The National Prosecutions Service Act
This section gives the Act its short title: the National Prosecutions Service Act.
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About this statute
This section gives the Act its short title: the National Prosecutions Service Act. This Act applies to all criminal prosecutions and the coordination of investigations of crimes in Mainland Tanzania. This section defines key terms used in the Act, including several prosecution-related offices and the Service. This section establishes the National Prosecutions Service, says it is headed by the Director of Public Prosecutions, and allows the Director to appoint or designate officers to perform the Director’s functions. The Director of Public Prosecutions must appoint or employ enough staff for the National Prosecutions Service, and appoint a Law Officer for each Region and District. The Deputy Director manages day-to-day affairs and acts as a disciplinary authority for Service employees.
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Provisions of The National Prosecutions Service Act
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This section gives the Act its short title: the National Prosecutions Service Act.
1. This Act may be cited as the National Prosecutions Service Act. Application Interpretation Act No. 7 of 2018 s.50 and 51 - 2
This Act applies to all criminal prosecutions and the coordination of investigations of crimes in Mainland Tanzania.
2. This Act shall apply to in relation to all criminal prosecutions and the coordination of investigation of crimes in Mainland Tanzania. - 3 Verify source ↗
Short title
This section defines key terms used in the Act, including several prosecution-related offices and the Service.
3. In this Act, unless the context otherwise requires- “Attorney General” means the Attorney General appointed under Article 59 of the Constitution; “Constitution” means the Constitution of the United Republic of Tanzania, 1977; 5 The National Prosecutions Service Act [CAP. 430 R.E 2019] “Deputy Director of Public Prosecutions” means the Deputy Director of Public Prosecutions appointed pursuant to the provisions of this Act; “Director of Public Prosecutions” means the Director of Public Prosecutions appointed pursuant to sub-article (1) of Article 59B of the Constitution; “District Prosecution Officer” means the Law Officer appointed to be in-charge of prosecution matters in a District; Cap. 1 “Law Officer” has the meaning ascribed to it under the Interpretation of Laws Act; “Minister” means the Minister responsible for legal affairs; “public prosecutor” means a person appointed in accordance with this Act to conduct prosecution of a criminal case in the court of law; “Regional Prosecutions Officer” means the Law Officer appointed to be in-charge of prosecution matters in a Region; “Service” means the National Prosecutions Service; “State Attorney” means a person appointed under section 5 or designated as such to perform functions under this Act. PART II THE NATIONAL PROSECUTIONS SERVICE (a) The Service
Part
PART II
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This section establishes the National Prosecutions Service, says it is headed by the Director of Public Prosecutions, and allows the Director to appoint or designate officers to perform the Director’s functions.
4.-(1) There shall continue to be established an independent and autonomous Service to be known as the National Prosecutions Service. (2) The Service shall be headed by the Director of in Public Prosecutions appointed by accordance with Article 59B of the Constitution. the President (3) There shall be the Deputy Director of Public Prosecutions who shall be appointed by the President from 6 National Prosecutions Service Act No. 7 of 2018 s.52 The National Prosecutions Service Act [CAP. 430 R.E 2019] amongst persons with qualifications to be appointed as Judge of the High Court of Tanzania. (4) The Deputy Director of Public Prosecutions shall be the accounting officer of the Service and shall be the principal assistant the Director of Public to Prosecutions. (4A) The DPP may establish a specialized unit to deal with a designated area and appoint an in-charge for such unit. (5) Functions and powers of the Director of Public Prosecutions may be performed or exercised by the Deputy Director of Public Prosecutions, Regional Prosecution Officers, District Prosecution Officers, Law Officer, State Attorney or such other public officer designated as such by the Director of Public Prosecutions. (6) For the purposes of subsection (5), the Director of Public Prosecutions may by instrument appoint or designate any Law Officer, State Attorney or any other public officer to perform the functions or exercise powers of the Director of Public Prosecutions. (7) Without prejudice to subsection (6), any person who was a Law Officer, State Attorney or a Legal Officer appointed or designated to perform the functions or exercise powers of the Director of Public Prosecutions shall be deemed to have been appointed or designated as such. (8) The Director of Public Prosecutions, the Deputy Director of Public Prosecutions and any officer appointed to exercise the functions of the Service under this Act or any other written law shall have a locus standi in courts of the Director of Public law for and on behalf of Prosecutions. Appointment of Staff Act No. 7 of 2018 s.52 - 5
The Director of Public Prosecutions must appoint or employ enough staff for the National Prosecutions Service, and appoint a Law Officer for each Region and District. The Deputy Director manages day-to-day affairs and acts as a disciplinary authority for Service employees.
5.-(1) The Director of Public Prosecutions shall appoint or employ in the National Prosecutions Service and at every Regional and District offices of the Service such number of Law Officers, State Attorneys and other public 7 The National Prosecutions Service Act [CAP. 430 R.E 2019] officers as may be necessary for proper and effective performance of the functions and exercise of powers of the Director of Public Prosecutions. (2) The Deputy Director of Public Prosecutions shall be responsible for managing day to day affairs and be a disciplinary authority of employees in the National Prosecutions Service. (3) The Director of Public Prosecutions shall appoint for each Region and District a Law Officer to be in-charge of prosecution matters in the Region or District as the case may be and the person so appointed shall bear the title of Regional Prosecution Officer and District Prosecution Officer respectively. Power to issue orders, practices notes, others instruments Act No. 7 of 2018 s.52 - 6
The Director of Public Prosecutions may issue orders, practice notes, and other instruments for better management of the Service, and staff who do not comply may be treated for misconduct by the Deputy Director of Public Prosecutions.
6.-(1) The Director of Public Prosecutions may, for purposes of better management and organisation of the Service, issue General or Standing Orders, Practice Notes and other instruments as he may deem fit. (2) A staff in the Service who fails to comply with the Standing Orders, Practices Notes and other instruments issued under subsection (1), commits a misconduct to be dealt with by the Deputy Director of Public Prosecutions. Power to promulgate Code of Professional Conduct and Etiquettes Act No. 7 of 2018 s.52 GN. No. 168 of 2003 Guiding principles Act No. 7 of 2018 s.50 - 7
The Director of Public Prosecutions must prescribe a code of professional conduct and etiquettes for public prosecutors, and public prosecutors who breach it may face disciplinary action through the Deputy Director of Public Prosecutions.
7.-(1) The Director of Public Prosecutions shall prescribe the Code of Professional Conduct and Etiquettes for Public Prosecutors. (2) Any public prosecutor who breaches the Code for Public of Professional Conduct and Etiquettes Prosecutors commits a professional misconduct and shall be liable to disciplinary actions through the Deputy Director of Public Prosecutions in accordance with the Public Service Regulations. - 8 Verify source ↗
National Prosecutions Service
The Director of Public Prosecutions must follow listed principles when exercising powers and performing functions.
8. In the exercise of powers and performance of his functions, the Director of Public Prosecutions shall observe the following principles- 8 The National Prosecutions Service Act [CAP. 430 R.E 2019] (a) the need to do justice; (b) the need to prevent abuse of legal process; (c) the public interest; and (d) control of criminal proceedings. Power and functions of National Prosecution Services Act No. 7 of 2018 s.50 and 53 11 of 2019 s. 26 Cap.4 s.8 (b) Control of Criminal Proceedings - 9 Verify source ↗
9A. Compounding of offences
This section gives the National Prosecutions Service broad powers over prosecutions and criminal cases, and requires certain police or investigative officers to report specified offences to the Director of Public Prosecutions.
9.-(1) Notwithstanding the provisions of any other written law, the powers and functions of the National Prosecutions Service shall be to- (a) decide to prosecute or not to prosecute in relation to any offence; (b) take and conduct criminal cases on behalf of the sovereign of the United Republic, the Central Government, independent departments, executive agencies and the local government; (c) coordinate and supervise criminal investigation and conduct of criminal prosecution in courts of law other than court martial; appeal, (d) intervene and take over at any stage of criminal proceedings, any incidental proceedings before any court of law to which the Central Government, independent department, agency or a local government has interest; execution or (e) discontinue at any stage before judgement is delivered any criminal proceeding brought to the court by another person or authority; any public officer to issue directives performing functions relating to conduct of criminal prosecution in courts of law; (f) (g) direct the police and other investigative organs to investigate any information of a criminal nature and to report expeditiously; (h) appoint or employ and discipline Law Officers, State Attorneys and other staff of the National Prosecutions Service; (i) carry out the general supervision of Law 9 The National Prosecutions Service Act [CAP. 430 R.E 2019] Officers, State Attorneys and other officers or staff appointed or employed in the National Prosecutions Service; (j) administer legal functions performed by Law Officers, State Attorneys and other officer or staff of the National Prosecutions Service; and (k) summon any public officer to give explanation, or information regarding any matter which is or the subject of criminal likely prosecution. to be Caps.20 and 11 and institution (2) The functions referred to in subsection (1) shall include summary proceedings, committal proceedings or a preliminary hearing under the Criminal Procedure Act, the Magistrates’ to criminal Courts Act or any other proceedings. law relating conducting of (3) Nothing in this section shall prevent the Director of Public Prosecutions to take over and continue proceedings in the name of the person or authority that instituted those proceedings. (4) The Police Officer or the Officer of any other investigative organ in-charge of any area or authority to be specified by the Director of Public Prosecutions shall, in respect of offences alleged to have been committed within that area, report to the Director of Public Prosecutions any- (a) offence punishable with death; (b) offence in respect of which a prosecution is by law required to be instituted with the consent of the Director of Public Prosecutions; (c) case in which a request for information is made by the Director of Public Prosecutions; (d) case in which it appears to such Police Officer or the officer of any other investigative organ that the advice or assistance of the Director of Public Prosecutions is desirable; or (e) other offence specified by the Director of Public Prosecutions to be an offence in respect is of which a report under this section 10 The National Prosecutions Service Act [CAP. 430 R.E 2019] necessary. (4) means and (5) The term “area” or “authority” as used in subsection includes a geographical jurisdiction of a police post, station, district, region or zone, a corresponding office of any other investigative organ or a person to whom a command or a directive may be issued as the case may be. (6) The Director shall establish and maintain a system whereby the process of seeking and obtaining his consent for prosecutions, may be expedited. (7) The Deputy Director of Public Prosecutions, Heads of Divisions within service, Regional Prosecution Officers or District Prosecution Officers, shall, subject to regulations prescribed under subsection (8), have powers to consent for prosecution of offences which require consent of the Director of Public Prosecutions. (8) The Minister may make regulations prescribing for offences, value of offence or any other matters the consent of which may be issued by officers specified under subsection (7). the - 9A Verify source ↗
Compounding of offences
The Director may compound certain offences, and agencies or authorities that can compound offences must send monthly reports to the Director. The Minister may make regulations about procedures under this section.
9A.-(1) Notwithstanding the provisions of any other written law relating to compounding of offences with the consent of the offender, the Director (a) any offence which by law an authorized officer is allowed to compound; or (b) any offence the punishment of which is a fine. (2) All agencies and authorities allowed to compound offences by any written law shall submit monthly reports to the Director. (3) The Minister may, by regulations, prescribe the procedures for better carrying into effect of the provisions of this section. - 10
The Director of Public Prosecutions may take over certain private-prosecution appeals, revisions, or applications, may continue or withdraw them, and must give reasons and notify the appellant or applicant if withdrawing.
10.-(1) Notwithstanding the provisions of any law relating to appeals, revisions or application, it shall be the function of the Director of Public Prosecutions to- (a) institute, conduct proceedings in courts of law; and and defend criminal 11 Compounding of offences Act No. 11 of 2019 s. 27 Appeals, revision and applications Act No. 7 of 2018 s.50 The National Prosecutions Service Act [CAP. 430 R.E 2019] (b) take over an appeal, revision or application arising from private prosecution, whether as appellant, applicant or respondent and where the Director of Public Prosecutions takes over the appeal as appellant or applicant, he may continue or otherwise withdraw the appeal. (2) Where the Director of Public Prosecutions takes over an appeal, revision or application pursuant to subsection (1)(b) and subsequently decides to withdraw the appeal, revision or application, he shall give reasons for the decision and inform the appellant or applicant as the case may be. (3) For avoidance of doubt, the functions specified in this section may also be performed by a State Attorney or a public prosecutor in accordance with the provisions of this Act. - 11 Verify source ↗
Appeals, revision and applications
The Service must take steps to secure extradition, facilitate mutual assistance in criminal matters, and carry out other prosecution-related assistance, subject to the listed laws.
11. The Service, in accordance with the provisions of the Extradition Act, the Mutual Assistance in Criminal Matters Act, the Proceeds of Crimes Act, and any other written law shall take the necessary steps to- (a) secure extradition of any person required to answer a charge of an offence; Assistance in criminal matters Caps No. 254, 256 and 368 (b) facilitate mutual assistance in criminal matters; (c) perform any other to facilitation of prosecution or any other criminal matter. (c) Related Functions function related Payment and forfeiture to the Government Act No. 7 of 2018 s.50 Cap.254 - 12
If the Service conducts proceedings under another law and this leads to money owed to the Government or property forfeited to the Government under a court order, the Director of Public Prosecutions must take further steps needed to recover the amount or enforce the forfeiture or order.
12. Where the Service conducts proceedings under any other law in force and as a result of the proceedings a person becomes liable to pay an amount to the Government or property is forfeited to the Government under a court order, the Director of Public Prosecutions shall take any further proceedings or step that may be required to recover the amount or enforce the forfeiture or order. Assistance to officers of other jurisdictions Act No. - 13
The Service must provide assistance in Mainland Tanzania for corresponding functions of public officers from other governments, if applicable laws or procedures are complied with.
13.-(1) It shall be the function of the Service to provide assistance in Mainland Tanzania in respect of a corresponding function of a corresponding public officer 12 The National Prosecutions Service Act [CAP. 430 R.E 2019] 7 of 2018 s.50 from other governments provided that the applicable laws or procedures are complied with. (2) In subsection (1) of this section- “corresponding function function” means a similar to a function of the Director of Public Prosecutions; “corresponding public officer” means a public officer having corresponding functions in another jurisdiction. Inquests Act No. 7 of 2018 s.50 Cap.24 Related functions Cap.4 s.8 - 14
The Director of Public Prosecutions may participate in proceedings under the Inquest Act if he considers it relevant to the Service’s function and justified by the case circumstances.
14. The Director of Public Prosecutions may participate in proceedings under the Inquest Act, where he is of the opinion that such participation is relevant to the function of the Service and is justified by the circumstances of the case. - 15
The Service may institute, intervene in, and conduct proceedings connected with its functions, and do anything incidental or necessary to perform those functions.
15. It shall be a function of the Service to- (a) institute, intervene and conduct proceedings that are connected with or arising out of a function of the Service; or (b) do anything that is incidental or necessary to the the functions of the performance of Service. (d) Coordination of Investigation Powers of Director of Public Prosecutions Act No. 7 of 2018 s.50 - 16
The Director of Public Prosecutions has powers to manage criminal investigations and must regularly visit places holding inmates.
16.-(1) Notwithstanding the provisions of any other law in force for the time being, the Director of Public Prosecutions shall have powers to do all things that are necessary to be done for the purpose of performing the functions of the Service including the coordination of criminal investigations. (2) In the exercise of powers, the Director of Public Prosecutions may require any authority mandated with investigative investigate any criminal allegations that have come to the Director of Public Prosecution’s knowledge and furnish him with a report on the result of such investigations and that the Director of functions to 13 The National Prosecutions Service Act [CAP. 430 R.E 2019] Public Prosecutions shall have power to order that investigation be conducted by an investigative organ named in the order. (3) Without prejudice to other provisions of this Act or any other law, the Director of Public Prosecutions may order that a State Attorney coordinate an investigation of a crime and every investigating officer shall comply with that order. (4) The Director of Public Prosecutions shall regularly visit places where inmates are kept such as Prisons, Police Cells and Remand Homes for purposes connected to the administration of criminal justice. - 17
The Director of Public Prosecutions may issue written directives to defined officials to get information or assistance for investigations or prosecutions, and those officials must comply and report progress.
17.-(1) Without prejudice to the provisions of any other law, the Director of Public Prosecutions may, in accordance with subsection (2), issue a directive in writing to any official as defined in subsection (5) of this section, for the purposes of obtaining information relevant to the investigation or prosecution of an offence. (2) Where the Director of Public Prosecutions has instituted or taken over, or is considering whether to bring or take over a prosecution, appeal, revision or any other proceedings in relation to an offence or suspected offence, a directive may be issued for- Director of Public Prosecutions may require information Act No. 7 of 2018 s.50 (a) any specified information, document, material to be of Public or any other relevant furnished to Prosecutions; or the Director information (b) the provision of assistance, including the carrying out of an investigation or further investigation of a matter, in relation to the offence or suspected offence. (3) An official to whom a directive is issued under this section shall comply with it and always keep the Director of Public Prosecutions informed of the progress made in complying with the directive. (4) An official who willfully refuses or neglects to comply with the directives issued under this section 14 The National Prosecutions Service Act [CAP. 430 R.E 2019] commits an offence and the Director of Public Prosecutions may cause disciplinary measures to be taken against such official by his employer. (5) Notwithstanding subsection (4), where the offence has caused or his capable of causing infringement of basic human rights to any person or loss to the government, the official shall be liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months or to both. (6) For the purpose of this section- “document” includes date recorded or store mechanically, or electronically and any tape, disc or other device or medium on which it is recorded or stored; photographically “official” means- (a) a member of the Police Force, Prisons Service or the Prevention and Combating of Corruption Bureau, or a public officer employed in any other Department the Government; or or Agency of (b) a person employed by an authority or corporation established under any law and authorized by or under the law to investigate or to make a complaint in relation to an offence against any law in force. Director of Public Prosecutions may issue orders, guidelines, instructions Acts Nos. 6 of 2012 s.4 7 of 2018 s.50 - 18 Verify source ↗
(c) Related Functions
The Director of Public Prosecutions may issue orders, guidelines, written directions, and other instructions to prosecution officers and specified officials, including directions not to bring certain prosecutions and to refer matters to the DPP.
18.-(1) The Director of Public Prosecutions may, subject to the provisions of this Act, issue orders, guidelines or instructions for observance to all officers in the Service and all officials referred to in section 17(1) of this Act in the execution of their functions. (2) The Director of Public Prosecutions may issue directions in writing to an official referred to in section 17(1) of this Act to the effect that- (a) a prosecution for a specified offence or class of offences shall not be brought by that official; 15 The National Prosecutions Service Act [CAP. 430 R.E 2019] and (b) all matters relating to any such offence shall be referred to the Director of Public Prosecutions and any directives so issued shall be complied with. (3) Notwithstanding the provision of subsection (2), the Director of Public Prosecutions may direct that proceedings be brought in respect of an offence referred to in that subsection. (4) The orders, guidelines and instructions issued under this section may be published in the Gazette. PART III TENURE, REMOVAL AND RETIREMENT OF THE DIRECTOR OF PUBLIC PROSECUTIONS Tenure of office of Director of Public Prosecutions Act No. 7 of 2018 s.50 and 54
Part
PART III
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This section sets rules for appointing, investigating the removal of, and removing the Director of Public Prosecutions.
19.-(1) The Director of Public Prosecutions shall have terms and conditions of service as those of a High Court judge. (2) A person shall not be qualified to be appointed the Director of Public Prosecutions unless that person is qualified to be appointed a Judge of the High Court. (3) The Director of Public Prosecutions shall not be removed from office except for and on the reason of- Cap.268 (a) inability to perform his functions for reasons of illness or any other reason; or (b) a conduct inconsistent with the Code of Professional Conduct and Etiquettes for Public Prosecutors. (4) Where the President considers that the question or removal of the Director of Public Prosecutions from office needs to be investigated, then the President shall appoint a Special Tribunal. (5) The Tribunal shall consist of a Chairman and two other persons nominated from amongst persons who 16 The National Prosecutions Service Act [CAP. 430 R.E 2019] hold or have held the office of or could have qualified to be appointed a Judge of a High Court or a Court of Appeal. (6) The Tribunal shall investigate the matter and recommend to the President on whether the Director of Public Prosecutions be removed or not. (7) Where the Tribunal recommends for the removal of the Director, then the President shall remove the Director of Public Prosecutions. (8) In carrying out its functions, the Tribunal shall have regard to the rules on natural justice, constitutional safeguards and the need to uphold the integrity of the public service. - 20
The Director of Public Prosecutions must retire from office when reaching the compulsory retirement age.
20. The Director of Public Prosecutions shall retire the age of compulsory from office upon attaining retirement with retirement benefits which are similar to those of a Judge of the High Court. Retirement from office Act No. 7 of 2018 s.50 Resignation Act No. 7 of 2018 s.50 - 21 Verify source ↗
Tenure of office of Director of Public Prosecutions
The Director of Public Prosecutions may resign from office by sending a signed resignation letter to the President.
21. The Director of Public Prosecutions may resign from office by tendering a letter of resignation signed by him to the President. Power to appoint public prosecutors Acts. Nos. 6 of 2012 s.5 7 of 2018 s.50 PART IV ADMINISTRATIVE PROVISIONS
Part
PART IV
- 22 Verify source ↗
Power to appoint public prosecutors
The Director of Public Prosecutions may appoint public prosecutors by Gazette notice, and appointed prosecutors must follow the Director’s directives and remain under the stated supervision and control.
22.-(1) The Director of Public Prosecutions may, by notice in the Gazette, appoint a person to be a public prosecutor from other departments of the Government, local government authorities, private practice or any legal officer to prosecute any case on the Director of Public Prosecutions’ behalf. (2) A person appointed as public prosecutor shall be required to comply with directives, instructions and guidelines issued by the Director of Public Prosecutions. (3) Every public prosecutor shall be under the superintendence and control of the Director of Public Prosecutions, Law Officer or a State Attorney in charge of the zone, region, district or any other geographical division 17 The National Prosecutions Service Act [CAP. 430 R.E 2019] within which any such public prosecutor is situated in respect of all prosecution maters and shall be required to submit periodic the Director of Public to Prosecutions, Law Officer or respective State Attorney. returns - 23 Verify source ↗
Delegation of powers
The Director of Public Prosecutions may delegate powers and functions by instrument to a member of the Service or a public prosecutor, except the power of delegation itself.
23.-(1) The Director of Public Prosecutions may by instrument delegate to a member of the Service or a public prosecutor any of the Director of Public Prosecutions’ powers and functions other than his power of delegation. (2) Any power or function delegated under this section, when exercised or performed by a delegate, shall be deemed to have been exercised or performed by the Director of Public Prosecutions. (3) A delegation under this section shall not prevent the exercise of such power or performance of such function by the Director of Public Prosecutions. - 24 Verify source ↗
Coordination of investigation of crimes
The Director of Public Prosecutions must coordinate crime investigations and, with the investigative organs, develop guidelines to support effective participation in the process.
24.-(1) The Director of Public Prosecutions shall coordinate the investigation of crimes. (2) The Director of Public Prosecutions in consultation with the investigative organs shall develop guidelines to facilitate the effective participation of the investigative Director of Public Prosecutions process. the in - 25 Verify source ↗
Sources of funds
The Service’s funds consist of parliamentary appropriations, donations or grants, and other money or assets that vest in or accrue to the Service under fees, grants, or other laws.
25. The funds of the Service shall consist of- (a) any sums that may be appropriated by the Parliament; (b) any moneys by way of donations or grants made within and outside the United Republic; and (c) such sums of money or assets which may vest in or accrue to the Service from other sources by way of fees, grants or in any other way under this Act or any other written law. - 25A Verify source ↗
Annual estimates
The Service must prepare annual revenue and expenditure estimates before the financial year starts, submit them to the Minister, and the Minister must lay them before the National Assembly within three months.
25A.-(1) The the Service commencement of the financial year, cause to be prepared, estimates of the revenue and expenditure for the year. before shall, 18 Delegation of powers Act No. 7 of 2018 s.50 Coordination of investigation of crimes Act No. 7 of 2018 s.50 Sources of funds Act No. 7 of 2018 s.55 Annual estimates Act No. 7 of 2018 The National Prosecutions Service Act [CAP. 430 R.E 2019] s.56 Annual performance report Act No. 7 of 2018 s.56 Books of accounts Act No. 7 of 2018 s.56 (2) The annual estimates shall be submitted to the Minister who shall cause the same to be laid before the National Assembly within three months from the date of their submission to him. - 25B Verify source ↗
Annual performance report
The Service must submit bi-annual performance reports for the financial year to the Minister, with a copy to the Attorney General, and the Service’s performance must be audited by the Controller and Auditor General.
25B.-(1) The Service shall submit bi-annual performance reports in respect of the financial year to the Minister and a copy to the Attorney General. (2) The performance of the Service shall be audited by the Controller and Auditor General. - 25C Verify source ↗
Books of accounts
The Service must keep proper books of accounts, submit annual accounts and related statements to the Controller and Auditor General within three months after each financial year ends, and have the accounts audited by that office.
25C.-(1) The Service shall keep proper books of accounts. (2) Within three months from the end of each financial year, the Service shall submit to the Controller and Auditor General accounts of the Service together with- (a) a statement of financial activities and income and expenditure during that financial year; and (b) a statement of assets and liabilities of the Service existing at the end of such financial year. (3) The accounts of the Service shall be audited by the Controller and Auditor General. PART V GENERAL PROVISIONS Judicial notice Act No. 7 of 2018 s.50
Part
PART V
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People acting in a judicial capacity must take judicial notice of the Director of Public Prosecutions’ official signature and status.
26. All persons acting in judicial capacity shall be required to take judicial notice of- (a) the official signature of a person who is or has been the Director of Public Prosecutions or a person acting or has acted on that behalf on any document tendered before the court; and (b) the fact that a person is or was the Director of Public Prosecutions, or act or acted on that behalf as the case may be. 19 The National Prosecutions Service Act [CAP. 430 R.E 2019] National Criminal Justice Forum Act No. 7 of 2018 S.57 - 27 Verify source ↗
Judicial notice
This section establishes the National Criminal Justice Forum and sets out its members, meeting rules, quorum, reporting duty, and powers.
27.-(1) There is established a National Criminal Justice Forum whose role shall be to- (a) undertake strategic analysis relevant in the criminal justice system; and (b) address challenges and complaints facing the criminal justice system. (2) The Forum shall consist of the following members- (a) the Director of Public Prosecutions who shall be the Chairman; (b) the Inspector General of Police; (c) the Chief Registrar of the Judiciary of Tanzania; (d) the Director General of Tanzania Intelligence and Security Service; (e) the Director General of the Prevention and Combating of Corruption Bureau; (f) the Commissioner General of Immigration; (g) the Commissioner General of Prisons; (h) the Commissioner General of the Drug Control the Director of Community Service; and Enforcement Authority; the Commissioner of Social Welfare; the Chief Government Chemist; (i) (j) (k) the Chairman of the National Parole Board; (l) (m) the Director responsible for legal services in the Ministry responsible for local governments; (n) the Director responsible for justice monitoring in the Ministry responsible for legal affairs; and (o) the Director of Criminal Investigation who shall be the Secretary. (3) The Forum may co-opt any other person as it deems necessary. (4) The Forum shall meet at least twice a year but may meet at any time if there is any issue to discuss for the 20 The National Prosecutions Service Act [CAP. 430 R.E 2019] purpose of improving the administration of criminal justice. (5) The quorum at any meeting of the Forum shall be half of the members. (6) The Forum may regulate its own proceedings. (7) The Forum shall prepare and submit a report of its deliberations to the Permanent Secretary of the Ministry responsible for legal affairs who shall advise the Minister and cause the same to be submitted to the National Criminal Justice Ministerial Committee. (8) The National Criminal Justice Forum may- (a) share experience with the criminal justice system in Tanzania Zanzibar and elsewhere and adopt best practices for implementation as it deems fit; (b) issue guidelines of understanding for use by the criminal justice actors in their operations; and (c) regulate its own proceedings. or memorandum National Criminal Justice Ministerial Committee Act No. 7 of 2018 s.58 - 27A Verify source ↗
National Criminal Justice Ministerial Committee
This section creates the National Criminal Justice Ministerial Committee and gives it limited internal and advisory powers.
27A.-(1) For purposes of section 27, there shall be the National Criminal Justice Ministerial Committee. (2) The Committee shall consist of the following members- (a) the Minister who shall be the Chairman of the Committee; (b) the Minister responsible for home affairs; (c) the Minister responsible for good governance; (d) the Minister responsible for local governments; (e) the Minister responsible for social welfare; (f) the Minister responsible for finance; (g) the Minister responsible for drug control and enforcement; and (h) the Attorney General. (3) The National Criminal Justice Ministerial 21 The National Prosecutions Service Act [CAP. 430 R.E 2019] to administration of criminal Committee shall consider and deliberate on policy issues relating justice as recommended to it by the National Criminal Justice Forum and may advise on how any of such issues shall be dealt with at sectoral or national level. (4) The Permanent Secretary of the Ministry responsible for legal affairs shall be Secretary to the Committee. (5) The Committee, in the discharge of its duties, may co-opt any person as it may deem fit. (6) The Committee may regulate its own proceedings. Regional Criminal Justice Forum Act No. 7 of 2018 s.58 - 27B Verify source ↗
Regional Criminal Justice Forum
A Regional Criminal Justice Forum is established in every region, must meet at least twice a year, may co-opt people it considers suitable, and must prepare and submit a report to the Chairman of the National Criminal Justice Forum.
27B.-(1) There is established in every region a Regional Criminal Justice Forum whose role shall be to create an opportunity for actors of criminal justice in the respective region to meet and discuss strategic issues involved in the administration of criminal justice. (2) The Forum shall consist of the following members: (a) the Regional Prosecutions Officer who shall be the Chairman; (b) the Deputy Registrar of the respective High Court zone; (c) the Regional Security Officer; (d) the Regional Chief of the Prevention and Combating of Corruption Bureau; (e) the Regional Prisons Officer; (f) the Regional Coordinator of Community Service; (g) the Chairman of the Regional Parole Board; (h) the Regional Social Welfare Officer; (i) the Law Officer in the Regional Administrative Secretary’s Office; the officer in-charge in the Chief Government Chemist office of the respective region; and (k) the Regional Crimes Officer who shall be the (j) 22 The National Prosecutions Service Act [CAP. 430 R.E 2019] District Criminal Justice Forum Act No. 7 of 2018 s.58 Secretary. (3) The Forum may co-opt any person as it deems fit. (4) The Forum shall meet at least twice annually. (5) The Regional Forum shall prepare a report and submit it to the Chairman of the National Criminal Justice the recommendations for Forum who shall forward deliberations by the National Criminal Justice meetings. (6) The Forum shall work closely with the Case- flow Management Committees established for each Region or District in relation to matters of criminal nature. - 27C Verify source ↗
District Criminal Justice Forum
Each district must have a District Criminal Justice Forum, which must meet at least twice a year and prepare a district criminal justice report for the Regional Criminal Justice Forum.
27C.-(1) There is established in every district the District Criminal Justice Forum. (2) The Forum under subsection (1) shall consist of- (a) the District Prosecutions Officer who shall be the Chairman; (b) the District Resident Magistrate in-charge; (c) the District Security Officer; (d) the District Chief of the Prevention and Combating of Corruption Bureau; (e) the District Prisons Officer; (f) the District Coordinator of Community Service; (g) the Social Welfare Officer; and (h) the Officer Commanding of Criminal Investigation Department of the respective District who shall be the Secretary. (3) The District Criminal Justice Forum may, in the discharge of its duties, co-opt any person as it deems fit. (4) The District Criminal Justice Forum shall meet at least twice annually. (5) The District Criminal Justice Forum shall prepare a report on criminal justice within the District for submission to the Regional Criminal Justice Forum. 23 The National Prosecutions Service Act [CAP. 430 R.E 2019] Powers to make Regulations - 28
The Minister may make regulations needed to better carry out this Act.
28.-(1) The Minister may make regulations as may be necessary for the better carrying out of the provisions of this Act. (2) Without prejudice to subsection (1), the Minister may, after consultation with the Attorney General, make regulations providing for- (a) administration of the Service; and (b) such other matter as may or are required to be prescribed under this Act or as may be necessary for expedient and effective exercise of such powers and performance of the functions by the Service. Transitional and savings Act No. 7 of 2018 s.50 - 29 Verify source ↗
Powers to make Regulations
This section makes the Act apply to some earlier criminal proceedings and sets out how pending prosecution matters are to be transferred or treated after commencement.
29.-(1) The application of this Act shall extend to offences committed, prosecutions commenced, appeals or revisions preferred in courts of law before the date of coming into operation of this Act. (2) Upon the coming into operation of this Act- (a) the Service shall gradually take over from Government departments or authorities the conduct of criminal proceedings instituted before the commencement of this Act; (b) all acts, matters and things lawfully made or done by or on behalf of or in the name of the Republic in relation to criminal proceedings shall be deemed to have been made or done by or on behalf of or in the name of the Director of Public Prosecutions; (c) all documents serves on or by or on behalf of on in the name of any other person in connection with criminal proceedings shall be deemed to have been served on or by or on behalf of the Director of Public Prosecutions; and (d) all appointments of public prosecutors under the Criminal Procedure Act, shall be treated as if they were made under this Act unless any of such appointment is revoked by the Director of Public Prosecutions. 24 Cap.20 The National Prosecutions Service Act [CAP. 430 R.E 2019] (3) Notwithstanding the provisions of subsections (1) and (2), the powers of any authority, sanction or consent given before the date of coming into operation of this Act by the Attorney General, the Director of Public Prosecutions or any other person so empowered to commence proceedings in relation to an offence under any written law shall not abate or be otherwise affected. PART VI OMITTED ____________________________________ 25
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The National Prosecutions Service Act
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