frequenting undesirable places; (b) as to abstention from intoxicating liquor, where the offence is connected with drunkenness or an offence committed under the influence of drink; (c) generally for securing that the offender shall lead an honest and industrious life; (d) providing that the offender with his surety or sureties, if any, shall appear in chambers before the judge of the court at such intervals as may be specified in the order. [ s. 326] (d) Execution of Sentences Warrant in case of sentence of imprison-ment - 346 Verify source ↗
A warrant under the hand of the judge or magistrate by
AI-assisted research summary: A sentencing judge or magistrate must issue a warrant for imprisonment sentences to be carried out in a prison in Tanzania Mainland.
346. A warrant under the hand of the judge or magistrate by whom any person is to be sentenced to imprisonment, ordering that the sentence shall be carried out in any prison within Tanzania Mainland, shall be issued by the sentencing judge or magistrate, and shall be full authority to the officer in charge 225 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Cap. 16 Warrant for levy of fine Objections to attachment of such prison and to all other persons for carrying into effect the sentence described in such warrant, not being a sentence of death; and every sentence shall be deemed to commence from, and to, include the whole of the day of the date on which it was pronounced, except where otherwise provided in this Act or in the Penal Code. [ s. 327] - 347 Verify source ↗
(1) Where a court orders money to be paid by an accused
AI-assisted research summary: A court-ordered debt or fine may be collected from the person’s movable and immovable property, unless enough movable property is available; the person can stop execution by paying the amount and distress expenses to the executing officer.
347.–(1) Where a court orders money to be paid by an accused person or by a prosecutor or complainant for fine, penalty, compensation, costs, expenses or otherwise, the money may be levied on the movable and immovable property of the person ordered to pay the same by distress and the sale under warrant; but if he shows sufficient movable property to satisfy the order, his immovable property shall not be sold. (2) A person ordered under subsection (1) to pay money may pay or tender to the officer having the execution of the warrant the sum therein mentioned, together with the amount of the expenses of the distress up to the time of payment or tender, and thereupon, the officer shall cease to execute the same. (3) A warrant under this section may be executed within the local limits of jurisdiction of the court issuing it, and it shall authorise the distress and sale of any property belonging to such person when endorsed by a district or resident magistrate within the local limits of whose jurisdiction such property is found. [ s. 328] - 348 Verify source ↗
(1) Any person claiming to be entitled to have a legal or
AI-assisted research summary: A claimant to property attached under a warrant may object in writing to the court before sale proceeds are received, and must state the claim and support the claimed value with an affidavit.
348.–(1) Any person claiming to be entitled to have a legal or equitable interest in whole or part of any property attached in execution of a warrant issued under section 346 may, at any time prior to the receipt by the court of the proceeds of sale of such property, give notice in writing to the court of his objection to the attachment of the property and the notice shall set out shortly the nature of the claim which the person, in this section called “the objector”, makes to the whole or part of the property attached and certify the value of the property claimed 226 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] by him, such value being supported by an affidavit which shall be filed with the notice. (2) Upon receipt of a valid notice given under subsection (1), the court shall, by an order in writing addressed to the officer having the execution of the warrant, direct a stay of the execution proceedings. (3) Upon the issue of an order under subsection (2), the court shall, by notice in writing, direct the objector to appear before such court and establish his claim upon a date to be specified in the notice. (4) A notice shall be served upon the person whose property was, by the warrant issued under section 347, directed to be attached and, unless the property is to be applied to the payment of a fine, upon the person entitled to the proceeds of the sale of property and the notice shall specify the time and place fixed for the appearance of the objector and shall direct the person upon whom the notice is served to appear before the court at the same time and place if he wishes to be heard upon the hearing of the objection. (5) Upon the date fixed for hearing of the objection, the court shall investigate the claim and, for that purpose, may hear any evidence which the objector may give or adduce and any evidence given or adduced by any person served with a notice in accordance with subsection (4). (6) Where, upon investigation of the claim, the court is satisfied that the property, attached was not, when attached, in the possession of the person ordered to pay the money or of some person in trust for him, or in the occupancy of a tenant, or other person paying rent to him, or that, being in the possession of the person ordered to pay the money at such time it was so in his possession not on his own account or as his own property but on account of or in trust for some other person or party on his own account and partly on account of some other person, the court shall make an order releasing the property, wholly or to such extent as it thinks fit, from attachment. 227 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Suspension of execution of sentence of imprisonment in default of fine (7) Where, upon the date fixed for his appearance, the objector fails to appear or if, upon investigation of the claim in accordance with subsection (5), the court is of the opinion that the objector has failed to establish his claim, the court shall order the attachment and execution to proceed and shall make such order as to costs as it deems proper. (8) Nothing in this section shall be deemed to deprive a person who has failed to comply with the requirements of subsection (1) of the right to take any other proceedings which, apart from the provisions of this section, may lawfully be taken by a person claiming an interest in property attached under a warrant. [ s. 329] - 349 Verify source ↗
(1) Where an offender has been sentenced to a fine only
AI-assisted research summary: The court may suspend imprisonment, release an offender on bond, require a bond for payment orders, allow payment by installments, and impose imprisonment if payment is not made or the bond is not entered.
349.–(1) Where an offender has been sentenced to a fine only and to imprisonment in default of payment of the fine, the court may suspend the execution of the sentence of imprisonment and may release the offender on his executing a bond, with or without sureties, as the court thinks fit, conditioned for his appearance before such court on a date not being more than fifteen days from the time of executing the bond; and in the event of the fine not having been realised the court may direct the sentence of imprisonment to be carried into execution at once or may from time to time extend the operation of the bond for a further period of not more than fifteen days. (2) In any case in which an order for the payment of money has been made, the court may require the person ordered to make such payment to enter into a bond as prescribed in subsection (1), and in default of his so doing may at once pass sentence of imprisonment as if the money had not been recovered. (3) Without prejudice to the provisions of subsections (1) and (2), in any case in which an order for the payment of money has been made, and whether or not any order has been made for imprisonment in default of payment, the court may, in its direction, either at the time such order is made or subsequently, direct that the money may be paid by installments at such times and in such amounts as the court may think fit. 228 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Cap. 16 Commitment for warrant of distress Commitment in lieu of distress (4) Where under subsection (3), the court directs that money may be paid by installments, the whole of the amount outstanding shall, unless the court extends the period within which such installments is to be paid, become due and payable and all the provisions of this Act and of the Penal Code applicable in the case of non-payment of a fine shall apply to and in respect of the amount outstanding. [ s. 330] - 350 Verify source ↗
Where the officer having the execution of a warrant of
AI-assisted research summary: If the officer cannot find enough property to levy the warrant amount and expenses, the court may order the person to prison for a stated time unless payment is made sooner.
350. Where the officer having the execution of a warrant of distress reports that he can find no property or not sufficient property whereupon to levy the money mentioned in the warrant with expenses, the court may, by the same or a subsequent warrant, commit the person ordered to pay to prison for a time specified in the warrant, unless the money and all expenses of the distress, to be specified in the warrant, are sooner paid. [ s. 331] - 351 Verify source ↗
Where it appears to the court that distress and sale of
AI-assisted research summary: The court may send a person to prison for a specified time instead of or after a distress warrant, if distress and sale of property would be ruinous, there is no property to seize, or another sufficient reason exists, unless the money and related costs are paid sooner.
351. Where it appears to the court that distress and sale of property would be ruinous to the person ordered to pay the money or his family or, by his confession or otherwise, that he has no property whereon, the distress may be levied, or when other sufficient reason appears to the court, the court may, if it thinks fit, instead of or after issuing a warrant of distress, commit him to prison for a time specified in the warrant unless the money and all expenses of the commitment and conveyance to prison, to be specified in the warrant, are sooner paid. [ s. 332] Payment in full after commitment - 352 Verify source ↗
A person committed for non-payment may pay the
AI-assisted research summary: A person held for non-payment may pay the amount in the warrant, including any authorised expenses, to the person holding them, and that person must release them if they are not being held for any other matter.
352. A person committed for non-payment may pay the sum mentioned in the warrant, with the amount of expenses therein authorised, if any, to the person in whose custody he is and that person shall thereupon release him if he is in custody for no other matter. [ s. 333] 229 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Part payment after commitment
Part
Part payment
- 353 Verify source ↗
(1) Where any person who is confined in any prison for
AI-assisted research summary: A prisoner who pays part of a court-ordered sum can get the prison term reduced proportionally, and the prison officer and court must process the application.
353.–(1) Where any person who is confined in any prison for non-payment of any sum adjudged by a court in its criminal jurisdiction to be paid under this Act or under any other Act, pays any sum in part satisfaction of the sum adjudged to be paid, the term of his imprisonment shall be reduced by a number of days bearing nearly as possible the same proportion to the total number of days for which such person is committed as the sum paid bears to the sum for which he is liable. (2) The officer in charge of a prison in which a person is confined who is desirous of taking advantage of the provisions of subsection (1) shall, on application being made to him by such person, at once take him before a court and such court shall certify the amount by which the term of imprisonment originally awarded is reduced by such payment in part satisfaction, and shall make such order as is required in the circumstances. [ s. 334] Who may issue warrant - 354 Verify source ↗
Every warrant for the execution of any sentence may
AI-assisted research summary: A warrant to carry out a sentence may be issued by the judge or magistrate who passed the sentence, or by that person’s successor in office or jurisdiction.
354. Every warrant for the execution of any sentence may be issued either by the judge or magistrate who passed the sentence or by his successor in office or jurisdiction. [ s. 335] Limitation of imprisonment after commitment - 355 Verify source ↗
A commitment for non-payment shall not be for a
AI-assisted research summary: A commitment for non-payment must not last more than six months, unless the applicable conviction law allows or requires a longer period.
355. A commitment for non-payment shall not be for a longer period than six months unless the law under which the conviction has taken place enjoins or allows a longer period. [ s. 336] D. - Miscellaneous Provisions for Dealing with Offenders (a) First Offenders Power to release upon probation instead of sentencing to punishment - 356 Verify source ↗
(1) In any case in which a person is convicted before
AI-assisted research summary: A court may release an eligible convicted person on probation instead of sentencing immediately, on a bond and conditions for up to three years.
356.–(1) In any case in which a person is convicted before any court of an offence not punishable with death and no previous conviction is proved against him, if it appears to the court before which he is convicted that, having regard to the youth, character, antecedents, health or mental condition, of the offender or to the trivial nature of the offence or to 230 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] any extenuating circumstances under which the offence was committed, it is expedient to release the offender on probation, the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, and during that period, not exceeding three years, as the court may direct, to appear and receive sentence when called upon and in the meantime to keep the peace and be of good behaviour. (2) An order under this section may be made by the High Court when exercising its power of revision. [ s. 337] Provisions in case of offender failing to observe conditions of his recognisance - 357 Verify source ↗
(1) Where at any time the court which convicted the
AI-assisted research summary: If the convicting court is satisfied an offender broke recognisance conditions, it may issue an arrest warrant. After arrest, the offender must be brought promptly before that court, which may remand the person in custody or grant bail with sufficient surety, and may then pass sentence.
357.–(1) Where at any time the court which convicted the offender is satisfied that the offender has failed to observe any of the conditions of his recognisance, it may issue a warrant for his arrest. (2) An offender when arrested on a warrant under subsection (1) shall be brought forthwith before the court by which the warrant was issued and the court may either remand him in custody until the case is heard or admit him to bail with sufficient surety conditioned for his appearing for sentence and the court may, after hearing the case, pass sentence. [ s. 338] - 358 Verify source ↗
The court, before directing the release of an offender
AI-assisted research summary: Before releasing an offender under section 357, the court must be satisfied that the offender or surety has a fixed place of abode or regular occupation in the relevant area.
358. The court, before directing the release of an offender under section 357, shall be satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place for which the court acts, or in which the offender is likely to live during the period named for his observance of the condition. [ s. 339] Conditions as to abode of offender Release of offender on community service Act No. 9 of 2002 Sch. - 359 Verify source ↗
(1) In case in which a person is convicted before any court
AI-assisted research summary: A court may release a convicted person to community service instead of prison if the offence is not punishable by death and the court thinks community service is expedient for the case.
359.–(1) In case in which a person is convicted before any court of any offence not punishable with death, either on its own motion, or application by the offender or any other competent authority, it appears to the court before which he is convicted that, having regard to the youth, character, antecedents, or 231 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Cap. 291 Cap. 11 Cap. 291 Sections 356, 357 and 358 not to apply in certain circumstances Cap. 247 Power to subject to police supervision Cap. 16 Cap. 337 health condition of the offender or to the trivial nature of the offence, or to any extenuating circumstances under which the offence was committed, it is expedient to release the offender on community service under the Community Service Act, the court may instead of committing the offender to prison, direct that he be released to community service on his entering into a bond, with or without sureties, and for a period to be specified by the court in the community service order. (2) Nothing under subsection (1) of this section shall preclude the court from making an order under this section on an application for review under this Act or the Magistrates’ Courts Act. (3) An order under this section may be made by any other court in the exercise of its appellate or revision powers over the case. (4) For the purposes of this section, the term “competent authority” has the same meaning ascribed to it under the Community Service Act. [ s. 339A] - 360 Verify source ↗
Sections 356, 357 and 358 of this Act shall not apply in
AI-assisted research summary: Sections 356, 357 and 358 do not apply in Mainland Tanzania where the Probation of Offenders Act applies.
360. Sections 356, 357 and 358 of this Act shall not apply in any area of Mainland Tanzania to which the Probation of Offenders Act applies. [ s. 340] (b) Offenders with Previous Conviction - 361 Verify source ↗
(1) Where any person
AI-assisted research summary: A court may order police supervision for certain convicted persons, for up to five years after release from prison.
361.–(1) Where any person- (a) has been convicted of any offence against section 59 or 60 of the Penal Code or section 26, 27 or 28 of the Societies Act; or (b) having been convicted of any offence punishable with imprisonment for a term of three years or more or of an offence under section 363 of this Act, the court may, if it thinks fit, at the time of passing sentence of imprisonment on such person, also order that he shall be subject to police supervision as hereinafter provided for a 232 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] period not exceeding five years from the date of his release from prison. (2) Where the conviction is set aside on appeal or for any other reason, the order shall become void. (3) An order under this section may be made by the High Court when exercising its powers of revision. (4) Every order made under this section shall be made out in the prescribed form and in addition be stated in the warrant of commitment. [ s. 341] Requirements from person subject to police supervision - 362 Verify source ↗
(1) A court may, at any time, direct that a person shall,
AI-assisted research summary: A court may place a person under police supervision in Tanzania under residence, travel, reporting, and attendance requirements, and the Minister may make rules for the section.
362.–(1) A court may, at any time, direct that a person shall, whilst subject to police supervision and at large in Tanzania, comply with all or any of the following requirements and may vary any such direction at any time: (a) to reside within the limits of any specified district; (b) not to transfer his residence to any other district without the written consent of the administrative officer or police officer in charge of the district where he resides; (c) not to leave the district in which he resides without the written consent of the administrative officer or police in charge of such district; (d) at all times to keep the police officer or, if there is no police officer, the administrative officer in charge of the district in which he resides, notified of the house or place in which he resides; (e) to present himself, whenever called upon so to do by the administrative officer or police officer in charge of the district in which he resides, at any place in such district. (2) For the purpose of giving any directions or of varying any directions under subsection (1) of this section, a court may issue a summons to a person to whom the subsection relates and who is within the jurisdiction of that court requiring his attendance before it at such time and place as may be specified; and the provisions of sections 146, 147, 148,149 and 150 of this Act shall apply mutatis mutandis to him as they apply to a witness. 233 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Failure to comply with requirements under section 362 Errors and omissions in orders and warrants (3) The Minister may make rules for carrying out the provisions of this section. [ s. 342] - 363 Verify source ↗
Where any person subject to police supervision who is
AI-assisted research summary: A person under police supervision who is at large in Tanzania must comply with section 362 requirements and related rules, unless they can satisfy the court that they did their best to follow the law.
363. Where any person subject to police supervision who is at large in Tanzania refuses or neglects to comply with any requirement prescribed by section 362 or by any rules made thereunder he shall, unless he proves to the satisfaction of the court before which he is tried that he did his best to act in conformity with the law, be guilty of an offence and liable to imprisonment for a term not exceeding six months or, on a second or subsequent conviction for such offence, to imprisonment for a term not exceeding twelve months. [ s. 343] (c) Defects in Orders of Warrant - 364 Verify source ↗
The court may, at any time, amend any defect in substance
AI-assisted research summary: The court may amend defects in substance or form in an order or warrant at any time.
364. The court may, at any time, amend any defect in substance or in form in any order or warrant and no omission or error as to time and place and no defect in form in any order or warrant given under this Act, shall be held to render void or unlawful any act done or intended to be done by virtue of such order or warrant, provided that it is therein mentioned or may be inferred therefrom that it is founded on a conviction or judgment and there is a valid conviction or judgment to sustain the order or warrant. [ s. 344] E. - Miscellaneous Powers of the Court to Order Compensation, Costs, Forfeiture, etc. Costs against accused Act No. 3 of 2011 s. 21 (a) Costs and Compensation - 365 Verify source ↗
(1) It shall be lawful for a judge of the High Court or any
AI-assisted research summary: A High Court judge or magistrate may order costs to be paid after a conviction, or order a private prosecutor to pay costs if the accused is acquitted or discharged in a privately initiated case.
365.-(1) It shall be lawful for a judge of the High Court or any magistrate to order any person convicted before him of an offence to pay to the public or private prosecutor, as the case may be, such reasonable costs as to the judge or magistrate may see fit, in addition to any other penalty imposed. 234 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (2) It shall be lawful for a judge of the High Court or any magistrate who acquits or discharges a person accused of an offence, if the prosecution for such offence was originally instituted on a summons or warrant issued by a court on the application of a private prosecutor, to order the private prosecutor to pay to the accused such reasonable costs as to the judge or magistrate may see fit. (3) The costs awarded under this section may be awarded in addition to any compensation awarded under section 367. (4) In this section- “public prosecutor” means any person prosecuting for or on behalf of the United Republic or for or on behalf of a public authority; “private prosecutor” means any prosecutor other than a public prosecutor. [ s. 345] - 366 Verify source ↗
An appeal shall lie against any order awarding costs under
AI-assisted research summary: An appeal lies from an order awarding costs under section 365: to the High Court if made by a magistrate, or to the Court of Appeal if made by a judge.
366. An appeal shall lie against any order awarding costs under section 365 if made by a magistrate, to the High Court and, if by a judge, to the Court of Appeal and the court to which the appeal is made shall have power to give such costs of the appeal as it shall deem reasonable. [ s. 346] - 367 Verify source ↗
Where on the acquittal of an accused person a court is
AI-assisted research summary: If an accused person is acquitted and the charge was frivolous or vexatious, the court may order the complainant to pay reasonable compensation and costs.
367. Where on the acquittal of an accused person a court is of the opinion that the charge was frivolous or vexatious, the court may order the complainant to pay to the accused person a reasonable sum as compensation for the trouble and expense to which he may have been put by reason of such charge, in addition to his costs. [ s. 347] Order to pay costs appealable Compensation in cases of frivolous or vexatious charge Power to order accused to pay compensation - 368 Verify source ↗
(1) Where an accused person is convicted by any court
AI-assisted research summary: A court may order a convicted person to pay compensation to someone who suffered loss or injury from a non-capital offence.
368.–(1) Where an accused person is convicted by any court of any offence not punishable with death and it appears from the evidence that some other person, whether or not he is the prosecutor or a witness in the case, has suffered material loss or personal injury in consequence of the offence committed and that substantial compensation is, in the opinion of the 235 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Cap.16 Compensation in case of sexual offences Act No. 4 of 1998 s. 25 court, recoverable by that person by civil suit, the court may, in its discretion and in addition to any other lawful punishment, order the convicted person to pay to that other person such compensation, in kind or in money, as the court deems fair and reasonable. (2) Where any person is convicted of any offence under Chapters XXVII to XXXII of the Penal Code, the power conferred by subsection (1) shall be deemed to include a power to award compensation to any bona fide purchaser of any property in relation to which the offence was committed for the loss of such property if the property is restored to the possession of the person entitled thereto. (3) An order for compensation under this section shall be subject to appeal if an order for the payment of a fine of a similar amount would have been subject to appeal and no payment of compensation shall be made before the period allowed for presenting the appeal has elapsed or, if an appeal is presented, before the decision on the appeal. [ s. 348] - 369 Verify source ↗
(1) Notwithstanding the provisions of section 368 of
AI-assisted research summary: If a court convicts someone of a sexual offence, it must also order the convict to pay compensation to the victim, as the court determines.
369.–(1) Notwithstanding the provisions of section 368 of this Act, when a court convicts an accused person of a sexual offence, it shall in addition to any penalty which it imposes make an order requiring the convict to pay such effective compensation as the court may determine to be commensurate to possible damages obtainable by a civil suit by the victim of the sexual offence for injuries sustained by the victim in the course of the offence being perpetrated against him or her. (2) For the purposes of this section “sexual offence” means Cap. 16 any of the offences created in Chapter XV of the Penal Code. [ s. 348A] Costs and compensation to be specified in order, and how recoverable - 370 Verify source ↗
The sums allowed for costs or compensation shall in all
AI-assisted research summary: Costs or compensation must be stated in the conviction or order, and unpaid amounts can lead to up to six months’ imprisonment.
370. The sums allowed for costs or compensation shall in all cases be specified in the conviction or order, and they shall be recoverable in like manner as any penalty may be recoverable under this Act; and in default of payment of such costs or 236 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] compensation and in default of distress as hereinafter provided the person in default shall be liable to imprisonment for a term not exceeding six months unless the costs or compensation are sooner paid. [ s. 349] Power of courts to award expenses or compensation out of fine - 371 Verify source ↗
(1) Where a court imposes a fine or confirms, on appeal,
AI-assisted research summary: A court may direct that some or all of a fine be used to cover prosecution expenses or to compensate for loss or injury, and it must not make the payment before the appeal period ends or an appeal is decided.
371.–(1) Where a court imposes a fine or confirms, on appeal, revision or otherwise, a sentence of fine, or a sentence of which a fine forms part the court may, when passing judgment, order the whole or any part of the fine recovered to be applied- (a) in defraying expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence when substantial compensation is, in the opinion of the court, recoverable by civil suit. (2) Where the fine is imposed in a case which is subject to appeal no such payment shall be made before the period allowed for presenting the appeal has elapsed or, if an appeal is presented, before the decision of the appeal. (3) At the time of awarding any compensation in any subsequent civil suit relating to the same matter, the court hearing the civil suit shall take into account any compensation paid or recovered under section 368. [ s. 350] (b) Forfeiture Power to order for forfeiture of property - 372 Verify source ↗
(1) Where a person is convicted of an offence and the
AI-assisted research summary: If a convicted person had property used or intended for an offence, the court can order forfeiture or confiscation of that property.
372.–(1) Where a person is convicted of an offence and the court which passes sentence is satisfied that any property which was in his possession or under his control at the time of his apprehension- (a) has been used for the purpose of committing or facilitating the commission of any offence; or (b) was intended by him to be used for that purpose, 237 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] that property shall be liable to forfeiture and confiscation and any property so forfeited under this section shall be disposed of as the court may direct. (2) Where the court orders the forfeiture or confiscation of any property as provided in subsection (1) of this section but does not make an order for its destruction or for its delivery to any person, the court may direct that the property shall be kept or sold and that the property or, if sold, the proceeds thereof shall be held as it directs until some person establishes to the court’s satisfaction a right thereto; but if no person establishes such a right within six months from the date of forfeiture or confiscation, the property or the proceeds thereof shall be paid into and form part of the Consolidated Fund. (3) The power conferred by this section upon the court shall include the power to make an order for the forfeiture or confiscation or for the destruction or for the delivery to any person of such property, but shall be exercised subject to any special provisions regarding forfeiture, confiscation, destruction, detention or delivery contained in the written law under which the conviction was had or in any other written law applicable to the case. (4) Where an order is made under this section in a case in which an appeal lies, the order shall not, except when the property is livestock or is subject to speedy and natural decay, be carried out until the period allowed for presenting the appeal has passed or, when an appeal has been presented, until the disposal of the appeal. (5) In this section, any reference to- (a) “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which it is exchanged and anything acquired by such conversion or exchange, whether immediately or otherwise; 238 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (b) “facilitating the commission of an offence” includes the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection. [ s. 351] Warrant of search for forfeited or confiscated articles - 373 Verify source ↗
Where a court has made an order for the forfeiture or
AI-assisted research summary: After a forfeiture or confiscation order, the court or a justice of the peace may issue a search warrant if sworn information shows the article is probably at a place and entry has been refused or is likely to be refused.
373. Where a court has made an order for the forfeiture or confiscation of an article, the court or any justice of the peace may, if satisfied on information on oath- Disposal of exhibits Acts Nos. 2 of 2010 s. 6; 3 of 2011 s. 22; (a) that there is reasonable cause to believe that the article is to be found in any place or premises; and (b) that admission to the place or premises has been refused or that a refusal of such admission is apprehended, issue a warrant of search which may be executed according to law. [ s. 352] (c) Disposal of Exhibits - 374 Verify source ↗
(1) Where anything which has been tendered or put in
AI-assisted research summary: The court may sell, destroy, dispose of, or return evidence-related property in criminal proceedings, and must deal with sale proceeds as directed by this section.
374.–(1) Where anything which has been tendered or put in evidence in any criminal proceedings before any court has not been claimed by any person who appears to the court to be entitled thereto within a period of twelve months after the final disposal of the proceedings or if any appeal is entered in respect thereof, the thing may be sold, destroyed or otherwise disposed of in such manner as the court may by order direct and the proceeds of its sale shall be paid into the general revenues of the Republic. (2) Where anything which has been tendered or is intended to be tendered or put in evidence in any criminal proceedings before any court is subject to speedy and natural decay, the court may, at any stage of the proceedings or at any time after the final disposal of such proceedings, order that it be sold or otherwise disposed of but shall hold the proceeds of the sale and, if unclaimed at the expiration of a period of twelve months after the final disposal of such proceedings or any appeal entered in respect thereof, shall pay such proceeds into the general revenues of the Republic. 239 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (3) Notwithstanding the provisions of subsection (1), the court may, if it is satisfied that it would be just and equitable so to do, order that anything tendered, or put or intended to be put in evidence in criminal proceedings before it should be returned at any stage of the proceedings or at any time after the final disposal of such proceedings to the person who appears to be entitled thereto, subject to such conditions as the court may see fit to impose. (4) Any order of a court made under the provisions of subsection (1) or (2) shall be final and shall operate as a bar to any claim by or of any interest in the thing by virtue of any title arising prior to the date of the order. (5) Where an order is made under this section in a case in which an appeal has been lodged the order shall not, except when the property is livestock or is subject to speedy and natural decay, be carried out until the period allowed for lodging an appeal has elapsed or, when an appeal is lodged, until the appeal has been disposed of. (6) In this section, the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party but also any property into or for which it has been converted or exchanged and anything acquired by such conversion or exchange whether immediate or otherwise. (7) For the purpose of this section, “court” includes court before which an accused person appears before he is committed for his trial. [ s. 353] Disposal of obscene or defamatory publications or noxious or adulterated food, etc. - 375 Verify source ↗
(1) On a conviction in respect of any obscene or
AI-assisted research summary: The court may order destruction of certain items after a conviction for obscene or defamatory publication, or for noxious or adulterated food, drink, drug, or medical preparation.
375.–(1) On a conviction in respect of any obscene or defamatory publication, the court may order destruction of all the copies of the thing in respect of which the conviction was had and which are in the custody of the court or remain in the possession or power of the person convicted. 240 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Person dispossessed of property may have it restored (2) The court may, in like manner, on a conviction in respect of any noxious or adulterated food, drink, drug or medical preparation, order the thing in respect of which the conviction was had to be destroyed. [ s. 354] - 376 Verify source ↗
(1) Where any person is convicted of any offence attended
AI-assisted research summary: If a court convicts someone of an offence involving criminal force and property has been taken, the court may order the property restored to the other person.
376.–(1) Where any person is convicted of any offence attended by criminal force and it appears to the court that by such force any person has been dispossessed of any movable property, the court may, if it thinks fit, order that the property be restored to the possession of that other person. (2) An order made under subsection (1) shall not prejudice any right or interest in the movable property which any person may be able to establish in a civil suit. [ s. 355] Public officer connected with sale of property not to purchase or bid for property Act No. 9 of 1996 Sch. - 377 Verify source ↗
(1) A public officer having any duty connected with
AI-assisted research summary: A public officer responsible for selling property under this Act must not buy or bid for that property.
377.–(1) A public officer having any duty connected with the sale of any property under this Act shall not, directly or indirectly, purchase or bid for that property. (2) A public officer who, contrary to subsection (1), purchases or bids for any property commits an offence and liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a period of two years or to both. [ s. 356] F. - Restitution of Property Property found on accused person - 378 Verify source ↗
Where, upon the apprehension of a person charged with
AI-assisted research summary: When property is taken from a person apprehended for an offence, the court may order it to be returned or used to pay fines, costs, or compensation.
378. Where, upon the apprehension of a person charged with an offence, any property is taken from him, the court before which he is charged may order- (a) that the property or part thereof be restored to the person who appears to the court to be entitled thereto and, if he is the person charged, that it be restored either to him or to such other person as he may direct; or (b) where the property belongs to him, that the property or part thereof be applied to the payment of any fine or 241 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Property stolen Cap. 16 Cap.214 any costs or compensation directed to be paid by the person charged. [ s. 357] - 379 Verify source ↗
(1) Where any person guilty of an offence mentioned
AI-assisted research summary: If a person is convicted of certain property offences, the property must be restored to the owner or representative, and the court can order restitution and related appeal measures.
379.–(1) Where any person guilty of an offence mentioned in Chapters XXVII to XXXII of the Penal Code, involving stealing, taking, obtaining, extorting, converting, or disposing of, or knowingly receiving any property, is prosecuted to conviction by or on behalf of the owner of such property, the property shall be restored to the owner or his representative. (2) In every case referred to in this section the court before which an offender is convicted shall have power to award from time to time writs of restitution for the property or to order its restitution in a summary manner, save that- (a) where goods, as defined in the Sale of Goods Act, have been obtained by fraud or other wrongful means not amounting to stealing, the property in such goods shall not revest in the person who was the owner of the goods or his personal representative by reason only of the conviction of the offender; and (b) nothing in this section shall apply to the case of any valuable security which has been in good faith paid or discharged by some person liable to the payment thereof or which being a negotiable instrument, has been in good faith taken or received by transfer or delivery by some person for just and valuable consideration without any notice or without reasonable cause to suspect that the same has been stolen. (3) On the restitution of any stolen property if it appears to the court by the evidence that the offender has sold the stolen property to any person and that such other person has had no knowledge that the same was stolen, and that money has been found in possession of and taken from the offender on his apprehension, the court may, on application of the purchaser, order that out of that money a sum not exceeding the amount of the proceeds of the sale be delivered to the purchaser. 242 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (4) The operation of any order under this section shall, unless the court before which conviction takes place directs to the contrary in any case in which the title to the property is not in dispute, be suspended- (a) in any case, until the time for appeal has elapsed; and (b) 7in any case where an appeal is lodged, until the determination of the appeal and, in cases where the operation of the order is suspended, until the determination of the appeal the order shall not take effect as to property in question if the conviction is quashed on appeal. (5) The High Court may make provision by rules for securing the safe custody of any property, pending the suspension of the operation of any such order. (6) A person aggrieved by an order made under this section may appeal to the High Court and upon the hearing of the appeal the court may, by order, annul or vary any order made on a trial for the restitution of any property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied. [ s. 358] PART X APPEALS (a) Appeals Generally Appeal to High Court Act No. 25 of 2002 Sch.
Part
PART X
- 380 Verify source ↗
(1) Save as hereinafter provided, any person aggrieved by
AI-assisted research summary: A person aggrieved by a subordinate court decision may appeal to the High Court, but not for a preliminary or interlocutory order unless it finally determines the criminal charge.
380.–(1) Save as hereinafter provided, any person aggrieved by any finding, sentence or order made or passed by a subordinate court other than a subordinate court exercising its extended powers by virtue of an order made under section 179 of this Act may appeal to the High Court and the subordinate court 7 Note: Subsection (4)(b) is rearranged by splitting paragraph (b) and introducing subsection (5) to bring the subsection in line with the applicable format of a legislative provision. 243 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] shall at the time when such finding, sentence or order is made or passed, inform that person of the period of time within which, if he wishes to appeal, he is required to give notice of his intention to appeal and to lodge his petition of appeal. (2) An appeal to the High Court may be on a matter of fact as well as on a matter of law. (3) Notwithstanding the provisions of subsections (1) and (2), no appeal shall lie against or be made in respect of any preliminary or interlocutory decision or order of a subordinate court unless such decision or order has the effect of finally determining the criminal charge. [ s. 359] - 381 Verify source ↗
(1) An appeal shall not be allowed in the case of any
AI-assisted research summary: Appeals are restricted for guilty pleas and certain low-level sentences from subordinate courts.
381.–(1) An appeal shall not be allowed in the case of any accused person who has pleaded guilty and has been convicted on such plea by a subordinate court except as to the extent or legality of the sentence. (2) Except with the leave of the High Court, no appeal shall be allowed in cases in which a subordinate court has passed a sentence of a fine not exceeding one thousand shillings only, or of corporal punishment only imposed on a person under sixteen years of age, or from a sentence of imprisonment in default of the payment of a fine if no substantive sentence of imprisonment has been passed. (3) A sentence which would not otherwise be liable to appeal shall not be appealable on the ground that the person convicted is ordered to find security to keep the peace. [ s. 360] - 382 Verify source ↗
(1) Subject to subsection (2), an appeal from any finding,
AI-assisted research summary: An appeal from certain findings, sentences, or orders will not be heard unless the appellant gives notice to the trial court within the required time and files the petition of appeal on time; the High Court can still admit a late appeal for good cause.
382.–(1) Subject to subsection (2), an appeal from any finding, sentence or order referred to in section 380 shall not be entertained unless the appellant- (a) has given notice to the trial court of his intention to appeal within ten days from the date of the finding, sentence or order or, in the case of a sentence of corporal punishment only, within three days of the date of such sentence; and 244 No appeal on plea of guilty Limitation Act No. 9 of 2002 Sch. Act No. 11 of 2023 s. 26 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (b) has lodged his petition of appeal within forty five days from the date of the finding, sentence or order, save that in computing the period of forty five days, the time required for obtaining a copy of the proceedings, judgment or order appealed against shall be excluded. (2) The High Court may, for good cause, admit an appeal notwithstanding that the period of limitation prescribed in this section has elapsed. [ s. 361] - 383 Verify source ↗
(1) Every appeal shall be made in the form of a petition
AI-assisted research summary: An appeal must be filed as a written petition by the appellant or the appellant’s advocate.
383.–(1) Every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every petition shall, unless the High Court otherwise directs, be accompanied by a copy of the proceedings, judgment or order appealed against. (2) The petition shall contain particulars of the matters of law or of fact in regard to which the subordinate court appealed from is alleged to have erred. [ s. 362] Petition of appeal Act No. 9 of 2002 Sch. Appellant in prison - 384 Verify source ↗
Where the appellant is in prison, he may present his
AI-assisted research summary: If the appellant is in prison, he may give the petition of appeal and copies to the prison officer, and the officer must send them to the Registrar of the High Court.
384. Where the appellant is in prison, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the prison, who shall thereupon forward the petition and copies to the Registrar of the High Court. [ s. 363] Summary rejection of appeal - 385 Verify source ↗
(1) On receiving the petition and copy required by
AI-assisted research summary: The High Court must review certain appeal papers, may summarily reject an appeal in specified cases, and must notify the Director of Public Prosecutions of any order made under this section.
385.–(1) On receiving the petition and copy required by section 383, the High Court shall peruse them and- (a) where the appeal is against sentence and is brought on the grounds that the sentence is excessive and it appears to the court that there is no material in the circumstances of the case which could lead it to consider that the sentence ought to be reduced; (b) where the appeal is against conviction and the court considers that the evidence before the lower court leaves no reasonable doubt as to the accused’s guilt and that the appeal is frivolous or is without substance; or 245 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] (c) where the appeal is against conviction and the sentence and the court considers that the evidence before the lower court leaves no reasonable doubt as to the accused’s guilt and that the appeal is frivolous or is without substance and that there is no material in the judgment for which the sentence ought to be reduced, the court may forthwith summarily reject the appeal by an order certifying that upon perusing the record, the court is satisfied that the appeal has been lodged without any sufficient ground of complaint. (2) Notice of any order made under the provisions of this section shall be forthwith given to the Director of Public Prosecutions. [ s. 364] - 386 Verify source ↗
(1) Where the High Court does not dismiss the appeal
AI-assisted research summary: If the High Court does not summarily dismiss an appeal, it must notify the appellant or the appellant’s advocate and the Director of Public Prosecutions of the hearing time and place, and send the DPP the proceedings and grounds of appeal. If the appellant has said in the petition that they will not attend and will not engage an advocate, notice to the appellant or advocate is not required.
386.–(1) Where the High Court does not dismiss the appeal summarily, it shall cause notice to be given to the appellant or his advocate, and to the Director of Public Prosecutions, of the time and place at which the appeal will be heard and shall furnish the Director of Public Prosecutions with a copy of the proceedings and of the grounds of appeal; save that notice need not be given to the appellant or his advocate if it has been stated in the petition of appeal that the appellant does not wish to be present and does not intend to engage an advocate to represent him at the hearing of the appeal. (2) Where notice of time, place of hearing cannot be served on any person because he cannot be found through the address obtained from him by the court under section 245 or 293, the notice shall be brought to his attention in the manner prescribed by section 403(2). [ s. 365] Notice of time and place of hearing Acts Nos. 10 of 1989 Sch.; 4 of 1991 Sch. Powers of High Court on appeal and right of appellant to appear - 387 Verify source ↗
(1) At the hearing of the appeal, the appellant or his
AI-assisted research summary: At an appeal hearing, the appellant or advocate may address the court, the prosecutor may respond if حاضر, and the court may make several orders on the appeal, including dismissing it or changing conviction or sentence outcomes.
387.–(1) At the hearing of the appeal, the appellant or his advocate may address the court in support of the particulars set out in the petition of appeal and the public prosecutor, if he appears, may then address the court and thereafter, the court may invite the appellant or his advocate to reply upon 246 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Cap. 16 any matters of law or of fact raised by the public prosecutor in his address and the court may then, if it considers there is no sufficient ground for interfering, dismiss the appeal or may- (a) in an appeal from a conviction- (i) reverse the finding and sentence and acquit the accused or discharge him under section 38 of the Penal Code or order him to be re-tried by a court of competent jurisdiction or direct the subordinate court to hold committal proceedings; (ii) alter the finding, maintaining the sentence or, with or without altering the finding, reduce or increase the sentence; or (iii) with or without such reduction or increase of sentence and with or without altering the finding, alter the nature of the sentence. (b) in an appeal against sentence, increase or reduce the sentence or alter the nature of the sentence; (c) in an appeal from any other order, alter or reverse such order and, in any such case, may make any amendment or any consequential or incidental order that may appear just and proper. (2) An appellant, whether in custody or not, shall be entitled to be present at the hearing of his appeal. (3) The right of an appellant who is in custody to be present at the hearing of the appeal shall be subject to his paying all expenses incidental to his transfer to and from the place where the court sits for the determination of the appeal; save that the court may direct that the appellant be brought before the court in any case in which, in the opinion of the court, his presence is desirable for the due determination of the appeal, in which case such expenses shall be defrayed by the Government. (4) Nothing in this section shall be construed as precluding the court from inflicting a greater punishment than the punishment which might have been inflicted by the court which imposed the sentence. [ s. 366] 247 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Order of High Court to be certified to lower court - 388 Verify source ↗
(1) Where a case is decided on appeal by the High Court,
AI-assisted research summary: If the High Court decides a case on appeal, it must certify its judgment or order to the original court, and that court must then make orders that match the High Court’s decision.
388.–(1) Where a case is decided on appeal by the High Court, it shall certify its judgment or order to the court by which the conviction, sentence or order appealed against was recorded or passed. (2) The court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court and, if necessary, the records shall be amended accordingly. [ s. 367] Suspension of sentences and admission to bail pending appeal - 389 Verify source ↗
(1) After the entering of an appeal by a person entitled
AI-assisted research summary: After an appeal is entered, the court may release the appellant on bail or suspend the sentence/order while the appeal is heard.
389.–(1) After the entering of an appeal by a person entitled to appeal, the High Court or the subordinate court which convicted or sentenced such person may, for reasonable cause to be recorded by it in writing- (a) in the case of a person sentenced to a term of imprisonment, order- (i) that such person be released on bail with or without sureties pending the hearing of his appeal; or (ii) that the execution of the sentence appealed against be suspended pending the hearing of his appeal in which case he shall be treated as a remand prisoner pending the hearing of his appeal; and (b) in any other case, order that the execution of the sentence or order appealed against be suspended pending the hearing of his appeal. (2) Where the appeal is ultimately dismissed and the original sentence, being a sentence of imprisonment, is confirmed or some other sentence of imprisonment substituted therefor, the time during which the appellant has been released on bail or during which the sentence has been suspended shall be excluded in computing the term of imprisonment to which he is finally sentenced. [ s. 368] 248 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Further evidence Number of judges on appeal by appellant Withdrawal of appeal Act No. 9 of 2002 Sch. - 390 Verify source ↗
(1) In dealing with an appeal from a subordinate court,
AI-assisted research summary: In an appeal from a subordinate court, the High Court may take additional evidence itself or direct a subordinate court to take it, and must record its reasons if it does so.
390.–(1) In dealing with an appeal from a subordinate court, the High Court if it thinks additional evidence is necessary, shall record its reasons and may either take such evidence itself or direct it to be taken by a subordinate court. (2) When the additional evidence is taken by a subordinate court, that court shall certify the evidence to the High Court which shall thereupon proceed to dispose of the appeal. (3) Unless the High Court otherwise directs, the appellant or his advocate shall be present when the additional evidence is taken. (4) Evidence taken in pursuance of this section shall be taken as if it were evidence taken at a trial before a subordinate court. [ s. 369] - 391 Verify source ↗
(1) Appeals from subordinate courts shall be heard by
AI-assisted research summary: Appeals from subordinate courts are to be heard by one High Court judge unless the Chief Justice orders two or more judges; if the High Court is evenly split, the appeal is dismissed.
391.–(1) Appeals from subordinate courts shall be heard by one judge of the High Court except when in any particular case the Chief Justice directs that an appeal be heard by two or more judges of the High Court and such direction shall be given before the hearing of the appeal or at any time before judgment is delivered. (2) Where on the hearing of an appeal the High Court is equally divided in opinion, the appeal shall be dismissed. [ s. 370] - 392 Verify source ↗
(1) An appeal may be withdrawn at any time before
AI-assisted research summary: An appellant may withdraw an appeal before hearing by written notice to the Registrar, and the Registrar must mark it withdrawn and notify the respondent and subordinate court.
392.–(1) An appeal may be withdrawn at any time before hearing by a written notice to the Registrar signed by the appellant or his advocate, and upon that notice being given, the appeal shall be marked withdrawn. (2) When any appeal is withdrawn, the Registrar shall forthwith notify the respondent and the subordinate court in which that case originated. (3) An appeal which has been withdrawn may be restored by leave of the court on the application of the appellant if the court is satisfied that there are sufficient reasons that the appeal be heard. [ s. 371] 249 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Abatement of appeal on death of appellant Act No. 9 of 2002 Sch. Power of High Court to call for records Act No. 25 of 2002 Sch. - 393 Verify source ↗
Every appeal from a subordinate court, except an appeal
AI-assisted research summary: An appeal from a subordinate court abates if the appellant dies, except where the appeal is from a sentence of fine.
393. Every appeal from a subordinate court, except an appeal from a sentence of fine, shall abate on the death of the appellant. [ s. 371A] (b) Revision - 394 Verify source ↗
(1) The High Court may call for and examine the record
AI-assisted research summary: The High Court may review criminal proceedings from a subordinate court by calling for and examining the record.
394.–(1) The High Court may call for and examine the record of any criminal proceedings before any subordinate court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of any subordinate court. (2) Notwithstanding the provisions of subsection (1), no application for revision shall lie or be made in respect of any preliminary or interlocutory decision or order of a subordinate court unless such decision or order has the effect of finally determining the criminal charge. [ s. 372] Power of High Court on revision Act No. 4 of 1998 s. 26 - 395 Verify source ↗
(1) In the case of any proceedings in a subordinate court,
AI-assisted research summary: The High Court may revise certain subordinate court proceedings, including enhancing sentences or altering orders, but must hear the accused first and cannot impose a higher punishment than the subordinate court could, except in sexual offence cases.
395.–(1) In the case of any proceedings in a subordinate court, the record of which has been called for or which has been reported for orders or which otherwise comes to its knowledge, the High Court may- (a) in the case of conviction, exercise any of the powers conferred on it as a court of appeal by sections 387, 389 and 390 and may enhance the sentence; or (b) in the case of any other order other than an order of acquittal, alter or reverse such order, save that for the purposes of this paragraph a special finding under subsection (2) of section 235 of this Act shall be deemed not to be an order of acquittal. (2) An order under this section shall not be made to the prejudice of an accused person unless he has had an opportunity of being heard either personally or by an advocate in his own defence; save that an order reversing an order of a magistrate made under section 130 shall be deemed not to 250 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] have been made to the prejudice of an accused person within the meaning of this subsection. (3) Where the sentence dealt with under this section has been passed by a subordinate court, except if the matter involved a sexual offence, the High Court shall not inflict a greater punishment for the offence, which in the opinion of the High Court the accused has committed, than might have been inflicted by the court which imposed the sentence. (4) Nothing in this section shall be deemed to preclude the High Court converting a finding of acquittal into one of conviction where it deems necessary so to do in the interests of justice. (5) Where the High Court revises the record of proceedings in a subordinate court involving a sexual offence, it may if it considers that the justice of the case so requires inflict a punishment greater than that which the convicting court might have imposed but which the High Court could impose if the matter were to come to it on appeal as if the matter were in fact on appeal. (6) In this section, the term “sexual offence” means any of Cap. 16 the offences created in Chapter XV of the Penal Code. [ s. 373] Discretion of High Court as to hearing parties - 396 Verify source ↗
A party shall have no right to be heard either personally or
AI-assisted research summary: A party has no right to be heard personally or through an advocate before the High Court when it is exercising revision powers, but the High Court may choose to hear the party.
396. A party shall have no right to be heard either personally or by advocate before the High Court when exercising its power of revision; save that the High Court may, if it thinks fit when exercising such powers, hear any party either personally or by advocate, and that nothing in this section shall be deemed to affect subsection (2) of section 395. [ s. 374] Number of judges on revision - 397 Verify source ↗
All proceedings of the High Court in the exercise of its
AI-assisted research summary: In High Court revisional proceedings, one judge may hear the matter and make the judgment or order; if the judges are evenly split, the subordinate court’s sentence or order stands.
397. All proceedings of the High Court in the exercise of its revisional jurisdiction may be heard and any judgment or order thereon may be made or passed by one judge: 251 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] High Court order to be certified to lower court Interpretation Appeals by Director of Public Prosecutions Act No. 25 of 2002 Sch. Provided that, when the court is composed of more than one judge and is equally divided in opinion, the sentence or order of the subordinate court shall be upheld. [ s. 375] - 398 Verify source ↗
Where a case is revised by the High Court it shall certify
AI-assisted research summary: If the High Court revises a case, it must certify its decision or order to the court that made the original sentence or order.
398. Where a case is revised by the High Court it shall certify its decision or order to the court by which the sentence or order so revised was recorded or passed, and the court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision certified and, if necessary, the record shall be amended in accordance therewith. [ s. 376] (c) Appeals by Director of Public Prosecutions - 399 Verify source ↗
In the following section of this Part, unless the context
AI-assisted research summary: This section defines “Director of Public Prosecutions” and “respondent” for the following section, unless the context requires otherwise.
399. In the following section of this Part, unless the context otherwise requires- “Director of Public Prosecutions” includes any officer subordinate to him acting in accordance with his general or special instructions; “respondent” means the person who was the accused in the proceedings to which the appeal under section 400 relates and who may be affected by any order of the High Court on such appeal. [ s. 377] - 400 Verify source ↗
(1) Where the Director of Public Prosecutions is
AI-assisted research summary: The Director of Public Prosecutions may appeal to the High Court from certain subordinate court outcomes, and an appeal may cover both facts and law.
400.–(1) Where the Director of Public Prosecutions is dissatisfied with an acquittal, finding, sentence or order made or passed by a subordinate court, other than a subordinate court exercising its extended powers by virtue of an order made under section 179 of this Act, he may appeal to the High Court. (2) An appeal to the High Court under this section may be on a matter of fact as well as on a matter of law. (3) Notwithstanding the provisions of subsections (1) and (2), no appeal shall lie against or be made in respect of any 252 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CRIMINAL PROCEDURE ACT [CAP. 20 R.E. 2023] Limitation Acts Nos. 5 of 1988 s. 11; 10 of 1989 Sch.; 9 of 2002 Sch.; 1 of 2008 s. 31 Petition of appeal Act No. 9 of 2002 Sch. preliminary or interlocutory decision or order of a subordinate court unless such decision or order has the effect of finally determining the criminal charge. [ s. 378]
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