The Criminal Procedure Act
Part 1 of 2 · provisions 1–200
If two or more people are charged together with a crime, the charge does not need to spell out each alternative way they may have committed it.
AI-assisted research synopsis — verify against the official legal text below.
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About this statute
If two or more people are charged together with a crime, the charge does not need to spell out each alternative way they may have committed it. A person who has already been tried and convicted or acquitted cannot be tried again for the same offence on the same facts unless that conviction or acquittal has been reversed or set aside. A person who has been convicted or acquitted of an offence may later be tried for another offence that could have been charged in the earlier trial under section 134(1). A person who was convicted or acquitted for an act may later be tried for a different offence if the consequences had not happened, or were not known to the court, at the time of the first case. A person can still be charged and tried for another offence based on the same acts if the first court was not competent to try that offence.
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Provisions of The Criminal Procedure Act
Showing 200 of 374
- 136 Verify source ↗
Case of two or more persons charged
AI-assisted research summary: If two or more people are charged together with a crime, the charge does not need to spell out each alternative way they may have committed it.
136. Where in any charge, two or more persons are charged together with committing a crime, it shall not be necessary to allege that “both and each” or “one or other”, or that “all and each” or “one or more” of them committed the crime, or did or failed to do any particular act; but such alternatives shall be implied in all such charges. (c) Previous Conviction or Acquittal Persons convicted - 137 Verify source ↗
Persons convicted or acquitted not to be tried again for same
AI-assisted research summary: A person who has already been tried and convicted or acquitted cannot be tried again for the same offence on the same facts unless that conviction or acquittal has been reversed or set aside.
137. A person who has once been tried by a court 93 Criminal Procedure Act [CAP. 20 R.E. 2022] or acquitted not to be tried again for same offence of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal has not been reversed or set aside, not be liable to be tried again on the same facts for the same offence. Person may be tried again for separate offences - 138 Verify source ↗
Person may be tried again for separate offences
AI-assisted research summary: A person who has been convicted or acquitted of an offence may later be tried for another offence that could have been charged in the earlier trial under section 134(1).
138. A person convicted or acquitted of any offence may be afterwards tried for any other offence with which he might have been charged on the former trial under subsection (1) of section 134. Consequences supervening or not known at time of former trial - 139 Verify source ↗
Consequences supervening or not known at time of former trial
AI-assisted research summary: A person who was convicted or acquitted for an act may later be tried for a different offence if the consequences had not happened, or were not known to the court, at the time of the first case.
139. A person convicted or acquitted of any act causing consequences which together with such act constitute a different offence from that for which such person was convicted or acquitted, may be afterwards tried for such last- mentioned offence if the consequences had not happened or were not known to the court to have happened at the time when he was convicted or acquitted. Where original court was not competent to try subsequent charge - 140 Verify source ↗
Where original court was not competent to try subsequent charge
AI-assisted research summary: A person can still be charged and tried for another offence based on the same acts if the first court was not competent to try that offence.
140. A person convicted or acquitted of any offence constituted by any act may, notwithstanding such conviction or acquittal, be subsequently charged with and tried for any other offence constituted by the same acts which he may have committed, if the court by which he was first tried was not competent to try the offence with which he is subsequently charged. Previous conviction, how proved - 141 Verify source ↗
Previous conviction, how proved
AI-assisted research summary: A previous conviction may be proved in criminal proceedings by specified certificates, records, warrants, or a final judgment, and some fingerprint-based certificates count as prima facie evidence if the stated conditions are met.
141.-(1) In any inquiry, trial or other proceeding under this Act, a previous conviction may be proved, in addition to any other mode provided by any law for the time being in force- (a) by an extract certified, under the hand of the officer having the custody of the records of the court in which such conviction was had, to be a copy of the sentence or order; (b) by a certificate signed by the officer in charge of the prison in which the punishment or any part of it was inflicted; (c) by production of the warrant of commitment under which the punishment was suffered; or 94 Criminal Procedure Act [CAP. 20 R.E. 2022] (d) by production of a final judgment of a competent court finally declaring a person to be guilty of the offence, together with, in each such case, evidence as to the the accused person with the person so identity of convicted. (2) A certificate in the form prescribed by the Director of Public Prosecutions given under the hand of an officer appointed by him in that behalf, who shall have compared the fingerprints of an accused person with the fingerprints of a person previously convicted, shall be prima facie evidence of all facts set forth in it provided it is produced by the person who took the fingerprints of the accused. (3) A previous conviction in any place outside Tanzania may be proved by the production of a certificate purporting to be given under the hand of a police officer in the country where the conviction was had, containing a copy of the sentence or order and the fingerprints or photographs of the persons so the fingerprints of convicted, together with either- the fingerprints, or (a) evidence that the previously of by person the Director the photographs, convicted are those of the accused person; or (b) a certificate given under the hand of an officer of Public appointed Prosecutions under subsection (2) that he has compared the fingerprints, or the photographs, of the person previously convicted with the fingerprints or the photographs of the accused person and that they are those of one and the same person. (4) A certificate purporting to be given under the hand of a police officer in the country where the conviction was had and a certificate given in accordance with the provisions of paragraph (b) of subsection (3) shall, if in the case of the latter certificate, it is produced by the person who took the fingerprints of the accused person, be prima facie evidence of all facts set forth in it 95 Criminal Procedure Act [CAP. 20 R.E. 2022] without proof that the officer purporting to sign it, did in fact sign it and was empowered to do so. (d) Compelling Attendance of Witnesses
Part
part of it was inflicted;
- 142 Verify source ↗
Summons for witness
AI-assisted research summary: A court may summon a person to attend and, if needed, bring and produce specified or sufficiently described documents and writings as evidence.
142.-(1) Where it is made to appear that material evidence can be given by or is in the possession of any person, it shall be lawful for a court to issue summons to that person requiring his attendance before the court or requiring him to bring and produce to the court for the purpose of evidence all documents and writings in his possession or power which may be specified or otherwise sufficiently described in the summons. (2) Nothing in this section shall be deemed to affect the provisions of section 132 of the Evidence Act. - 143 Verify source ↗
Warrant for witness who disobeys summons
AI-assisted research summary: If a witness fails to appear after being properly served with a court summons, the court may issue a warrant to bring the witness before it.
143. Where, without sufficient excuse, a witness does not appear in obedience to a summons of the court, on proof of the proper service of the summons a reasonable time before he is required to appear may issue a warrant to bring him before the court at such time and place as shall be specified in the warrant. Summons for witness Cap. 6 Warrant for witness who disobeys summons Warrant for witness in first appearance - 144 Verify source ↗
Warrant for witness in first appearance
AI-assisted research summary: If the court has evidence on oath that a witness will not attend unless compelled, it may issue a warrant for the witness’s arrest and production before the court.
144. Where the court is satisfied by evidence on oath that a witness will not attend unless compelled to do so, it may at once issue a warrant for the arrest and production of the witness before the court at a time and place to be specified in the warrant of arrest. M ode of dealing with witness arrested under warrant Cap. 4 s. 8 - 145 Verify source ↗
Mode of dealing with witness arrested under warrant
AI-assisted research summary: If a witness is arrested under a warrant, the court may release them if they provide security by recognisance for appearing at the hearing; if they do not provide security, the court must order detention for production at the hearing.
145. Where a witness is arrested under a warrant the court may, on his furnishing security by recognisance to the satisfaction of the court for his appearance at the hearing of the case, order him to be released from custody, or shall, on his failing to furnish security, order him to be detained for production at the hearing. Power of court to order prisoner to be brought up for examination - 146 Verify source ↗
Power of court to order prisoner to be brought up for examination
AI-assisted research summary: A court may order a prison officer to bring a prisoner before the court for examination, and the officer must comply and keep the prisoner safely during the absence.
146.-(1) Any court desirous of examining as a witness, in any case pending before it, any person confined in any prison within the local limits of its 96 Criminal Procedure Act [CAP. 20 R.E. 2022] Penalty for non- attendance of witness jurisdiction may issue an order to the officer in charge of the prison requiring him to bring that prisoner in proper custody, at a time to be named in the order, before the court for examination. (2) The officer so in charge, on receipt of the order, shall act in accordance with it and shall provide for the safe custody of the prisoner during his absence from the prison for the purpose specified in the order. - 147 Verify source ↗
Penalty for non-attendance of witness
AI-assisted research summary: A summoned witness who lacks lawful excuse and does not attend, leaves without permission, or fails to attend after adjournment may be fined up to 500 shillings.
147.-(1) Any person summoned to attend as a witness who, without lawful excuse, fails to attend as required by the summons or who, having attended, departs without having obtained the permission of the court or fails to attend after adjournment of the court after being ordered to attend, shall be liable by order of the court to a fine not exceeding five hundred shillings. (2) The fine imposed under subsection (1) may be levied by attachment and sale of any movable property belonging to the witness which is within the local limits of the jurisdiction of the court. (3) In default of recovery of the fine by attachment and sale the witness may, by order of the court, be imprisoned as a civil prisoner for a term of fifteen days unless the fine is paid before the end of the said term. (4) For good cause shown, the High Court may remit or reduce any fine imposed under this section by a subordinate court. (e) Provisions as to Bail, Recognisances and Bonds Bail Acts Nos. 12 of 1987 s. 25; 13 of 1988 Sch.; 10 of 1989 Sch.; 27 of 1991 Sch.; 12 of 1998 Sch.; - 148 Verify source ↗
Bail
AI-assisted research summary: This section lets a police officer, court, or High Court grant bail, but sets mandatory bail conditions and blocks bail for listed serious offences or other specified situations.
148.-(1) Where any person is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a court and is prepared at any time while in the custody of that officer or at any stage of the proceedings before that court to give bail the officer or the court, as the case may be, may, subject to the following provisions of this section, admit that person to bail; save that the officer or the court may, instead of taking bail from that person, release him on his executing 97 Criminal Procedure Act [CAP. 20 R.E. 2022] 9 of 2002 Sch.; 21 of 2002 s. 49; 2 of 2007 s. 19; 6 of 2008 s. 39; Cap. 4 s. 8 Cap. 95 a bond with or without sureties for his appearance as provided in this section. (2) The amount of a bail shall be fixed with due regard to the gravity and other circumstances of the case, but shall not be excessive. in (3) The High Court may, subject to subsections (4) and (5) of this section, in any case direct that any person be admitted to bail or that the bail required by a subordinate court or a police officer be reduced. (4) Notwithstanding anything this section contained, no police officer or court shall, after a person is arrested and while he is awaiting trial or appeal, admit that person to bail if the Director of Public Prosecutions, certifies in writing that it is likely that the safety or interests of the Republic would thereby be prejudiced; and a certificate issued by the Director of Public Prosecutions under this section shall take effect from the date it is filed in court or notified to the officer in charge of a police station and shall remain in effect until the proceedings concerned are concluded or the Director of Public Prosecutions withdraws it. (5) A police officer in charge of a police station or a court before whom an accused person is brought or appears, shall not admit that person to bail if- (a) that person is charged with- (i) murder, treason, armed robbery, or defilement; (ii) illicit trafficking in drugs against the Drug Control and Enforcement Act, but does not include a person charged for an offence of being in possession of drugs which all into circumstances in which the offence was for not meant committed, was conveyance or commercial purpose; account taking (iii) an offence involving heroin, cocaine, prepared opium, opium poppy (papaver setigerum), poppy straw, coca plant, coca leaves, cannabis sativa or cannabis resin 98 Criminal Procedure Act [CAP. 20 R.E. 2022] (Indian hemp), methaqualone (mandrax), catha edulis (khat) or any other narcotic drug or psychotropic substance specified in the Schedule to this Act which has an the established Commissioner for National Co-ordination of Drugs Control Commission, as exceeding ten million shillings; certified by value Cap. 19 Cap. 423 Cap. 432 (iv) terrorism against Terrorism Act; the Prevention of (v) money laundering contrary to Anti- money Laundering Act; (vi) trafficking in persons under the Anti- Trafficking in Persons Act; (b) it appears to the court that it is necessary that the accused person be kept in custody for his own protection or safety; (c) it appears that the accused person has previously been granted bail by a court and failed to comply with the conditions of the bail or absconded; (d) it appears to the court that it is necessary that the accused person be kept in custody for his own protection or safety; (e) the offence with which the person is charged involves actual money or property whose value exceeds ten million shillings unless that person deposits cash or other property equivalent to half the amount or value of actual money or property involved and the rest is secured by execution of a bond: Provided that, where the property to be deposited is immovable, it shall be sufficient to deposit the title deed, or if the title deed is not available such other evidence as is satisfactory to the court in proof of existence of the property; save that this provision shall not apply in the case of police bail. (6) Where a court decides to admit an accused person to bail, it shall impose the following conditions on 99 Criminal Procedure Act [CAP. 20 R.E. 2022] the bail, namely- (a) surrender by the accused person to the police of his passport or any other travel document; and (b) restriction of the movement of the accused person to the area of the town, village or other area of his residence. (a) requiring (7) A court may, in addition to the mandatory conditions prescribed in subsection (6), impose any one or more of the following conditions which appear to the court to be likely to result in the appearance of the accused person for the trial or resumption of the trial at the time and place required or as may be necessary in the interests of justice or for the prevention of crime, namely- the accused person to report at specified intervals to a police station or other authority within the area of his residence; (b) requiring the accused person to abstain from visiting a particular locality or premises, or associating with certain specified persons; (c) any other condition which the court may deem proper and just to impose in addition to the preceding conditions. - 149 Verify source ↗
Power of High Court to vary terms of bail by lower court
AI-assisted research summary: The High Court may intervene in bail matters decided by a subordinate court.
149. Where in connection with any criminal proceedings a subordinate court has power to admit any person to bail but either refuses to do so or does so or offers to do so on terms unacceptable to him, the High Court may admit him or direct his admission to bail or, where he has been admitted to bail, may vary any conditions on which he was so admitted or reduce the amount in which he or any surety is bound to discharge any of the sureties. Power of High Court to vary terms of bail by lower court Change of circumstances after grant of bail - 150 Verify source ↗
Change of circumstances after grant of bail
AI-assisted research summary: If a bailed accused person later becomes subject to circumstances that would have justified refusing bail or setting higher bail, a judge or magistrate may order arrest and, after hearing the accused, may commit them to prison or keep them on bail at the same or a higher amount.
150. Where an accused person has been admitted to bail and circumstances arise which, if the accused person had not been admitted to bail would, in the opinion of a prosecutor or police officer, justify the court in refusing bail or in requiring bail of greater amount, the 100 Criminal Procedure Act [CAP. 20 R.E. 2022] Execution of bonds Discharge from custody the case may be, on the judge or magistrate, as circumstances being brought to his notice by a prosecutor or a police officer, issue a warrant for the arrest of the accused person and, after giving the accused person an opportunity of being heard, may either commit him to prison to await trial or admit him to bail for the same or on an increased amount as the judge or magistrate may think just. - 151 Verify source ↗
Execution of bonds
AI-assisted research summary: Before release on bail or recognisance, the person must execute a bond for a sum the court or police officer considers sufficient; if released on bail, one or more sufficient sureties must also execute the bond.
151. Before any person is released on bail, or on his own recognisance, a bond for such sum as the court or police officer, as the case may be, thinks sufficient shall be executed by such person, and when he is released on bail, by one or more sufficient sureties, conditioned that he shall attend at the time and place mentioned in the bond and shall continue so to attend until otherwise directed by the court or police officer. - 152 Verify source ↗
Discharge from custody
AI-assisted research summary: When a bond has been executed, the person it was executed for must be released; if the person is in prison, the court must order release and the prison officer must release them on receipt of that order.
152.-(1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released, and when he is in prison, the court admitting him to bail shall issue an order of release to the officer in charge of the prison and the officer, on receipt of the order, shall release him. (2) Nothing in this section or section 146 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed. Deposit instead of bond Cap. 4 s. 8 - 153 Verify source ↗
Deposit instead of bond
AI-assisted research summary: A court or police officer may allow a person who has been required to execute a bond to deposit money instead, except for a bond for good behaviour.
153. Where any person is required by any court or police officer to execute a bond, with or without sureties, the court or police officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money of such amount as the court or police officer may fix in lieu of executing the bond. Power to order sufficient bail when that first taken is - 154 Verify source ↗
Power to order sufficient bail when that first taken is insufficient
AI-assisted research summary: If sureties accepted for bail are insufficient, the court may bring the bailed person back, require new sureties, and imprison them if they fail to comply.
154. Where, through mistake, fraud or for any other reason, insufficient sureties have been accepted, or if they afterwards become insufficient, the court may issue a 101 Criminal Procedure Act [CAP. 20 R.E. 2022] insufficient Discharge of sureties warrant of arrest directing that the person released on bail be brought before it and may order him to find sureties and on his failing to do so may commit him to prison. - 155 Verify source ↗
Discharge of sureties
AI-assisted research summary: Sureties may ask a magistrate to discharge a bail bond, and the magistrate must issue an arrest warrant and later discharge the bond if the person appears or surrenders.
155.-(1) All or any of the sureties for the appearance and attendance of a person released on bail may at any time apply to a magistrate to discharge the bond either wholly or so far as it relates to the applicant or applicants. (2) On an application being made, the magistrate shall issue a warrant of arrest directing that the person on bail be brought before him. (3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the magistrate shall direct the bond to be discharged either wholly or so far as it relates to the applicant or applicants, and shall call upon such person to find other sufficient sureties, and if he fails to do so may commit him to prison. Death of surety - 156 Verify source ↗
Death of surety
AI-assisted research summary: If a surety dies before a bond is forfeited, the surety’s estate is discharged, and the person who gave the bond may have to provide a new surety.
156. Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond, but the party who gave the bond may be required to find a new surety. Person bound by recognisance absconding or breaking condition of bail may be arrested - 157 Verify source ↗
Person bound by recognisance absconding or breaking condition of
AI-assisted research summary: A police officer may arrest, without a warrant, a person admitted to bail if there are grounds to think the bail conditions will be broken or already have been broken.
157.-(1) A police officer may arrest without warrant any person who has been admitted to bail- (a) if the police officer has reasonable grounds for believing that the person is likely to break the condition that he will appear at the time and place required or any other condition on which he was admitted to bail, or if the police officer has cause to suspect that, that person is breaking or has broken any such other condition; or (b) on being notified in writing by any surety for that person that the surety believes that, that person is likely to break the first mentioned condition and for that reason, the surety wishes to be relieved of his obligation as surety. 102 Criminal Procedure Act [CAP. 20 R.E. 2022] (2) A person arrested under subsection (1)- (a) shall, unless he is arrested within the period of twenty four hours immediately preceding an occasion on which he is required by virtue of a condition of his bail to appear before any court, be brought as soon as practicable, and in any event within twenty four hours after his arrest, before a magistrate with jurisdiction of the area in which he was arrested; and (b) in the excepted case, shall be brought before the court before which he is required for resumption of the trial. Person absconding or breaking condition of bail not to be considered for further bail - 158 Verify source ↗
Person absconding or breaking condition of bail not to be
AI-assisted research summary: A person on bail who is reasonably suspected of preparing to break, or already breaking, bail conditions may be denied any further bail in the same case if the court is satisfied the arrest was justified.
158. Any person who is on bail and who is arrested on the reasonable suspicion that he is p reparing to break or is in the process of breaking his conditions of bail shall, if the court is satisfied that he was justly arrested, not be considered again for any further bail in the same case. Punishment for breaking conditions of bail or for non- appearance - 159 Verify source ↗
Punishment for breaking conditions of bail or for non- appearance
AI-assisted research summary: If a person absconds on bail, or fails to appear and hides to avoid arrest when not on bail, certain property may be attached and the trial may continue.
159. Where a person absconds while he is on bail or, not being on bail, fails to appear before the court on the date fixed and conceals himself so that a warrant of arrest may not be executed- (a) such of his property, movable or immovable, as is commensurate to the monetary value of any property involved in the case may be confiscated by attachment; and (b) the trial in respect of that person shall continue irrespective of the stage of the trial when the accused person absconds, after sufficient efforts have been made to trace him and compel his attendance. Forfeiture of recognisance Cap. 16 - 160 Verify source ↗
Forfeiture of recognisance
AI-assisted research summary: If a recognisance is forfeited, the court may demand payment or an explanation, recover the penalty by warrant and property sale, and may order six months’ imprisonment if the penalty still cannot be paid or recovered.
160.-(1) Whenever it is proved to the satisfaction of a court by which a recognisance under this Act or the Penal Code has been taken or when the recognisance has been taken by a police officer for appearance before the court that such recognisance has been forfeited, the court 103 Criminal Procedure Act [CAP. 20 R.E. 2022] shall record the grounds of such proof and may call upon any person bound by the recognisance to pay the penalty thereof or to show cause why it should not be paid. (2) Where sufficient cause is not shown and the penalty is not paid, the court may proceed to recover the penalty by issuing a warrant for the attachment and sale of the movable property belonging to that person or his estate if he is dead. (3) The warrant may be executed within the local limits of the jurisdiction of the court which issued it and it shall authorise the attachment and sale of the movable property belonging to that person outside such limits when endorsed by any magistrate within the local limits of whose jurisdiction that property is found. (4) Where that penalty is not paid and cannot be recovered by attachment and sale, the person so bound shall be liable, by order of the court which issued the warrant, to imprisonment for six months. (5) The court may, at its discretion, remit any portion of the penalty and enforce payment in part only. (6) Where a surety to a recognisance dies before the recognisance is forfeited, his estate shall be discharged from all liability in respect of the recognisance. (7) When any person who has furnished security is convicted of an offence, the commission of which constitutes a breach of the condition of his recognisance, a certified copy of the judgment of the court by which he was convicted of the offence may be used as evidence in the proceedings under this section against his surety or sureties and if the certified copy is so used, the court shall presume that the offence was committed by him unless the contrary is proved. Appeal from and revision of orders - 161 Verify source ↗
Appeal from and revision of orders
AI-assisted research summary: Orders made by a magistrate under sections 148 to 160 can be appealed to, and reviewed by, the High Court.
161. All orders issued under sections 148 to 160 by any magistrate shall be appealable to, and may be reviewed by, the High Court. Power to direct levy of amount - 162 Verify source ↗
Power to direct levy of amount due on certain recognisances
AI-assisted research summary: The High Court may direct a magistrate to levy the amount due on a recognisance in certain cases.
162. The High Court may direct any magistrate to levy the amount due on the recognisance to appear and 104 Criminal Procedure Act [CAP. 20 R.E. 2022] due on certain recognisances Reconciliation in certain cases Act No. 2 of 2020 s. 93 attend at the High Court. - 163 Verify source ↗
Reconciliation in certain cases
AI-assisted research summary: The court may help reconcile certain minor personal offences, and may stay or dismiss the case if the conditions in the section are met.
163.-(1) In the case of proceedings for common assault or for any other offence of a personal or private nature the court may, if it is of the opinion that the public interest does not demand the infliction of the penalty, promote reconciliation and encourage and facilitate the settlement, in an amicable way, of the proceedings or on terms of payment of compensation or other terms approved by the court, and may thereupon order the proceedings to be stayed. (2) For the purpose of subsection (1), a court may, with the consent of the complainant, reconcile the parties or otherwise advise the parties to seek the service of a reconciliator. (3) The terms approved by the court under subsection (1) may include- (a) giving of an apology in an appropriate manner; (b) giving of a promise or undertaking not to reoffend, or to respect the rights and interests of any victim; (c) mandatory attendance at any counselling at program aimed other services or rehabilitation; (d) a promise or undertaking to alter any habits or conduct, such as the consumption of alcohol or any other prohibited substance; (e) a promise or undertaking not to associate with persons shown to be of bad habit or influence to the accused person; or (f) any other term the court may deem proper to make taking into account the circumstances of the case. (4) A court shall only proceed under subsection (2) where it is satisfied that it is in the interests of the complainant to proceed in such a manner, and in any case involving domestic violence, the court shall ensure that the victim of the violence does not submit to any 105 Criminal Procedure Act [CAP. 20 R.E. 2022] proceedings being undertaken in accordance with this section by reason of pressure being exerted to him or her in any form by the accused person. (5) Upon proceeding in accordance with this section the court may- (a) order the proceedings to be stayed for a specified period of time upon the accused person entering into any bond to comply with the the court under terms subsection (2); or imposed by (b) dismiss the proceedings. (6) The reconciliator shall make proper record of every aspect of the outcome of the proceedings on the court files and in the records of an accused person whose the case has been dealt with procedures specified in this section. in accordance with (7) The Minister may, in consultation with the Chief Justice, make rules for better implementation of the provisions of this section. PART VI TRIALS GENERAL PROVISIONS RELATING TO TRIALS A. - Powers of Courts (a) Powers Generally Offences under Penal Code Cap. 16
Part
PART VI
- 164 Verify source ↗
Offences under Penal Code
AI-assisted research summary: This section says the High Court may try Penal Code offences, and some of them may instead be tried by a subordinate court depending on the First Schedule.
164.-(1) Subject to the other provisions of this Act, any offence under the Penal Code may be tried by the High Court or, where the offence is shown in the fifth column of Part A of the First Schedule to this Act, by a subordinate court. (2) Notwithstanding subsection (1), where no provision is made in Part A of the First Schedule to this Act in respect of any offence under the Penal Code, the offence shall be triable, and shall be deemed to have always been triable, by the High Court as well as by a subordinate court. 106 Criminal Procedure Act [CAP. 20 R.E. 2022] Offences under laws other than Penal Code Cap. 4 s. 8 Sentences which High Court may pass Combination of sentences Act No. 5 of 2002 Sch. - 165 Verify source ↗
Offences under laws other than Penal Code
AI-assisted research summary: An offence under a law other than the Penal Code is tried by the court named in that law; if no court is named, it may be tried by the High Court or, in some cases, a subordinate court.
165.-(1) Any offence under any law other than the Penal Code shall, when any court is specified in that behalf in that law, be tried by that court. (2) Where no court is so mentioned it may, subject to the other provisions of this Act, be tried by the High Court or, where the offence is shown in the fifth column of Part B of the First Schedule to this Act to be an offence triable by subordinate court. - 166 Verify source ↗
Sentences which High Court may pass
AI-assisted research summary: The High Court may pass sentence or make any other order authorised by law.
166. The High Court may pass sentence or make any other order authorised by law. - 167 Verify source ↗
Combination of sentences
AI-assisted research summary: Courts may combine sentences they are legally authorised to pass. A subordinate court in the stated circumstances cannot carry out corporal punishment added to imprisonment until the High Court confirms it.
167.-(1) Any court may pass lawful sentence combining any of the sentences which it is authorised by law to pass; but where a subordinate court presided over by a magistrate other than a resident magistrate or a senior district magistrate, imposes a sentence of corporal punishment in addition to a sentence of imprisonment, no such sentence of corporal punishment shall be carried into effect until confirmed by the High Court. the court shall be deemed (2) In determining the extent of the court’s jurisdiction under section 164 to pass a sentence of to have imprisonment, jurisdiction to pass the full sentence of imprisonment mentioned in the said section in addition to any term of in default of imprisonment which may be awarded payment of a fine. (3) Where a court is passing sentence under subsection (1), it may prohibit the grant of parole to a for such prisoner and shall prohibition. indicate reasons the Sentences in cases of conviction of two or more offences at one trial Act No. 4 of 1998 s. 22 - 168 Verify source ↗
Sentences in cases of conviction of two or more offences at one
AI-assisted research summary: Courts may sentence a person convicted of two or more offences at one trial to separate punishments, but imprisonment may run consecutively or concurrently depending on the court’s direction.
168.-(1) Where a person is, at one trial by the High Court, convicted of two or more offences, the High Court may sentence him for those offences to the several punishments prescribed for them; and when consisting of imprisonment, such punishments shall commence the one after the expiration of the other in such order as the High 107 Criminal Procedure Act [CAP. 20 R.E. 2022] Court may direct unless the High Court directs that those punishments shall run concurrently. (2) Where a person is convicted at one trial of two or more offences by a subordinate court, the court may, subject to the provisions of subsection (3), sentence him for those offences to the several punishments prescribed for them and which the court is competent to impose; and those punishments when consisting of imprisonment, shall commence the one after the expiration of the other in such order as the court may direct, unless the court directs that the punishments shall run concurrently. (3) Notwithstanding the provisions of subsection (2), a subordinate court shall not, in any case in which it has convicted a person at one trial of two or more offences, be competent- (a) where the court imposes substantive sentences of imprisonment only, to impose consecutive sentences of imprisonment which exceed in the aggregate- (i) in any case in which any of the offences of which the offender has been convicted is an offence in respect of which a subordinate court may lawfully pass a imprisonment for a term sentence of exceeding term of a five imprisonment for ten years; or years, (ii) in any other case, a term of imprisonment for eight years; (b) where the court imposes sentences of fines only, to impose sentences of fines which exceed in the aggregate- (i) in any case in which any of the offences of which the offender is convicted is an offence in respect of which a subordinate court may fine exceeding ten thousand shillings, a sum equal to thrice the amount of which the subordinate court may lawfully impose; 108 impose a lawfully so Criminal Procedure Act [CAP. 20 R.E. 2022] (ii) in any other case, a sum of thirty thousand shillings: Provided that the aggregate of consecutive sentences of imprisonment in default of payment of fines shall not exceed a term of imprisonment of eight years; (c) where the court passes a combination of a substantive sentences of imprisonment and a fine or fines, to impose sentences which exceed- sentence or (i) an aggregate of consecutive sentences of imprisonment substantive whether sentences of imprisonment or sentences of imprisonment in default of payment of fine, of ten years; and (ii) a total of fines of thirty thousand shillings or where any of the offences of which the offender is convicted is an offence in respect of which a subordinate court may lawfully impose a fine exceeding ten thousand shillings, a sum equal to twice the amount of fine which the subordinate court may so lawfully impose. (4) For the purpose of appeal or confirmation, the in cases of aggregate convictions for two or more offences at one trial shall be deemed to be a single sentence. imposed under this section (5) Notwithstanding subsection (4), where two or more sentences of imprisonment are directed to run concurrently, only the longer term of those sentences of imprisonment shall be taken into account for computing the aggregate of sentences of imprisonment for the purposes of this section. (6)4 Where a court convicts a person in a case 4 Note: Cap 101 is an amending Act whose provisions relating to sexual offences special provisions are transferred to the Penal Code and other respective Acts 109 Criminal Procedure Act [CAP. 20 R.E. 2022] Cap. 101 Cap. 90 Exclusion of evidence illegally obtained Act No. 7 of 2018 s. 11 which involves sexual offence under the Sexual Offences Special Provisions Act, the court shall pass a sentence as prescribed in accordance with the Minimum Sentences Act. in that Act and - 169 Verify source ↗
Exclusion of evidence illegally obtained
AI-assisted research summary: A court may exclude evidence obtained unlawfully unless admitting it would clearly benefit the public interest without unfairly harming any person’s rights or freedom.
169.-(1) Where, in any proceedings in a court in respect of an offence, objection is taken to the admission of evidence on the ground that the evidence was obtained in contravention of, or in consequence of a contravention of, or of a failure to comply with a provision of this Act or any other law, in relation to a person, the court shall, in its absolute discretion, not admit the evidence unless it is, on the balance of probabilities, satisfied that the admission of the evidence would specifically and substantially benefit the public interest without unduly prejudicing the rights and freedom of any person. (2) The matters that a court may have regard to in deciding whether, in respect of any in proceedings offence, it is satisfied as required by subsection (1) include- (a) the seriousness of the offence in the course of the investigation of which the provision was contravened, or was not complied with, the urgency and difficulty of detecting the offender and the urgency or the need to preserve evidence of the fact; (b) the nature and seriousness of the contravention or failure; (c) the extent to which the evidence that was obtained in contravention of in consequence of the contravention of or in consequence of the failure to comply with the provision of any law, might have been lawfully obtained; and (d) all the circumstances of the offence, including the circumstances in which the evidence was obtained. (3) The burden of satisfying the court that evidence obtained in contravention of, in consequence of the contravention of, or in consequence of the failure to 110 Criminal Procedure Act [CAP. 20 R.E. 2022] comply with a provision of this Act should be admitted in proceedings lies on the party who seeks to have the evidence admitted. (4) The court shall, prior to exclusion of any evidence in accordance with subsection (1), be satisfied that the failure or breach was significant and substantial and that its exclusion is necessary for the fairness of the proceedings. (5) Where the court excludes evidence on the basis of this provision it shall explain the reasons for such decision. (6) This section is in addition to, and not in derogation of, any other law or rule under which a court may refuse to admit evidence in proceedings. (b) Subordinate Courts - 170 Verify source ↗
Sentences which subordinate court may pass
AI-assisted research summary: A subordinate court may pass limited sentences, including imprisonment, fines, and corporal punishment, but some sentences above set limits need High Court confirmation. The police officer in charge of a police station may also compound certain minor offences if the stated conditions are met.
170.-(1) A subordinate court may, in the cases in which such sentences are authorised by law, pass any of the following sentences- (a) imprisonment for a term not exceeding five years; save that where a court convicts a person of an offence specified in any of the Schedules to the Minimum Sentences Act which it has jurisdiction to hear, it shall have the jurisdiction to pass the minimum sentence of imprisonment; (b) a fine not exceeding twenty million shillings; (c) subject to the provisions of Punishment Act, corporal punishment. the Corporal (2) Notwithstanding the provisions of subsection (1)- (a) a sentence of imprisonment- (i) for a scheduled offence, as defined in the imprisonment the (5), which exceeds subsection term minimum in prescribed Minimum Sentences Act; of respect of it by (ii) for any other offence, which exceeds 111 Sentences which subordinate court may pass Acts Nos. 4 of 1998 s. 23; 9 of 2002 Sch.; 25 of 2002 Sch.; Cap. 90 Cap. 17 Cap. 90 Criminal Procedure Act [CAP. 20 R.E. 2022] Cap. 90 Cap. 90 twelve months; (b) a sentence of corporal punishment which exceeds twelve strokes; (c) a sentence of a fine or for the payment of money, other than payment of compensation under the Minimum Sentences Act, which exceeds six thousand shillings, shall not be carried into effect, executed or levied until the record of the case, or a certified copy of it, has been transmitted to the High Court and the sentence or order has been confirmed by a Judge: Provided that, this section shall not apply in respect of any sentence passed by a Senior Resident Magistrate of any grade or rank. (3) The provisions of subsection (1) shall be without prejudice to the provisions of any written law authorising a subordinate court to impose in relation to any offence specified in such written law, a sentence in excess of the sentences provided for in that subsection. (4) The provisions of subsection (2) shall apply in relation to a sentence of imprisonment whether such sentence is a substantive sentence of imprisonment in default of a payment of a fine or a combination of two sentences. (5) In this section “scheduled offence” shall have the meaning assigned to that expression by the Minimum Sentences Act. (6) The police officer in charge of a police station may, where he is satisfied that any person has committed an offence of which the penalty does not exceed two hundred thousand shillings by order under his hand compound such offence by requiring such person to make payment of a sum of money: Provided that- (a) such sum of money shall be half the maximum fine provided for such offence; (b) the power conferred by this subsection shall only be exercised where the person admits in writing that he has committed the offence; 112 Criminal Procedure Act [CAP. 20 R.E. 2022] Compounding of offences Act No. 2 of 2020 s. 94 Cap. 4 s. 8 (c) the police officer shall issue to the person from whom he received such sum of money a receipt thereof.
Part
Schedules to the Minimum Sentences Act
- 170A Verify source ↗
Compounding of offences
AI-assisted research summary: The court may appoint an officer to help compound a compoundable offence, but it cannot refer the case for compounding without party consent and satisfaction that the accused had an opportunity to compound.
170A.-(1) Where the court takes cognizance of a compoundable offence specified in subsection (6) of section 170 or under any other law for the time being in force, the court may appoint a probation officer or such other officer as may be agreed upon by the parties to facilitate compounding of the offence: Provided that, the court shall not refer a case for compounding of an offence- (a) without the consent of the parties; or (b) unless it is satisfied that the accused was afforded an opportunity of compounding the offence for which the offence relates. (2) The officer appointed under subsection (1) shall endeavor to facilitate compounding of the offence within thirty days. (3) Where the offence is compounded, the officer appointed under subsection (1) shall submit a report in this respect to the court duly witnessed and signed by him and by the persons authorised to compound the offence under any law for the time being in force, and the court shall pass an order and discharge the accused. (4) Where the efforts of the officer appointed under subsection (1) for compounding the offence fail, the court shall proceed with the trial from the stage it was referred to the said officer. (5) Where the parties have themselves resorted to procedures for compounding of the offence and the offence is compounded in terms of subsection (6) of section 170 or any other law for the time being in force, they may make application to the court in terms thereof, and if the court is satisfied that the parties have voluntarily compounded the offence and the document recording their agreement has been duly filed in court, the court shall pass an order accordingly and discharge the accused person. 113 Criminal Procedure Act [CAP. 20 R.E. 2022] (6) Subsection (6) of section 170 or any other law under which the offence is compoundable shall mutatis mutandis apply to the proceedings under this section. Enforcement of compounding order Act No. 2 of 2020 s. 94 - 170B Verify source ↗
Enforcement of compounding order
AI-assisted research summary: If an accused person does not pay a fine under a compounding order on time, the authorised officer must either enforce payment against property or arrange supervised community work instead.
170B.-(1) Where a compounding order has been issued under this Act or any other law for the time being in force for the payment of a fine and the accused person fails in wholly or in part to make such payment within the prescribed time, the officer authorised to compound the offence shall either- Cap. 16 Regulations Act No. 2 of 2020 s. 94 When subordinate court may commit to High Court for sentence (a) issue a warrant for the levy of the amount on the immovable and movable property of the accused person; or (b) agree with the accused person on alternative the performance of sanction, supervised community work in lieu of payment of the prescribed fine. including (2) Where the options stated in subsection (1) fails, the accused person shall be taken to court to be dealt with in accordance with section 29(d) of the Penal Code imprisonment arising from default to pay a fine. - 170C Verify source ↗
Regulations
AI-assisted research summary: The Minister may make Regulations to better carry out sections 170, 170A, and 170B.
170C. The Minister may make Regulations for the better carrying out of the provisions of sections 170, 170A and 170B. - 171 Verify source ↗
When subordinate court may commit to High Court for sentence
AI-assisted research summary: A district magistrate’s subordinate court may commit an adult offender to the High Court for sentencing if it thinks a higher punishment is needed than it can impose.
171.-(1) Where under the provisions of this Act a subordinate court presided over by a district magistrate convicts any adult of an offence if, on obtaining information as to the character and antecedents of such adult or as to the circumstances of the offence, the court is of the opinion that they are such that greater punishment should be inflicted for the offence than the court has power to inflict, the court may, instead of dealing with him in any other manner, commit the offender in custody to the High Court for sentence in accordance with the following provisions of this section. (2) Where an offender is committed to the High Court for sentence under the provision of this section, the 114 Criminal Procedure Act [CAP. 20 R.E. 2022] High Court shall inquire into the circumstances of the case and shall deal with the offender in any manner in which he could have been dealt with by the High Court if he had been convicted by the High Court of the offence in question. (3)Where the High Court imposes a sentence on the offender, the provisions of this Act with regard to an appeal against conviction only shall apply as for any other case tried by a subordinate court. (4) The High Court may in its discretion postpone its inquiry under the provisions of subsection (2) of this section until the expiration of the time for filing notice of appeal against conviction, and if such notice has been filed before the High Court commences such inquiry until final determination of such appeal or subsequent appeals or for such lesser period as the court may deem fit. (5) Where a person, who has been committed in custody to the High Court for sentence in accordance with the provisions of subsection (1), files a no tice of appeal against his conviction, the High Court or the subordinate court which convicted him may, for reasons to be recorded by it in writing, grant bail with or without sureties pending the hearing of the appeal. (6) The provisions of this section shall be so construed as to enable the High Court in its consideration of any case thereunder to exercise its power of revision under section 373 of this Act in the same manner as if the record of the proceedings had under that section been reported to the High Court for orders. - 172 Verify source ↗
Release on bail pending confirmation and powers of confirming
AI-assisted research summary: Courts may release a sentenced person on bail while a required confirmation or revision decision is pending.
172.-(1) Whenever a subordinate court passes a sentence which requires confirmation, the court imposing the sentence may, in its discretion release the perso n sentenced on bail pending confirmation or such order as the confirming court may make. (2) Where- (a) a person is committed in custody for sentence by the High Court; (b) a person is remanded in custody awaiting the 115 Release on bail pending confirmation and powers of confirming court Criminal Procedure Act [CAP. 20 R.E. 2022] Cap. 90 Cap. 90 Extended jurisdiction Acts Nos. 32 of 1994 Sch.; 17 of 1996 Sch. confirmation of his sentence by a higher court; or (c) a person has been in remand custody for a period awaiting his trial, his sentence whether it is under the Minimum Sentences Act, or any other law, shall start to run when such sentence is imposed confirmed, as the case may be, and such sentence shall take into account the period the person spent in remand. (4) Where the person sentenced is, at the time sentence is passed, serving a sentence of imprisonment for another offence the term of imprisonment to which he is sentenced shall, unless the court otherwise orders, run from the date of the expiry of the sentence for such other offence, subject to subsection (5). (5) The High Court may exercise the same powers in confirmation as are conferred upon it in revision by Part X of this Act. (6) The confirming court may, in its discretion where no order has been made under subsection (1) of this section by the person the convicting court, release sentenced on bail pending an order in revision made by the High Court in exercise of its powers under section 385 of this Act. (7) Where a person is convicted of an offence specified in any of the Schedules to the Minimum Sentences Act, the provisions of this section shall have effect subject to provisions of section 8 of that Act. (c) Extended Jurisdiction of Subordinate Courts - 173 Verify source ↗
Extended jurisdiction
AI-assisted research summary: The Minister may, after consulting the Chief Justice and the Attorney General and publishing an order in the Gazette, give resident magistrates power to try certain offences or cases and set the area where that power applies.
173.-(1) The Minister may, after consultation with the Chief Justice and the Attorney General, by order published in the Gazette- (a) invest any resident magistrate with power to try any category of offences which, but for the provisions of this section, would ordinarily be tried by the High Court and may specify the area within which he may exercise such 116 Criminal Procedure Act [CAP. 20 R.E. 2022] extended powers; or (b) invest any such magistrate with power to try any, specified case or cases of such offences and such magistrate shall, by virtue of the in respect of the order, have the power, offences specified in the order to impose any sentence which could lawfully be imposed by the High Court. (2) Nothing in this section shall affect the power of the High Court to order the transfer of cases. (3) For the purposes of any appeal from or revision of his decision in the exercise of such jurisdiction, such resident magistrate shall be deemed to be a judge of the High Court, and the court presided over by him while exercising such jurisdiction shall be deemed to be the High Court. - 174 Verify source ↗
Repealed
AI-assisted research summary: Section 174 is repealed.
174. [Repealed by Act No. 1 of 2022 s. 27.] - 175 Verify source ↗
Repealed
AI-assisted research summary: Section 175 is marked as repealed.
175. [Repealed by Act No. 32 of 1994 Sch.] - 176 Verify source ↗
Record and report to be sent to President
AI-assisted research summary: When the High Court confirms a death sentence, the confirming judge must send the case record or a certified copy, plus a written report, to the President as soon as may be.
176. In every case where a sentence of death is confirmed by the High Court, the judge confirming the sentence shall, as soon as may be, transmit the record of the case or a certified true copy of it to the President together with a report in writing signed by him containing any recommendation or observations which he may think fit to make and forwarding with it any recommendation or observations made by the Court which sentenced the accused; and after that the matter shall be dealt with under section 325 of this Act. Repealed Repealed Record and report to be sent to President B. - Trials Generally (a) Place of Inquiry or Trial General authority of courts of - 177 Verify source ↗
General authority of courts of Tanzania
AI-assisted research summary: Every court may bring before it a person within its local limits who is charged with a qualifying offence and deal with that person according to the court’s jurisdiction.
177. Every court has authority to cause to be brought before it any person who is within the local limits 117 Criminal Procedure Act [CAP. 20 R.E. 2022] Tanzania Power of High Court to inquire into and try offences Place and date of sessions of High Court Ordinary place of inquiry and trial its jurisdiction and is charged with an offence of committed within Tanzania or which according to law may be dealt with as if it had been committed within Tanzania and to deal with the accused person according to its jurisdiction. - 178 Verify source ↗
Power of High Court to inquire into and try offences
AI-assisted research summary: The High Court may hear and try offences within its jurisdiction where it can hold sittings, and criminal cases generally cannot be brought before it unless a subordinate court has first investigated the case and the accused has been committed for trial, subject to section 93.
178. The High Court may inquire into and try any offence subject to its jurisdiction in any place where it has power to hold sittings; and, except as provided under section 93, no criminal case shall be brought under cognizance of it has been the High Court unless previously investigated by a subordinate court and the accused person has been committed for trial before the High Court. - 179 Verify source ↗
Place and date of sessions of High Court
AI-assisted research summary: The High Court must hold sittings at places and on days set by the Chief Justice, and the Registrar of the High Court should ordinarily give advance notice of all sittings.
179.-(1) For the exercise of its original criminal jurisdiction, the High Court shall hold sittings at such places and on such days as the Chief Justice may direct. (2) The Registrar of the High Court shall ordinarily give notice beforehand of all sittings. - 180 Verify source ↗
Ordinary place of inquiry and trial
AI-assisted research summary: A court must inquire into and try an offence in the local area where it happened or where the accused was found, is in custody, or appeared after a summons, subject to section 178 and transfer powers in sections 189, 190, and 191.
180. Subject to the provisions of section 178 and to the powers of transfer conferred by sections 189, 190 and 191, every offence shall be inquired into and tried, as the case may be, by a court within the local limits o f whose jurisdiction it was committed or within the local limits of whose jurisdiction the accused person was apprehended, or is in custody on a charge for the offence, or has appeared in answer to a summons lawfully issued charging him with the offence. Trial at place where act done or where con- sequence of offence ensued Cap. 4 s. 8 - 181 Verify source ↗
Trial at place where act done or where consequence of offence
AI-assisted research summary: An offence may be tried or inquired into by a court where the act happened or where its consequence happened.
181. Where a person is accused of the commission of any offence by reason of anything which has been done or of any consequence which has ensued, the offence may be inquired into or tried, as the case may be, by a court within the local limits of whose jurisdiction any such thing has been done or any such consequence has ensued. Trial where - 182 Verify source ↗
Trial where offence is connected with another offence
AI-assisted research summary: A charge can be tried or heard by a court if the offence is connected to another offence and either act was done within that court’s local jurisdiction.
182. Where an act is an offence by reason of its 118 Criminal Procedure Act [CAP. 20 R.E. 2022] offence is connected with another offence Cap. 4 s. 8 Trial where place of offence is uncertain Offence committed on journey High Court may decide appropriate court in cases of doubt Court to be open Court Act No. 4 of 1998 s. 24 relation to any other act which is also an offence or which would be an offence the doer were capable of committing an offence, a charge of the mentioned offence may be inquired into or tried by a court within the local limits of whose jurisdiction either act was done. if - 183 Verify source ↗
Trial where place of offence is uncertain
AI-assisted research summary: A court with jurisdiction over any relevant local area may inquire into or try an offence when the place of the offence is uncertain or the offence spans multiple local areas.
183. When it is uncertain in which of several local areas an offence was committed or when an offence is committed partly in one local area and partly in another or when it consists of several acts done in different local areas, it may be inquired into or tried by a court having jurisdiction over any of such local areas. - 184 Verify source ↗
Offence committed on journey
AI-assisted research summary: A court may inquire into or try an offence committed during a journey or voyage if the relevant person or thing passed through the court’s local jurisdiction during that journey or voyage.
184. An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a court through or into the local limits of whose jurisdiction the offender or the person against whom or the thing in respect of which the offence was committed passed in the course of that journey or voyage. - 185 Verify source ↗
High Court may decide appropriate court in cases of doubt
AI-assisted research summary: If there is doubt about which court should hear an offence, a court may report it to the High Court, and the High Court decides which court will handle it.
185. Whenever a doubt arises as to the court by which an offence should be inquired into or tried any court entertaining the doubt may, in its discretion, report the circumstances to the High Court and the High Court shall decide by which court the offence shall be inquired into or tried; and a decision of the High Court shall be final and conclusive except that it shall be open to an accused person to show that no court in Tanzania has jurisdiction in the case. - 186 Verify source ↗
Court to be open court
AI-assisted research summary: Courts are generally open to the public, but judges or magistrates can exclude people in specified circumstances, and sexual-offence evidence must be heard in camera.
186.-(1) The place in which any court is held for the purpose of inquiring into or trying any offence shall unless the contrary is expressly provided in any written law, be deemed an open court to which the public generally may have access so far as the same can conveniently contain them, save that the presiding judge or magistrate may, it necessary or expedient- if he considers 119 Criminal Procedure Act [CAP. 20 R.E. 2022] (a) in interlocutory proceedings; or (b) in circumstances where publicity would be prejudicial to the interest of- (i) justice, defence, public safety, public order or public morality; (ii) the welfare of persons under the age of eighteen years or the protection of private the lives of persons concerned proceedings, in order at any stage of the inquiry into or trial of any particular case that persons generally or any particular legal person other than the parties thereto or their representative shall not have access to or be or remain in the room or building used by the court. (2) Any court may, for the purpose of inquiring into or trying any offence, sit on Sunday or on a public holiday and no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered only by reason of the fact that the same was made or passed on a Sunday or public holiday; but a court shall not sit on Sunday or on a public holiday unless in the opinion of the court the omission to do so would cause an amount the inconvenience which of delay, expense or circumstances of the case would be unreasonable. in the evidence and witnesses (3) Notwithstanding the provisions of any other law, the evidence of all persons in all trials involving sexual offences shall be received by the court in camera, and these proceedings shall not be published by or in any newspaper or other media, but this subsection shall not prohibit the printing or publishing of any such matter in a bona fide series of law reports or in a newspaper or periodical of a technical character bona fide intended for circulation among members of the legal or medical professions. involved in Exclusion of Children from attending court proceedings - 187 Verify source ↗
Exclusion of children from attending court proceedings
AI-assisted research summary: A child must not be in court during another person’s trial or related preliminary proceedings, except when needed as a witness or for the purposes of justice.
187. A child shall not be permitted to be present in court during the trial of any other person charged with an offence or during any proceedings preliminary thereto except during such time as his presence is required as a 120 Criminal Procedure Act [CAP. 20 R.E. 2022] Orders of court on ex-parte application by Director of Public Prosecutions Act No. 7 of 2018 s. 12 Cap. 6 Cap. 4 s. 8 witness or otherwise for the purposes of justice; and any child present in court when under this section he is not permitted to be present shall be ordered to be removed; but this section shall not apply to messengers, law officers, clerks and other persons required to attend to a court for the purposes connected with their employment. - 188 Verify source ↗
Orders of court on ex-parte application by Director of Public
AI-assisted research summary: The court may, on an ex parte application by the Director of Public Prosecutions, order witness-protection measures such as video testimony, limits on witness identity details, and non-disclosure of identifying materials. The Chief Justice may make rules for carrying out this section.
188.-(1) Notwithstanding any other written law, before filing a charge or information, or at any stage of the proceedings under this Act, the court may, upon an ex- parte application by the Director of Public Prosecutions, order- (a) a witness testimony to be given through video conferencing in accordance with the provision of the Evidence Act; (b) non-disclosure or limitation as to the identity and whereabouts of a witness, taking into account the security of a witness; (c) non-disclosure of statements or documents likely to lead to the identification of a witness; or (d) any other protection measure as the court may consider appropriate. (2) Where the court orders for protection measures under paragraphs (b) and (c) of subsection (1), relevant witness statements or documents shall not be disclosed to the accused during committal or trial. (3) The Chief Justice may make rules for better carrying out the provisions of this section. (b) Transfer of Cases Transfer of case where offence committed outside jurisdiction - 189 Verify source ↗
Transfer of case where offence committed outside jurisdiction
AI-assisted research summary: A court may transfer a complaint case to the court with jurisdiction where the complaint arose.
189.-(1) Where upon the hearing of any complaint it appears that the cause of complaint arose out of the limits of the jurisdiction of the court before which the complaint has been brought, the court may in its discretion direct the case to be transferred to the court having jurisdiction where the cause of complaint arose. (2) Where the accused person is in custody, and 121 Criminal Procedure Act [CAP. 20 R.E. 2022] the court directing the transfer thinks it expedient that such custody should be continued or if he is not in custody, that he should be placed in such custody, the court shall direct the offender to be taken by a police officer before the court having jurisdiction where the cause of complaint arose and shall give a warrant for that purpose to the officer, and shall deliver to him the complaint and recognisances, if any, taken by the court, to be delivered to the court before whom the accused person is to be taken, and the complaint and recognisances, shall be treated to all intents and purposes as if they had been taken by the last- mentioned court. (3) Where the accused person is not continued or placed in custody as aforesaid, the court shall inform him that it has directed the transfer of the case and thereupon the provisions of the subsection transmission and validity of the documents in the case shall apply. respecting (2) Transfer of cases between magistrates - 190 Verify source ↗
Transfer of cases between magistrates
AI-assisted research summary: A district magistrate may transfer a case he has taken cognizance of to a subordinate court in specified circumstances.
190. Any district magistrate- (a) may transfer any case of which he has taken cognizance to any inquiry or subordinate court empowered to enquire into or try such case within the local limits of such magistrate’s jurisdiction; and trial for Power of High Court to change venue Cap. 4 s. 8 Court- (b) may, where the general convenience of the parties or witnesses require it, transfer any case of which he has taken cognizance for inquiry or trial to any subordinate court beyond the limits of his jurisdiction which has power to inquire into or try that case. - 191 Verify source ↗
Power of High Court to change venue
AI-assisted research summary: The High Court may transfer or change where a criminal matter is heard, or commit an accused person for trial to itself, if the statutory grounds are shown.
191.-(1) Whenever it is made to appear to the High (a) that a fair and impartial inquiry or trial cannot be had in any court subordinate thereto; (b) that some question of law of unusual difficulty is likely to arise; (c) that a view of the place in or near which an 122 Criminal Procedure Act [CAP. 20 R.E. 2022] offence has been committed may be required for the satisfactory inquiry into or trial of the offence; (d) that an order under this section will tend to the the parties or general convenience of witnesses; or (e) that an order under this section will tend to the general convenience of the parties or witnesses; or it may order- (i) that any offence be inquired into or tried by any court not empowered under sections 164 to 190 but in other respects competent to inquire into or try such offence; (ii) that any particular criminal case or class of cases be from court transferred subordinate to its authority to any other court of equal or superior jurisdiction; (iii) that an accused person be committed for trial to itself. (2) The High Court may act either on the report of the lower court or on the application of a party interested or on its own initiative. (3) Every application for the exercise of the power conferred by this section shall be made by motion which shall, except where the applicant is the Director of Public Prosecutions, be supported by an affidavit. (4) Every accused person making an application shall give to the Director of Public Prosecutions notice in writing of the application, together with a copy of the grounds on which it is made and no order shall be made on the merits of the applicant unless at least twenty four hours have elapsed between the giving of such notice and the hearing of the application. (5) Where an accused person makes an application, the High Court may direct him to execute a bond, with or without sureties, conditioned that he will, if convicted, pay the costs of the prosecutor. 123 Criminal Procedure Act [CAP. 20 R.E. 2022] Preliminary hearing to determine matters not in dispute Acts Nos. 19 of 1992 Sch.; 3 of 2011 s. 17 (c) Accelerated Trial and Disposal of Cases - 192 Verify source ↗
Preliminary hearing to determine matters not in dispute
AI-assisted research summary: If an accused person pleads not guilty, the court must hold a preliminary hearing as soon as convenient, explain it to an unrepresented accused, prepare and file a memorandum of agreed matters, and try the accused immediately where possible.
192.-(1) Notwithstanding the provisions of sections 229 and 283, if an accused person pleads not guilty the court shall as soon as is convenient, hold a preliminary hearing in open court in the presence of the accused person and his advocate, if he is represented by an advocate, and the public prosecutor to consider such matters as are not in dispute between the parties and which will promote a fair and expeditious trial. (2) In ascertaining such matters that are not in dispute, the court shall explain to an accused person who is not represented by an advocate about the nature and purpose of the preliminary hearing and may put questions to the parties as it thinks fit; and the answers to the questions may be given without oath or affirmation. (3) At the conclusion of a preliminary hearing held under this section, the court shall prepare a memorandum of the matters agreed and the memorandum shall be read over and explained to the accused person in a language that he understands, signed by the accused person and his advocate, if any, and by the public prosecutor, and then filed. (4) Any fact or document admitted or agreed, whether such fact or document is mentioned in the summary of evidence or not, in a memorandum filed under this section shall be deemed to have been duly proved; save that if, during the course of the trial, the court is of the opinion that the interests of justice so demand, the court may direct that any fact or document admitted or agreed in a memorandum filed under this section be formally proved. (5) Wherever possible, the accused person shall be tried immediately after the preliminary hearing and if the case is to be adjourned due to the absence of witnesses or any other cause, nothing in this section shall be construed as requiring the same judge or magistrate who held the preliminary hearing under this section to preside at the trial. 124 Criminal Procedure Act [CAP. 20 R.E. 2022] Person charged with warrant offence may plead guilty without court appearance (6) The Minister may, after consultation with the Chief Justice, by order published in the Gazette, make rules for the better carrying out of the purposes of this section and without prejudice to the generality of the foregoing, the rules may provide for- (a) delaying the summoning of witnesses until it is ascertained whether they will be required to give evidence on the trial or not; (b) the giving of notice to witnesses warning them that they may be required to attend court to give evidence at the trial. - 193 Verify source ↗
Person charged with warrant offence may plead guilty witho ut
AI-assisted research summary: A person charged with a qualifying warrant offence may plead guilty in writing or through an advocate, and the magistrate must usually excuse personal attendance.
193.-(1) A person formally charged with a warrant offence which is punishable only by a fine or by imprisonment not exceeding six months or by a combination of such sentences may, in writing or through an advocate, plead guilty to the charge whether that person is summoned or not and the magistrate shall dispense with the personal attendance of the accused unless his personal attendance is required for any other reason the personal attendance of the accused. in which case he may direct (2) Where a magistrate imposes a fine on an accused person whose personal attendance has been dispensed with under this section, and such fine is not paid within the time prescribed for its payment, the magistrate may forthwith issue a summons calling upon the accused person to show cause why he should not be committed to prison for such term as the magistrate may then prescribe; but if the accused person does not attend upon the return of such summons, the magistrate may forthwith issue a warrant and commit him to prison for such terms as the magistrate may determine. (3) Where, in any case in which under this section the attendance of an accused person is dispensed with, previous convictions are alleged against him and are not admitted in writing or through such person’s advocate, the magistrate may adjourn the proceedings and direct the personal attendance of the accused and, if necessary, 125 Criminal Procedure Act [CAP. 20 R.E. 2022] Procedure where accused desires to plead guilty to non-warrant offence or intends to rely on defence of alibi enforce his attendance in the manner provided under this Act. (4) Whenever the attendance of an accused person has been dispensed with and his attendance is subsequently required, the cost of any adjournment for the purpose shall be borne in any event by the accused person. - 194 Verify source ↗
Procedure where accused persons desires to plead guilty to non
AI-assisted research summary: An accused person in a qualifying non-warrant case may give written notice of a guilty plea, and the magistrate may then serve a formal charge and notice to appear; the provision also requires advance notice and particulars for an alibi.
194.-(1) Where an accused person charged with a non-warrant offence, other than an offence punishable with death or life imprisonment, intends to plead guilty to the charge and desires to have his case disposed of at once, he may give a written notice to that effect to the magistrate before whom the case is to be heard, and it shall be lawful for the magistrate to serve the person with a formal charge and a notice to appear, not less than four clear days, before the magistrate for the purpose of pleading to the charge and final disposition of the case. (2) Where the accused in pursuance of a notice served upon him under subsection (1) appears and pleads guilty to the charge, the magistrate shall deal with the case in like manner as a case where the accused pleads guilty under section 229 save that, if the case is such as can be tried only in the High Court or is of such an aggravated nature that the magistrate holds that the question of punishment shall be disposed of by that court, the magistrate shall remit the accused to that court for sentence, and such remittal shall be a sufficient warrant to bring the accused, without any further notice, before the High Court for sentence; and the original warrant of commitment for such period until he is liberated in due course of law shall remain in force until he is brought before the High Court for sentencing. (3) Where the accused person when brought before the magistrate to plead does not plead guilty to the charge or pleads guilty only to a part of the charge, the magistrate shall not accept such restricted plea, and the plea shall be deserted pro loco et tempore, and thereafter the procedure against the accused person shall be continued according to the other provisions of this Act. 126 Criminal Procedure Act [CAP. 20 R.E. 2022] (4) Where an accused person intends to rely upon an alibi in his defence, he shall give to the court and the prosecution notice of his intention to rely on such defence before the hearing of the case. (5) Where an accused person does not give notice of his intention to rely on the defence of alibi before the hearing of the case, he shall furnish the prosecution with the particulars of the alibi at any time before the case for the prosecution is closed. (6) Where the accused person raises a defence of alibi without having first furnished the prosecution pursuant to this section, the court may, in its discretion, accord no weight of any kind to the defence. - 194A Verify source ↗
Plea bargaining
AI-assisted research summary: A public prosecutor may enter a plea bargaining arrangement before judgment, and the accused person, advocate, or prosecutor may initiate plea bargaining. The court must not take part in plea negotiations. In private prosecutions, a plea agreement needs the written consent of the Director of Public Prosecutions.
194A.-(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 person and his advocate if represented or, if not represented, a relative, friend or any other person legally competent to represent the accused person. (2) The accused person 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 person. (4) Where prosecution is undertaken privately, no plea agreement shall be concluded without the written consent of the Director of Public Prosecutions. - 194B Verify source ↗
Consequence of plea bargaining
AI-assisted research summary: If a plea agreement is made, the prosecutor may reduce or withdraw charges, and the accused person may plead guilty or be ordered to pay compensation, restitution, or forfeiture.
194B. 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 person with a lesser offence, withdraw other counts or take any other measure as appropriate depending on the circumstances of the case; (b) the accused person may enter a plea of guilty to 127 Plea bargaining Act No. 11 of 2019 s. 16 Consequence of plea bargaining Act No. 11 of 2019 s. 16 Criminal Procedure Act [CAP. 20 R.E. 2022] the offence charged or to a lesser offence or to a particular count or counts in a charge with multiple counts in exchange for withdrawal of other counts; or (c) the accused person 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. Requirements of plea agreement Act No. 11 of 2019 s. 16 - 194C Verify source ↗
Requirement of plea agreement
AI-assisted research summary: A plea agreement must be written, signed, and accepted, and it cannot be entered without prior written consent from the Director of Public Prosecutions or an officer he authorizes in writing.
194C.-(1) A plea agreement shall be in writing witnessed by advocate of if not represented, a relative, friend or any other person legally competent to represent the accused, and shall- the accused or, (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 person, without prior written consent of the Director of Public Prosecutions or any other officer authorised by him in writing. Registration of plea agreement - 194D Verify source ↗
Registration of plea agreement
AI-assisted research summary: The court must register qualifying plea agreements, check that the accused entered them voluntarily and is competent, and then may decide the case, accept or reject the agreement, convict, and sentence accordingly.
194D.-(1) Any plea agreement entered into in accordance with the provisions of sections 194A and 128 Criminal Procedure Act [CAP. 20 R.E. 2022] 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 194B shall be registered by the court. (2) The court shall, before it registers any such that the agreement was the accused person was agreement, satisfy itself voluntarily obtained and 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 person; and (b) the agreement shall become part of the record of the court. in (5) Where a plea agreement entered accordance with sections 194A and 194B is accepted by the court, the court shall proceed to convict an accused person accordingly. into (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. - 194E Verify source ↗
Procedure for registration of plea agreement
AI-assisted research summary: Before recording a plea, the court must put the accused under oath, speak to the accused in a language he understands, and explain the accused’s rights and the plea agreement’s consequences.
194E. Before the court records a plea- (a) the accused person 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 false for perjury or of prosecution 129 Criminal Procedure Act [CAP. 20 R.E. 2022] Offences which plea agreements shall not apply Acts Nos. 11 of 2019 s. 16; 1 of 2022 s. 29 statement, to use any statement that he gives in the agreement against him. - 194F Verify source ↗
Offences which plea agreements shall not apply
AI-assisted research summary: Plea agreements cannot be used for listed serious offences, including certain sexual offences, treason, narcotic-drug offences above set thresholds, terrorism, and some government-trophy possession offences.
194F. 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. Application to set aside conviction and sentence relating to plea bargaining Act No. 11 of 2019 s. 16 - 194G Verify source ↗
Application to set aside conviction and sentence relating to plea
AI-assisted research summary: The Director of Public Prosecutions, and an accused person who is party to a plea agreement, may apply to the court to set aside a conviction and sentence in specified plea-bargaining situations.
194G.-(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. (2) An accused person who is a party to a plea agreement may apply to the court which passed the 130 Criminal Procedure Act [CAP. 20 R.E. 2022] sentence to have the conviction and sentence procured involuntarily or by misrepresentation pursuant to a plea agreement be set aside. Power to make rules Act No. 11 of 2019 s. 16 - 194H Verify source ↗
Power to make rules
AI-assisted research summary: The Chief Justice may make rules and give directives to better carry out this Part on plea bargaining, subject to the Part’s provisions.
194H. 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. Power to summon material witness or examine person present Cap. 4 s. 8 C. - Examination of Witnesses (a) General Provisions - 195 Verify source ↗
Power to summon material witness or examine person present
AI-assisted research summary: A court may summon, examine, or recall persons during a trial, and must do so if their evidence is essential to a just decision. The prosecutor, accused person, or their advocate has a right to cross-examine.
195.-(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 person 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. Evidence to be taken in presence of accused - 196 Verify source ↗
Evidence to be taken in presence of accused person
AI-assisted research summary: Evidence in a trial under this Act is generally taken in the accused person’s presence, unless the accused’s attendance has been dispensed with or another express exception applies.
196. 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. Evidence may be given in absence of accused in certain cases Act No. 5 of 1988 s. 8 - 197 Verify source ↗
Evidence may be given in absence of accused person in certain
AI-assisted research summary: The court may take evidence and continue the trial even when the accused person is absent, if the judge or magistrate thinks this is necessary because of disorderly conduct or if the accused cannot attend for health reasons and has counsel and consents.
197. Notwithstanding the provisions of section 196, evidence may be taken in any trial under this Act in the absence of the accused person 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 131 Criminal Procedure Act [CAP. 20 R.E. 2022] Evidence to be given on oath Cap. 34 Refractory witness 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. - 198 Verify source ↗
Evidence to be given on oath
AI-assisted research summary: Witnesses in criminal cases must be examined on oath or affirmation, unless another written law says otherwise.
198.-(1) Every 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. - 199 Verify source ↗
Refractory witness
AI-assisted research summary: If a witness refuses to be sworn, answer questions, produce required items, or sign depositions without sufficient excuse, the court may adjourn the case and may commit the person to prison for up to eight days.
199.-(1) Whenever any person, appearing either in obedience to a summons or by virtue 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. (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. Procedure where accused is only witness called for defence - 200 Verify source ↗
Procedure where accused person is the only witness called for
AI-assisted research summary: If the defence calls only the accused as its witness, the accused is to be called after the prosecution closes its evidence. The court may also adjourn the hearing at its discretion.
200. 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 132 Criminal Procedure Act [CAP. 20 R.E. 2022] Right of reply Act No. 1 of 2008 s. 31 Certificate regarding preparation of photo-graphic prints, etc., receivable in evidence Cap. 4 s. 8 Report of Government analyst 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. - 201 Verify source ↗
Right of reply
AI-assisted research summary: Normally, the prosecution does not get a right of reply just because the accused was called as a witness; however, the Attorney General, Deputy Attorney General, Director of Public Prosecutions, and a person acting under their instruction have a right to reply in all cases.
201. In cases where the right of reply under section 296 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. - 202 Verify source ↗
Certificate regarding preparation of photographic prints, etc.,
AI-assisted research summary: A certificate in the specified form can serve as evidence of the facts stated in it, and the court may treat the signature as genuine.
202.-(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 order of the Attorney General 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 may, if it thinks fit, summon and examine the person who gave the certificate.
Part
Schedule to this Act, given under the hand of an officer
- 203 Verify source ↗
Report of Government analyst
AI-assisted research summary: A Government analyst’s report may be used as evidence, the court may presume the signature and office are genuine, and the court may summon and examine the analyst in some cases.
203.-(1) Any 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 133 Criminal Procedure Act [CAP. 20 R.E. 2022] 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. - 204 Verify source ↗
Report of fingerprint expert
AI-assisted research summary: Fingerprint reports made by an appointed officer can be used as evidence, and the court may presume the signature is genuine.
204.-(1) Any document under the hand of an officer appointed for that purpose by order of the Director of Public Prosecutions, which purports to be a report upon any fingerprint, or any photographic representation of for examination or fingerprints submitted to him comparison, shall be receivable in any in evidence 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. (4) In this section “fingerprint” includes palm print, a toe print and the impression of a foot. - 205 Verify source ↗
Report of handwriting expert
AI-assisted research summary: Handwriting reports meeting this section’s requirements can be received as evidence, and the court may treat the signature as genuine.
205.-(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 order of 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 134 Report of fingerprint expert Cap. 4 s. 8 Report of handwriting expert Criminal Procedure Act [CAP. 20 R.E. 2022] 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. - 205A Verify source ↗
Matter or thing duly submitted for examination or analysis
AI-assisted research summary: Expert reports may be used as evidence, and the court may presume the signature is genuine and the signer had the claimed expertise or office.
205A.- (1) Any 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. (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. M atter or thing duly submitted for examination or analysis Act No. 7 of 2018 s. 13 Issue of commission (b) Issue of Commission for Examination of Witnesses - 206 Verify source ↗
Issue of commission
AI-assisted research summary: The High Court or a district magistrate may issue a commission to a magistrate where a witness lives if taking the witness’s evidence is necessary and normal attendance would cause unreasonable delay, expense, or inconvenience.
206.-(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 135 Criminal Procedure Act [CAP. 20 R.E. 2022] 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. - 207 Verify source ↗
Parties may examine witnesses
AI-assisted research summary: When a commission is issued, the court or magistrate must inform the parties, and the directed magistrate must examine the witness on relevant written interrogatories. Parties may also appear and question the witness.
207.-(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) Any party may appear before the magistrate by advocate or, if not in custody, in person and may examine, cross-examine and re-examine, as the case may be, the witness. - 208 Verify source ↗
Return of commission
AI-assisted research summary: After a commission has been executed, it must be returned with the witness’s deposition to the issuing court or magistrate. The papers may be inspected and, subject to just exceptions, read in evidence; a deposition may also be received in evidence later before another court if it meets section 132 of the Evidence Act.
208.-(1) After any commission issued under section 206 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, as the case may be, 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 132 of the Evidence Act, may also be received in evidence at any subsequent stage of the case before another court. Parties may examine witnesses Return of commission Cap. 6 Adjournment of proceedings - 209 Verify source ↗
Adjournment of proceedings
AI-assisted research summary: Where a commission is issued under section 206, the proceeding may be adjourned for enough time to execute and return the commission.
209. In every case in which a commission is issued under section 206 the proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. 136 Criminal Procedure Act [CAP. 20 R.E. 2022] (c) Taking and Recording of Evidence M anner of recording evidence before magistrate - 210 Verify source ↗
Manner of recording evidence before magistrate
AI-assisted research summary: In most magistrate trials, witness evidence must be written down in the court language, signed by the magistrate, and normally recorded as a narrative rather than as questions and answers.
210.-(1) In trials, other than trials under section 213, 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 record any comments which the witness may make concerning his evidence. - 211 Verify source ↗
212. Remarks respecting demeanour of witness
AI-assisted research summary: The court may interpret only as much of documents produced for formal proof as it thinks necessary, and evidence must be interpreted to the accused or, if represented, to the advocate in the proper language.
211.-(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. Interpretation of evidence to accused or his advocate Remarks respecting demeanour of witness - 212 Verify source ↗
Remarks respecting demeanour of witness
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.
212. 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. 137 Criminal Procedure Act [CAP. 20 R.E. 2022] Procedure in case of minor offences Cap. 4 s.8 - 213 Verify source ↗
Procedure in case of minor offences
AI-assisted research summary: Magistrates may summarily try listed minor offences, but must record specified particulars and cannot impose more than six months’ imprisonment or a fine over one thousand shillings.
213.-(1) Notwithstanding anything contained in this Act, every magistrate may, if he thinks fit, try any of the offences mentioned (1) 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- in subsection (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 subsection (2), the value of the property in respect of which the offence has been committed; (g) the plea of the accused person; (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 138 Cap. 16 Cap. 16 Cap. 16 Criminal Procedure Act [CAP. 20 R.E. 2022] 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; and (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) No sentence of imprisonment for a term exceeding six months or of a fine of an amount exceeding one thousand shillings shall be imposed in the case of any conviction under this section.
Part
Chapter XXXII of the Penal Code where the
- 214 Verify source ↗
Conviction or committal where proceedings heard partly by one
AI-assisted research summary: If one magistrate cannot finish a trial or committal proceeding, another qualified magistrate may take over and continue it.
214.-(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 139 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. Criminal Procedure Act [CAP. 20 R.E. 2022] 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. in any (3) Nothing in subsection (1) shall be construed as preventing a magistrate who has recorded the whole of the evidence 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. M anner of recording evidence in High Court - 215 Verify source ↗
Manner of recording evidence in High Court
AI-assisted research summary: The High Court may make rules about how evidence is recorded in cases before it, and the evidence or its substance must be taken down according to those rules.
215. The High Court may, from time to time, 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. (d) Procedure in Case of the Insanity or Incapacity of an Accused Person 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. 4 s. 8 Cap. 98 - 216 Verify source ↗
Prosecutor to give or adduce evidence before inquiry by court as to
AI-assisted research summary: If the court thinks the accused may be mentally incapable of defending the case, it must first require the prosecution to present evidence. If the accused is found unfit, the court can order medical examination, bail on conditions, detention, and later resume the inquiry after a medical report.
216.-(1) Where in the course of a trial the court has reason to believe that the accused person 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 person 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 person and, for this purpose, may order him to be 140 Criminal Procedure Act [CAP. 20 R.E. 2022] 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 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 person is of the opinion that the accused person 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 person 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 217 or 218. (7) Where required by the written subsection (4) is to the effect that the accused person is of sound mind and capable of making his defence, proceedings shall be resumed as provided for by section - 218 Verify source ↗
Resumption of trial or inquiry
AI-assisted research summary: This section is titled “Resumption of trial or inquiry” and refers to a procedure where an accused person is certified as capable of making a defence.
218. report 141 Criminal Procedure Act [CAP. 20 R.E. 2022] Procedure where accused person certified as capable of making defence Act No. 9 of 2002 Sch. - 217 Verify source ↗
Procedure where accused person certified as capable of making
AI-assisted research summary: If a detained accused person has recovered enough to defend himself, the medical officer must send a certificate to the court and the Director of Public Prosecutions. The court then either brings the person before it or discharges him, depending on whether prosecution continues.
217.-(1) Where an accused person detained in pursuance of a warrant issued under section 216 or section 281 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 the Director of Public to Prosecutions. (2) Where the Director of Public Prosecutions intends to continue proceedings against the accused person, 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 216 or 218, 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 of Public Prosecutions that the Republic intends to continue proceedings against the accused person, 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 218. (4) Where the court is informed by the Director of Public Prosecutions that the Republic does not intend to continue proceedings against the accused person, the court shall- (a) in cases where the certificate provided for in subsection (1) states that the accused person is fit for unconditional discharge forthwith, make an order for his discharge; or (b) in all other cases, record that proceedings have been discontinued, discharge the accused person of the charge and forthwith proceed to deal with him under section 8 of the Mental Health Act as a person deemed to have fact the 142 Cap. 98 Criminal Procedure Act [CAP. 20 R.E. 2022] been brought before it under that Act. (5) Notwithstanding the provisions of subsection (4), any discharge of the accused person pursuant to this section shall not operate as a bar to any subsequent proceedings against him on account of the same facts. Resumption of trial or inquiry Defence of insanity at trial Acts Nos. 9 of 2002 Sch.; 11 of 2019 s. 17 - 218 Verify source ↗
Resumption of trial or inquiry
AI-assisted research summary: When the court receives the required report or information, it must resume the trial and bring the accused before it.
218.-(1) Whenever a written report under subsection (4) of section 216 or information under subsection (3) of section 217 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 217, 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 216 or the production of a certificate issued under subsection (1) of section 217, it may, if still not satisfied that the accused person is of sound mind and capable of making his defence record a finding to that effect and proceed to make a fresh order under subsection (6) of section 216 - 219 Verify source ↗
Defence of insanity at trial
AI-assisted research summary: A defendant who wants to rely on insanity must raise it when called on to plead, and the court must make a special finding if the evidence supports insanity.
219.-(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 person 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 person did the act or made the omission charged but by reason of his 143 Criminal Procedure Act [CAP. 20 R.E. 2022] insanity, is not guilty of the offence. (3) When a special finding pursuant to subsection (2) is made by the court, it shall- Cap. 16 Cap. 98 the Penal Code to sentence of death or (a) where the person against whom a special finding is made was charged with an offence under 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 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 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 144 Criminal Procedure Act [CAP. 20 R.E. 2022] Court’s power to inquire into insanity 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. - 220 Verify source ↗
Court’s power to inquire into insanity
AI-assisted research summary: If the court thinks an accused may have been insane, it may pause the case and order detention in a mental hospital for examination. A medical officer must then report within 42 days, and the accused and prosecution may present more evidence on insanity.
220.-(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. (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 person 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 145 Criminal Procedure Act [CAP. 20 R.E. 2022] Procedure where accused does not understand proceedings 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 person 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 219 and all the provisions of section 219 shall apply to every such case. - 221 Verify source ↗
Procedure where accused person does not understand proceedings
AI-assisted research summary: If an accused person cannot understand the proceedings, the court must follow special steps, including hearing the evidence, discharging the accused if the evidence is insufficient, or detaining the accused during the President’s pleasure if conviction is justified.
221.-(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 person; (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 person 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 person is guilty of the offence 146 Criminal Procedure Act [CAP. 20 R.E. 2022] charged shall sentence him to be detained during the President’s pleasure; or (c) if the Director of Public Prosecutions states to the committing court that he does not intend to file information, the accused person 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 person 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 from time to time, 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. PART VII PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS 147 Criminal Procedure Act [CAP. 20 R.E. 2022] (a) Provisions Relating to the Hearing and Determination of Cases
Part
PART VII
- 222 Verify source ↗
Non-appearance of complainant at hearing
AI-assisted research summary: If the accused appears but the complainant does not, the court must dismiss the charge and discharge the accused unless it decides to adjourn the case.
222. 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. - 223 Verify source ↗
Appearance of both parties
AI-assisted research summary: If the complainant and accused person appear at the hearing, or the complainant appears and the accused has been excused from attending under section 193, the court must hear the case.
223. 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 193, the court shall proceed to hear the case. - 224 Verify source ↗
Withdrawal of complaint
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. This applies only to minor offences.
224. 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 person, 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 accused person against whom the complaint is so withdrawn; save that this section shall apply only in cases of minor offences. - 224A Verify source ↗
Abatement of trial in subordinate courts
AI-assisted research summary: Trials under this Part stop if the accused person dies.
224A. Every trial under this Part shall abate on the death of the accused person. Non-appearance of complainant at hearing Act No. 3 of 2011 s. 18; Cap. 4 s. 8 Appearance of both parties Withdrawal of complaint Abatement of trial in subordinate courts Act No. 9 of 2002 148 Criminal Procedure Act [CAP. 20 R.E. 2022] Sch. Adjournment and remand of accused person Act No. 5 of 1988 s. 10 - 225 Verify source ↗
Adjournment and remand of accused person
AI-assisted research summary: The court may adjourn a case or hearing, and may decide whether the accused stays at large, goes to prison, or is released on recognisance. Time limits apply, including limits on adjournments and police custody.
225.-(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, from time to time, 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, from time to time, further commit the accused person to police custody for a period of not more than fifteen days in the aggregate; or (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 Cap.16 149 Criminal Procedure Act [CAP. 20 R.E. 2022] 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). is filed under (5) Where no certificate 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 person 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. (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. 150 Cap. 200 Criminal Procedure Act [CAP. 20 R.E. 2022] Non-appearance of parties after adjournment Act No. 3 of 2011 s. 19 - 226 Verify source ↗
Non-appearance of parties after adjournment
AI-assisted research summary: If an accused person or complainant does not appear after an adjournment, the court may proceed, dismiss, discharge, issue a warrant, or deal with conviction and re-institution applications as stated here.
226.-(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 person were present; and if the complainant does the charge and not appear, discharge the accused person with or without costs as the court thinks fit. the court may dismiss (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) Any sentence passed under subsection (1) shall be deemed to commence from the date of apprehension and the person effecting such apprehension shall endorse the warrant of the date commitment. the back of thereof on (4) The court, in its discretion, may refrain from convicting the accused person in his absence, and in every issue a warrant for the such case apprehension of the accused person and cause him to be brought before the court. the court shall (5) Where the court dismisses the charge and discharges an accused person under section 222 or 226, 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. Accused person may be convicted and sentenced notwithstanding - 227 Verify source ↗
Accused person may be convicted and sentenced notwithstanding
AI-assisted research summary: If an accused in a subordinate court does not appear at the relevant hearing or sentencing date, the court may continue and decide the case under section 231 if attendance cannot be secured without undue delay or expense.
227. Where in any case to which section 226 does not apply, an accused person being tried by a subordinate court fails to appear on the date fixed for the continuation 151 Criminal Procedure Act [CAP. 20 R.E. 2022] his absence Accused to be called upon to plead Act No. 4 of 1991 Sch. Cap. 4 s. 8 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 231 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 person 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 person 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 person 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 person was absent shall not be invalid by reason only of his absence. - 228 Verify source ↗
Accused person to be called upon to plead
AI-assisted research summary: The court must tell the accused the substance of the charge and ask whether it is admitted or denied.
228.-(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. 152 Criminal Procedure Act [CAP. 20 R.E. 2022] (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 person 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. (5A) 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. (6) 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. - 229 Verify source ↗
Procedure on plea of “not guilty”
AI-assisted research summary: This section sets out what happens when the accused pleads not guilty: the prosecutor presents the case, the accused or advocate may question witnesses, and the court/magistrate must handle questions and statements in the hearing.
229.-(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 Procedure on plea of “not guilty” 5 Note: Subsection (5) was rearranged into subsections (5) and (5A) to bring the subsection in line with the applicable format of a legislative provision. 153 Criminal Procedure Act [CAP. 20 R.E. 2022] Discharge of accused person when no case to answer Defence such statement to the witness in the form of a question and record his answer. - 230 Verify source ↗
Discharge of accused person when no case to answer
AI-assisted research summary: If the prosecution evidence does not make out a case requiring a defence, the court must dismiss the charge and acquit the accused person.
230. 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 300 to 309 of this Act, he is liable to be convicted, the court shall dismiss the charge and acquit the accused person. - 231 Verify source ↗
Defence
AI-assisted research summary: The court must explain the charge and tell the accused person they may give evidence and call witnesses; if the accused stays silent, the court and prosecution may comment, and the court may infer against the accused. The court may also adjourn to secure absent defence witnesses in some cases.
231.-(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 300 to 309 of this Act, he is liable to be convicted, the court shall again explain the substance of the charge to the accused person 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 person, 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 person to give evidence. 154 Criminal Procedure Act [CAP. 20 R.E. 2022] (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 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. Evidence in reply - 232 Verify source ↗
Evidence in reply
AI-assisted research summary: If the accused examines witnesses or gives evidence beyond general character, the court may allow the prosecutor to give evidence in reply.
232. 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. Order of speeches Cap. 4 s. 8 - 233 Verify source ↗
Order of speeches
AI-assisted research summary: The prosecutor and the accused person or his advocate may address the court in the same manner and order as in the trial before the High Court.
233. The prosecutor and the accused person 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. Variance between charge and evidence and amendment of charge - 234 Verify source ↗
Variance between charge and evidence and amendment of charge
AI-assisted research summary: If a charge is defective, the court may alter it, and after alteration the accused and prosecution get related rights to plead, recall, and re-examine witnesses.
234.-(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 person may demand that the witnesses or any of them be recalled and give their evidence afresh or be further cross- examined by the accused person or his advocate and, in such last mentioned event, the 155 Criminal Procedure Act [CAP. 20 R.E. 2022] prosecution 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 the in writing considers that application the purpose of vexation, delay or for defeating the ends of justice. is made for (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 person 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. Decision Acts Nos. 10 of 1989 Sch.; 3 of 2011 s. 20 Cap. 16 the - 235 Verify source ↗
Decision
AI-assisted research summary: The court must hear both sides and then convict, sentence, make an order, acquit, or discharge the accused person as the law allows.
235.-(1) The court, having heard both complainant and the accused person and their witnesses and the evidence, shall convict the accused person 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. 156 Criminal Procedure Act [CAP. 20 R.E. 2022] (2) Where the court acquits the 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. Evidence relative to proper sentences or order - 236 Verify source ↗
Evidence relative to proper sentences or order
AI-assisted research summary: The court may receive evidence before passing sentence to help determine the proper sentence.
236. 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. Taking other offences into consideration - 237 Verify source ↗
Taking other offences into consideration
AI-assisted research summary: A resident magistrate’s subordinate court may consider another offence when sentencing, if the accused is warned, admits the offence, and asks the court to do so.
237. Without prejudice to the generality of section 236, 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, into consideration any other offence committed by the accused person - take (a) if 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. Drawing conviction or acquittal orders - 238 Verify source ↗
Drawing conviction or acquittal orders
AI-assisted research summary: If required, a conviction, acquittal, or other order may be drawn up, and it must be signed by the court or by the clerk or another court officer.
238. 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. Order of dismissal of - 239 Verify source ↗
Order of dismissal of further charges
AI-assisted research summary: A certified copy of an acquittal order can bar a later charge for the same matter against the same accused person.
239. The production of the copy of the order of acquittal certified by the clerk or other officer of the court 157 Criminal Procedure Act [CAP. 20 R.E. 2022] further charges shall, without other proof, be a bar to any subsequent charge for the same matter against the same accused person. Statements by medical witnesses Cap. 4 s. 8 - 240 Verify source ↗
Statements by medical witnesses
AI-assisted research summary: In subordinate court trials, a medical witness’s report on a purely medical or surgical matter can be accepted in evidence, and the court must tell the accused that they can require the report-maker to be summoned.
240.-(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 person 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 person of his right to require the person who made the report to be summoned in accordance with the provisions of this subsection. (b) Limitations and Exceptions relating to Trials Before Subordinate Courts Limitation of time for summary trials in certain cases - 241 Verify source ↗
Limitation of time for summary trials in certain cases
AI-assisted research summary: A subordinate court may not try a minor offence unless the charge or complaint is laid within 12 months, unless a longer time is allowed by law.
241. 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 triab le 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. Procedure in case of offence proving unsuitable for summary trial - 242 Verify source ↗
Procedure in case of offence proving unsuitable for summary trial
AI-assisted research summary: If a magistrate thinks a case should be tried by the High Court, the magistrate must stop the proceedings and send the accused for trial before the High Court.
242. 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 158 Criminal Procedure Act [CAP. 20 R.E. 2022] High Court. 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 Cap. 200 Courts to hold committal proceedings Procedure on arrest - 243 Verify source ↗
Power to commit for trial
AI-assisted research summary: A magistrate may commit a person for trial to the High Court, unless the magistrate’s appointment prevents it.
243.-(1) Any magistrate may, unless precluded from so doing by the terms of his appointment, commit any person for trial to the High Court. (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 the appropriate section of the Economic and under Organised Crime Control Act, and then proceed to deal with him in accordance with sections 29 and 30 of that Act. - 244 Verify source ↗
Courts to hold committal proceedings
AI-assisted research summary: A subordinate court of competent jurisdiction must hold committal proceedings when a charge is for an offence not triable by a subordinate court, or when the Director of Public Prosecutions advises that summary trial is not suitable.
244. 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. - 245 Verify source ↗
Procedure on arrest
AI-assisted research summary: This section sets out what must happen after arrest and before a High Court trial, including bringing the accused to a subordinate court, explaining the charges, and sending case materials to the prosecuting authority.
245.-(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 32 of this Act before a subordinate court of competent jurisdiction within whose local limits the arrest was made, together with the charge 159 Criminal Procedure Act [CAP. 20 R.E. 2022] upon which it is proposed to prosecute him, for him to be dealt with according to law, subject to this Act. to subsection (2) Whenever a person is brought before a subordinate court pursuant 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 person but the accused person shall not be required to plead or make any reply to the charge. (1), (3) After having read and explained to the accused person 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 otherwise inadvisable to prosecute, he shall, where the accused person 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 160 Criminal Procedure Act [CAP. 20 R.E. 2022] 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 person was first presented or within the local limits of which the accused person resides. Committal for trial by court receipt of the copy of - 246 Verify source ↗
Committal for trial by court
AI-assisted research summary: This section requires the subordinate court to bring the accused before it, explain the charge and prosecution evidence, warn the accused about any statement, and record any statement made.
246.-(1) Upon 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 245 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. (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 161 Criminal Procedure Act [CAP. 20 R.E. 2022] (4) Before 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.” 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 person had signed or attested it. Witnesses for prosecution and defence - 247 Verify source ↗
Witnesses for prosecution and defence
AI-assisted research summary: The court must list prosecution witnesses, ask the accused whether they want to call witnesses, and record any witness names and addresses the accused provides.
247. Immediately after complying with the provisions of sections 245 and 246, 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 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 person mentions. Adjournment of proceedings - 248 Verify source ↗
Adjournment of proceedings
AI-assisted research summary: The court may adjourn proceedings and remand an accused person, subject to time limits and bail rules.
248.-(1) Where for any reasonable cause, to be recorded it in the proceedings, the court considers necessary or advisable to adjourn the proceedings it may, 162 Criminal Procedure Act [CAP. 20 R.E. 2022] from time to time by warrant, remand the accused person 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 person 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 148 the court may admit an accused on remand to bail. - 249 Verify source ↗
Accused person entitled to copy of proceedings
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, and the court must tell the accused person about that right when committing the person for trial.
249.-(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 person 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. - 250 Verify source ↗
Court may bind witness to appear at trial
AI-assisted research summary: A prosecutor may ask the High Court to summon a needed person for trial, and the court must summon that person and may bind them to appear by recognisance, with or without sureties.
250.-(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 163 Accused person entitled to copy of proceedings Court may bind witness to appear at trial Criminal Procedure Act [CAP. 20 R.E. 2022] Refusal to be bound over requisite, to appear at the trial in compliance with any summons issued in accordance with section 263. into - 251 Verify source ↗
Refusal to be bound over
AI-assisted research summary: If a person who must enter recognisance under section 250 refuses, the court may keep that person in prison or custody until trial or other disposal of the case, unless recognisance is entered meanwhile.
251. Where a person required to enter recognisance under section 250 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 person is otherwise disposed of, unless in the meantime he enters into recognisance as required by the court. (b) Preservation of Testimony in Certain Cases Taking deposition of person dangerously ill or unable to attend trial Notice to be given - 252 Verify source ↗
Taking deposition of person dangerously ill or unable to attend
AI-assisted research summary: A court may record in writing the sworn statement of a seriously ill or unavailable person who can give material evidence; the magistrate must also certify and file it.
252. 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 not, in the opinion of the magistrate, to be sworn or affirmed, the statement may be taken without oath or affirmation. - 253 Verify source ↗
Notice to be given
AI-assisted research summary: A person in custody may be brought to the place where a statement is taken if the person requests it and there is a written magistrate’s order.
253.-(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 252 is expected to relate, in sections 257 and 258 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. 164 Criminal Procedure Act [CAP. 20 R.E. 2022] Opportunity for cross- examination and transmission of statements Use of statements in evidence (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. - 254 Verify source ↗
Opportunity for cross-examination and transmission of statements
AI-assisted research summary: If a statement is taken in an accused person’s presence, the accused person or advocate, and the prosecutor if present, may question the deponent. If the accused is committed for trial, the statement must be sent to the Registrar of the High Court and a copy to the Director of Public Prosecutions.
254. 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. - 255 Verify source ↗
Use of statements in evidence
AI-assisted research summary: A statement made under section 252 can be used as evidence at trial if the witness is dead or cannot reasonably attend, and the accused had notice and a chance to cross-examine.
255.-(1) Every statement made under section 252 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 if- (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 case, would be the unreasonable; and (b) the accused person received notice of the court to take the statement has been provided in section 253 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 is finally disposed of, the statement shall be returned to the magistrate who recorded it for filing in accordance with the provisions of section 252. in evidence (3) Nothing in this section shall be construed as 165 Criminal Procedure Act [CAP. 20 R.E. 2022] Cap. 6 affecting the provisions of section 34 of the Evidence Act. 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 - 256 Verify source ↗
Transmission of records to High Court
AI-assisted research summary: When an accused person has been committed for trial, the committing court must promptly send the signed and authenticated committal record to the Registrar of the High Court and forward authenticated copies of the charge and proceedings to the Director of Public Prosecutions.
256. 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. - 256A Verify source ↗
Trial by resident magistrate with extended jurisdiction
AI-assisted research summary: The High Court may transfer a plea and trial to a resident magistrate with extended jurisdiction.
256A.-(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 173. (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 governs 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 like proceedings before the High Court. the same manner as they govern in Notice of trial - 257 Verify source ↗
Notice of trial
AI-assisted research summary: After receiving the committal record copies, the Registrar or deputy must add a notice of trial to the filed information and to copies served on the court or police officer.
257. 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 166 Criminal Procedure Act [CAP. 20 R.E. 2022] Copy of information and notice of trial to be served 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 .................... 20........”. - 258 Verify source ↗
Copy of information and notice of trial to be served
AI-assisted research summary: The Registrar and service officer must arrange delivery of the information and notice of trial copies, and the accused must be given them and the nature of them explained before trial.
258. 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 office 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 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. Returns of service - 259 Verify source ↗
Returns of service
AI-assisted research summary: The officer who serves the trial papers must promptly file a return of service with the registrar.
259. 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. 167 Criminal Procedure Act [CAP. 20 R.E. 2022] Postponement of trial - 260 Verify source ↗
Postponement of trial
AI-assisted research summary: The High Court may postpone a criminal trial on application by the prosecutor or the accused person if it sees sufficient cause for delay.
260.-(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). Information to be signed by Director of Public Prosecutions - 261 Verify source ↗
262. Form of information
AI-assisted research summary: Information made under section 257 must be in the name of, and signed by, the Director of Public Prosecutions, subject to section 92.
261. All information drawn up in pursuance of section 257 shall be in the name of and, subject to the provisions of section 92, signed by the Director of Public Prosecutions. Form of information - 262 Verify source ↗
Form of information
AI-assisted research summary: An information must show the date it was signed, and it may start in the stated form with necessary adjustments.
262. 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
AI-assisted research summary: This section is a court form statement saying the court is informed that a named person is charged with one or more offences.
20......... At the sessions held at ................ on the .......... day of. ............ 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)”. - 263 Verify source ↗
Witnesses to be summoned
AI-assisted research summary: The Registrar of the High Court must issue summons before trial starts for certain witnesses to attend.
263. 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 person. Witnesses to be summoned PART VIII PROCEDURE IN TRIALS BEFORE THE HIGH COURT (a) Practice and the Mode of Trial 168 Criminal Procedure Act [CAP. 20 R.E. 2022] Practice of High Court in its criminal jurisdiction the
Part
PART VIII
- 264 Verify source ↗
Practice of the High Court in its criminal jurisdiction
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.
264. The High Court may, subject provisions of this Act and any other written laws, regulate its own practice in the exercise of its criminal jurisdiction. to Proceedings which may require assessors Act No. 1 of 2022 s. 30 - 265 Verify source ↗
Proceedings which may require assessors
AI-assisted research summary: The High Court may sit with at least two assessors when it thinks justice requires it, and the Chief Justice may make rules about amicus curiae procedure.
265.-(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. Liability to serve as assessor (b) Assessors - 266 Verify source ↗
Liability to serve as assessor
AI-assisted research summary: People aged 21 to 60 must serve as assessors unless an exemption applies, and the High Court may make rules about the area from which assessors can be summoned.
266.-(1) Subject to the exemptions under the provisions of section 267 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) No proceedings shall be invalid only by the reason that any of the assessors was disqualified or exempt from serving as an assessor. Exemptions - 267 Verify source ↗
Exemptions
AI-assisted research summary: Several listed categories of people are exempt from liability to serve as assessors, and the Chief Justice may exempt other officers or persons.
267. The following persons are exempt from liability to serve as assessors, namely- (a) Ministers and members of National Assembly; (b) judges and magistrates; (c) persons actively discharging the duties of respective priests or ministers of their 169 Criminal Procedure Act [CAP. 20 R.E. 2022] Cap. 33 No exemption by sex or marriage from liability to serve as assessor Summoning of assessors 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; the provisions of (g) persons exempted from personal appearance in the Civil court under Procedure Code or any rules made thereunder; (h) persons disabled by mental or bodily infirmity; (i) officers of the Police and Prisons services; and (j) such other officers of the Government and such persons as may be exempted by the Chief Justice from liability to serve. - 268 Verify source ↗
No exemption by sex or marriage from liability to serve as
AI-assisted research summary: A person cannot be excused from serving as an assessor because of sex or marriage. A judge or magistrate may order a panel of all men or all women, or exempt a woman from assessor service in a case for the stated reasons.
268. 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. (c) Attendance of Assessors - 269 Verify source ↗
Summoning of assessors
AI-assisted research summary: The Registrar of the High Court must direct the local magistrate to summon assessors at least 14 days before High Court sessions, and the magistrate must comply.
269.-(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 170 Criminal Procedure Act [CAP. 20 R.E. 2022] 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 266 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 an administrative officer having jurisdiction in the same district or region. selection delegate such to Form of summons - 270 Verify source ↗
Form of summons
AI-assisted research summary: A summons to an assessor must be in writing and must state the time and place for attendance.
270. Every summons to an assessor shall be in writing and shall require his attendance at a time and place to be specified therein. Objections to summons to serve as assessor - 271 Verify source ↗
Objections to summons to serve as assessor
AI-assisted research summary: A person served with a summons to serve as an assessor may object before a district or resident magistrate if they believe they are not liable; the magistrate must cancel the summons if satisfied. The objector must usually appear personally, with one stated exception.
271.-(1) Any person who has been served with a summons issued under section 269 may, if he is of the opinion that he is not liable under section 267 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 267 in which case a person who satisfies the magistrate that he is duly authorised to appear may appear on his behalf. Excuses from attendance - 272 Verify source ↗
Excuses from attendance
AI-assisted research summary: The High Court may excuse an assessor from attending a particular session for reasonable cause, and may also order that trial assessors not be summoned again for 12 months.
272. 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. 171 Criminal Procedure Act [CAP. 20 R.E. 2022] List of assessors attending - 273 Verify source ↗
List of assessors attending
AI-assisted research summary: At each session, the High Court must make a list of the names of assessors who attended.
273. 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. Penalty for non- attendance of assessors Pleading to information Act No. 4 of 1991 Sch. - 274 Verify source ↗
Penalty for non-attendance of assessors
AI-assisted research summary: An assessor who is summoned but does not attend, leaves without permission, or fails to return when ordered may be fined up to 500 shillings; the High Court can also reduce or remit the fine, and non-payment can lead to up to 15 days’ civil imprisonment.
274.-(1) Any 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 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. (d) Arraignment - 275 Verify source ↗
Pleading to information
AI-assisted research summary: In a High Court case on information, the accused must be brought before the court, the information must be read and explained if needed, and the accused must plead at once unless a service-of-copy objection applies.
275.-(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. 172 Criminal Procedure Act [CAP. 20 R.E. 2022] Orders for amendment of information, separate trial and postponement of trial - 276 Verify source ↗
Orders for amendment of information, separate trial and
AI-assisted research summary: The court may amend a defective information, order a separate trial or postponement, and make related orders about assessors, bail, and recognisances.
276.-(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 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 person 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 person 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 person 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 173 Criminal Procedure Act [CAP. 20 R.E. 2022] 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 person to bail and as to the enlargement of recognisances and otherwise as the court thinks fit. (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. - 277 Verify source ↗
Quashing of information
AI-assisted research summary: An information must be quashed if it does not state an offence the accused had notice of and cannot be amended to state one. A written statement of such a motion must be delivered to the court and entered on the record.
277.-(1) Where an information does not state, and cannot, by an amendment authorised by section 276, be made to state any offence of which the accused person has had notice, it shall be quashed either on a motion made before the accused person 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 person and shall be entered upon the record. Quashing of information Procedure in case of previous convictions - 278 Verify source ↗
Procedure in case of previous convictions
AI-assisted research summary: This section sets the procedure for dealing with a prior conviction allegation in an information.
278.-(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 person be asked whether he has been previously convicted as alleged in the information, unless and until he has either pleaded guilty to or been convicted of the subsequent offence; (b) if he pleads guilty to or is convicted of the 174 Criminal Procedure Act [CAP. 20 R.E. 2022] subsequent offence, he shall then be asked whether he has been previously convicted as alleged in the information; and (c) if 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. (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. Plea of “not guilty” - 279 Verify source ↗
Plea of “not guilty”
AI-assisted research summary: If an accused person pleads not guilty on arraignment, they are treated as having put themselves on trial.
279. 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. Plea of autrefois acquit and autrefois convict - 280 Verify source ↗
Plea of autrefois acquit and autrefois convict
AI-assisted research summary: An accused person may plead former conviction, former acquittal, or a pardon; if the prosecution disputes that plea, the court must decide whether it is true in fact, and if it is not proved the accused must plead to the information.
280.-(1) Any accused person upon whom an information is filed may plead that (a) he has been previously convicted or acquitted, as the case may be, of the same offence; or (b) 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 person do not prove the plea, or finds that it is false in fact, the accused person shall be required to plead to the information. 175 Criminal Procedure Act [CAP. 20 R.E. 2022] Refusal to plead - 281 Verify source ↗
Refusal to plead
AI-assisted research summary: If an accused person cannot plead because they are mute or incapacitated, the court may enter a not guilty plea, test whether the person is of sound mind, and then either continue the trial or postpone it and keep the person in safe custody.
281.-(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 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 217 and 218 of this Act. Plea of “guilty” - 282 Verify source ↗
Plea of “guilty”
AI-assisted research summary: If the accused pleads guilty, the plea must be recorded and conviction may follow.
282. Where the accused person pleads “guilty”, the plea shall be recorded and he may be convicted thereon. Proceedings after plea of “not guilty” - 283 Verify source ↗
Proceedings after plea of “not guilty”
AI-assisted research summary: If the accused pleads not guilty, the court must choose assessors and try the case; the court also has power to postpone or adjourn proceedings.
283. Where the accused person pleads “not guilty” or if the plea of “not guilty” is entered in accordance with the provisions of section 281, the court shall proceed to choose assessors, as provided in section 285, and to try the case. Power to postpone or adjourn proceedings - 284 Verify source ↗
Power to postpone or adjourn proceedings
AI-assisted research summary: The court may postpone or adjourn a trial, remand the accused, bring the accused before it during remand, and admit the accused to bail.
284.-(1) Where, from the absence of witnesses or any other reasonable cause 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 to be recorded in 176 Criminal Procedure Act [CAP. 20 R.E. 2022] 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 considers reasonable and may, by warrant, remand the accused person to a prison or other place of security. (2) During a remand the court may at any time order the accused person to be brought before it. (3) The court may on remand admit the accused person to bail. - 284A Verify source ↗
Abatement of trial before High Court
AI-assisted research summary: A trial before the High Court abates if the accused person dies.
284A. Every trial before the High Court shall abate on the death of the accused person. (e) Selection of Assessors - 285 Verify source ↗
Rules regarding selection of assessors
AI-assisted research summary: The Chief Justice may make rules about how assessors are selected.
285.-(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. - 286 Verify source ↗
Absence of assessor
AI-assisted research summary: If one assessor cannot continue and cannot be brought back immediately, the trial may continue with the remaining assessors if there are at least two; those assessors are treated as properly constituted and may return a verdict unanimously or by majority.
286. 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 to return a verdict the trial and shall have power accordingly whether unanimous or by majority. Assessors to attend at adjourned sittings - 287 Verify source ↗
Assessors to attend at adjourned sittings
AI-assisted research summary: If a trial is adjourned, assessors must attend the adjourned sitting and any later sitting until the trial ends.
287. 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. 177 Criminal Procedure Act [CAP. 20 R.E. 2022] (f) Case for the Prosecution Opening case for prosecution - 288 Verify source ↗
Opening case for prosecution
AI-assisted research summary: If assessors have been chosen, the advocate for the prosecution must open the case and present witnesses and evidence for the charge.
288. 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. Additional witnesses for prosecution Act No. 1 of 2020 s. 8 - 289 Verify source ↗
Additional witnesses for prosecution
AI-assisted research summary: The prosecution may not call certain witnesses at trial unless it first gives reasonable written notice to the accused person or their advocate.
289.-(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. Cross- examination of witnesses for prosecution - 290 Verify source ↗
Cross-examination of witnesses for prosecution
AI-assisted research summary: Prosecution witnesses must be available for cross-examination by the accused person or the accused person’s advocate, and for re-examination by the prosecution advocate.
290. 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. Statements by medical witnesses - 291 Verify source ↗
Statements by medical witnesses
AI-assisted research summary: In High Court trials, medical witness reports may be used as evidence if notice and a copy are given to the accused or their advocate; the court can also summon the report writer and must tell the accused about that right.
291.-(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 178 Criminal Procedure Act [CAP. 20 R.E. 2022] 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 person 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 person 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 person 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. Statement of evidence of accused person Close of case for prosecution Act No. 13 of 1988 Sch. Cap. 4 s. 8 - 292 Verify source ↗
Statement of evidence of accused person
AI-assisted research summary: A certified statement of the accused person may be used as evidence without further proof that the magistrate did not actually certify it, unless the missing text proves otherwise.
292. Any statement of the accused person duly certified by the committing magistrate in the manner provided by section 246 may, whether signed by the accused person or not, be given in evidence without further proof the magistrate purporting to certify the same did not in fact certify it. thereof, unless is proved that it - 293 Verify source ↗
Close of case for prosecution
AI-assisted research summary: After the prosecution closes its case, the court must either find the accused not guilty or tell the accused about defence rights and proceed accordingly.
293.-(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 person or any one of several accused person committed the offence or any other offence of which, under the provisions of sections 300 to 309 of this Act he is liable to 179 Criminal Procedure Act [CAP. 20 R.E. 2022] 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 300 to 309 he is liable to be convicted, shall inform the accused person of his right- (a) to give evidence on his own behalf; and (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 the accused person accepts or gives any evidence not on oath or affirmation he shall be subject the prosecution. to cross-examination by that Case for defence (g) Case for the Defence - 294 Verify source ↗
Case for defence
AI-assisted research summary: The accused person or their advocate may open the defence case, the accused may give evidence, and the accused or advocate may examine witnesses and sum up.
294.-(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. Additional - 295 Verify source ↗
Additional witnesses for defence
AI-assisted research summary: The accused person may examine witnesses who are present at the trial, and courts may summon defence witnesses in limited circumstances.
295.-(1) In addition to the witnesses summoned 180 Criminal Procedure Act [CAP. 20 R.E. 2022] witnesses for defence Prosecutor’s reply Where accused person does not give evidence Delivery of opinion by assessors and giving of judgment pursuant to the provisions of section 263, the accused person 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 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. - 296 Verify source ↗
Prosecutor’s reply
AI-assisted research summary: If the person or any one of several accused persons gives evidence, the prosecutor may reply, subject to section 201.
296. 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 201. - 297 Verify source ↗
Where accused person does not give evidence
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 prosecutor must sum up the case and the court must call on the accused to address the court.
297. 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. (h) Close of Hearing - 298 Verify source ↗
Delivery of opinion by assessors and giving of judgment
AI-assisted research summary: After both sides close their case, the judge may summarize the evidence, must ask each assessor for an oral opinion, then give judgment and sentence any convicted accused according to law.
298.-(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. 181 Criminal Procedure Act [CAP. 20 R.E. 2022] (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 from consultation with one another. time during trial, the Conviction where proceedings heard partly by one judge and partly by another Act No. 1 of 2022 s. 32 - 299 Verify source ↗
Conviction where proceedings heard partly by one judge and partly
AI-assisted research summary: If a trial judge cannot finish a trial, another judge with jurisdiction may take over and continue it, use the recorded evidence, and in some cases re-summon witnesses.
299.-(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. PART IX CONVICTIONS, JUDGMENT, SENTENCES AND THEIR EXECUTION IN THE SUBORDINATE COURTS AND HIGH COURT A. - Miscellaneous Provisions Relating to Convictions Where offence proved is included in offence charged Cap. 4 s. 8
Part
PART IX
- 300 Verify source ↗
Where offence proved is included in offence charged
AI-assisted research summary: A person charged with an offence may be convicted of a minor offence if the proved facts support that lesser offence, even if it was not charged.
300.-(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, is proved but the remaining and such combination particulars are not proved, he may be convicted of the minor offence although he was not charged with it. 182 Criminal Procedure Act [CAP. 20 R.E. 2022] Cap. 16 Person charged with offence may be convicted of attempt Cap. 4 s. 8 Alternative verdicts in various charges involving homicide of children Cap. 16 Cap. 16 Cap. 16 Cap. 16 (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. (3) For the purpose of this section, the offences specified in section 222 of the Penal Code shall, where a person is charged with the offence of attempted murder under section 211 thereof, be deemed to be minor offence. - 301 Verify source ↗
Person charged with offence may be convicted of attempt
AI-assisted research summary: A person charged with an offence may still be convicted of attempting that offence even if the attempt was not separately charged.
301. 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. - 302 Verify source ↗
Alternative verdicts in various charges involving homicide of
AI-assisted research summary: The court may convict a charged person of certain lesser offences even if that offence was not originally charged.
302.-(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 183 Criminal Procedure Act [CAP. 20 R.E. 2022] Cap. 16 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. (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. Alternative verdicts under Road Traffic Act in certain manslaughter cases Cap. 168 Cap. 4 s. 8 - 303 Verify source ↗
Alternative verdicts under Road Traffic Act in certain
AI-assisted research summary: If a person is charged with manslaughter linked to driving, the court may convict them instead of an offence under the Road Traffic Act for reckless, dangerous, or careless driving, even if that offence was not charged.
303. 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 50 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. Alternative verdicts in charges of rape and kindred offences Cap. 4 s. 8 Cap. 16 Cap. 16 Cap.16 - 304 Verify source ↗
Alternative verdicts in charges of rape and kindred offences
AI-assisted research summary: A court may convict a person of certain uncharged offences if the person was charged with a different listed offence and the court believes the person is guilty of the alternative offence.
304.-(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 Pe nal Code, 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 136 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 subsection (1) or subsection (3) of section 135 or under section 140 of the Penal Code, he may be convicted of that offence although he was not 184 Criminal Procedure Act [CAP. 20 R.E. 2022] Person charged with burglary, etc., may be convicted of kindred offence Cap. 16 Cap. 4 s. 8 Alternative verdicts in charges of stealing and kindred offences Cap. 16 Cap. 4 s. 8 Cap. 16 Cap. 16 Cap. 16 charged with it. - 305 Verify source ↗
Person charged with burglary, etc., may be convicted of kindred
AI-assisted research summary: A court may convict a person of another offence under sections 294 to 298 even if that offence was not the one originally charged, if the court thinks the person is guilty of it and not guilty of the charged offence.
305. 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. - 306 Verify source ↗
Alternative verdicts in charges of stealing and kindred offences
AI-assisted research summary: The court may convict a person of a related offence even if that offence was not the one charged.
306.-(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 185 Criminal Procedure Act [CAP. 20 R.E. 2022] Alternative verdicts in charges of being in possession of property suspected of having been corruptly acquired Cap. 329 Cap. 16 Construction of sections 300 to 307 Person charged with warrant offence not to be acquitted if non warrant offence proved guilty of receiving the thing, then he may be convicted under the provisions of the said section of retaining or receiving, as the case may be, although he was not so charged. - 307 Verify source ↗
Alternative verdicts in charges of being in possession of property
AI-assisted research summary: If someone is charged under section 27(1) of the Corruption Act, the court may convict them instead of an uncharged section 312 Penal Code offence if it thinks the property was not corruptly acquired or received but the section 312 offence was proved.
307. 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. - 308 Verify source ↗
Construction of sections 300 to 307
AI-assisted research summary: Sections 300 to 307 must be read as დამატני?
308. The provisions of sections 300 to 307 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 301 to 307 shall be construed as being without prejudice to the generality of the provisions of section 300. - 309 Verify source ↗
Person charged with warrant offence not to be acquitted if non
AI-assisted research summary: If the facts in a warrant-offence trial prove only a non-warrant offence, the accused is not acquitted for that reason, and later prosecution for the warrant offence on the same facts is barred unless the court directs prosecution for the non-warrant offence.
309. Where in any trial for a warrant offence the facts proved in evidence amount to a non-warrant offence, the accused person 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. Right of accused person to be defended - 310 Verify source ↗
Right of accused person to be defended
AI-assisted research summary: A person accused before a criminal court other than a primary court may be defended by a High Court advocate, subject to any written law on advocates’ professional services.
310. 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. 186 Criminal Procedure Act [CAP. 20 R.E. 2022] M ode of delivering judgment Act No. 2 of 2005 s. 46 B. - Judgment Generally - 311 Verify source ↗
Mode of delivering judgment
AI-assisted research summary: The court must deliver criminal judgments in open court promptly, and in any event within 90 days after trial ends.
311.-(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 dispersed 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 299. Content of judgement Act No. 10 of 1989 Sch. - 312 Verify source ↗
Content of judgment
AI-assisted research summary: Judgments under section 311 must be written under judicial direction, state the issues, decision and reasons, and be dated and signed; conviction and acquittal judgments have extra content requirements.
312.-(1) Every judgment under the provisions of section 311 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 187 Criminal Procedure Act [CAP. 20 R.E. 2022] Cap. 16 contain the point or points 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. Copy of judgment, etc. to be given to accused person or interested party on application - 313 Verify source ↗
Copy of judgment, etc., to be given to accused person or any
AI-assisted research summary: The court must give the accused a copy of the judgment on request, and may also give a translation if practicable, without delay and free of charge.
313.-(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) Any 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. C. - Sentences (a) Passing Sentence in the High Court Calling upon accused - 314 Verify source ↗
Calling upon accused person
AI-assisted research summary: After a conviction or guilty plea, the court registrar or another court officer must ask the accused if there is any reason sentence should not be passed; failing to ask does not invalidate the proceedings.
314. 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. M otion in arrest of judgment - 315 Verify source ↗
Motion in arrest of judgment
AI-assisted research summary: An accused person may ask the court to arrest judgment before sentence, and the court may decide the request or adjourn it; if the court rules for the accused person, that person must be discharged.
315.-(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 188 Criminal Procedure Act [CAP. 20 R.E. 2022] 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 that person he shall be discharged from accused information. Sentence Power to reserve decisions on questions raised at trial Power to reserve questions arising in course of trial Cap. 4 s. 8 - 316 Verify source ↗
Sentence
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.
316. 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. - 317 Verify source ↗
Power to reserve decisions on questions raised at trial
AI-assisted research summary: A trial court may reserve its final decision on questions raised during the trial.
317. 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. - 318 Verify source ↗
Power to reserve questions arising in the course of trial
AI-assisted research summary: A trial judge may reserve and refer a question from a High Court trial to two or more High Court judges for decision.
318.-(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 trial judge and to pass such judgment or order as the High Court may think fit. Objectives cured by judgment
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