CHAPTER 20
CRIMINAL PROCEDURE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Limitation of application.

   4.   Procedure to be adopted for trial of offences.

PART II
PROCEDURE RELATING TO CRIMINAL INVESTIGATIONS

A. - Arrest, Escape, Recapture, Search Warrants and Seizure

(a) Preliminary Provisions

   5.   When person is under restraint and in lawful custody.

   6.   Application of this Part to police officers.

   7.   Duty to give information on crimes and sudden deaths.

   8.   Inquiries into deaths.

   9.   Information relating to the commission of an offence to be given orally or in writing.

   10.   Investigation by police officer.

(b) Arrests and Warrant of Arrest

   11.   Arrest, how made.

   12.   No unnecessary restraint.

   13.   Warrant for arrest.

   14.   Arrest by police officer without warrant.

   15.   Procedure when police officer deputes subordinate to arrest without warrant.

   16.   Arrest without warrant by private persons.

   17.   Arrest by magistrate.

   18.   Magistrate may arrest person for an offence committed in his presence.

   19.   Right of entry into any place in order to effect arrest.

   20.   Power to break out of any place for purposes of liberation.

   21.   Use of force in making arrest.

   22.   Certain arrests not to be taken to be unlawful.

   23.   Person to be informed of grounds of arrest.

   24.   Search of arrested person.

   25.   Power of the police to detain and search vehicles, etc.

   26.   Mode of searching women.

   27.   Power to seize offensive weapons.

   28.   Arrest of vagabonds, habitual robbers, etc.

   29.   Refusal to give name and residence.

   30.   Disposal of persons arrested by police officer.

   31.   Disposal of persons arrested by private persons.

   32.   Detention of persons arrested.

   33.   Police to report apprehensions.

(c) Escape and Retaking

   34.   Recapture of persons escaping.

   35.   Provisions of sections 19 and 20 apply to arrest under section 34.

   36.   Duty to assist magistrate or police officer in prevention of escape of arrested person.

   37.   Compensation for injuries, losses or death resulting from assisting police, etc.

(d) Search Warrants and Seizure

   38.   Power to issue search warrant or authorise search.

   39.   Things connected with an offence.

   40.   Execution of search warrant.

   41.   Search and seizure.

   42.   Searches in emergencies.

   43.   Persons in charge of closed places to allow ingress and egress.

   44.   Detention of property seized.

   45.   Provisions applicable to search warrants.

B. - Powers and Duties of Police Officers when Investigating Offences

(a) Preliminary Provisions

   46.   Requirement to furnish name and address.

   47.   Police to prevent breaches of the peace or the commission of arrestable offences.

(b) Duration of Custodial Investigation by Police

   48.   Restriction on questioning person, etc.

   49.   When person not to be taken under restraint.

   50.   Periods available for interviewing persons.

   51.   Where custodial investigation cannot be completed within four hours.

(c) Duties when Interviewing Suspects

   52.   Questioning suspect persons.

   53.   Persons under restraint to be informed of rights.

   54.   Communication with lawyer, relative or friend.

   55.   Treatment of persons under restraint.

   56.   Special duties when interviewing children.

(d) Recording of Interview

   57.   Record of interview.

   58.   Statements by suspects.

(e) Other Investigative Actions

   59.   Power to take fingerprints, photos, etc., of suspects.

   60.   Identification parades.

   61.   Persons convicted on mistaken identity to be compensated.

   62.   Minister to make regulations for identification parades, etc.

   63.   Medical examination.

(f) Release and Bail

   64.   Police bail of suspect.

   65.   Criteria for granting police bail.

   66.   Conditions of police bail.

   67.   Refusal to grant police bail.

   68.   Revocation of police bail.

   69.   Breaches of conditions of bail.

PART III
PREVENTION OF OFFENCES

(a) Security for Keeping the Peace and for Good Behaviour

   70.   Powers of magistrate to require persons to execute bonds.

   71.   Security for good behaviour from persons disseminating seditious matter.

   72.   Security for good behaviour from suspected persons.

   73.   Security for good behaviour from habitual offenders.

   74.   Order to be made.

   75.   Procedure in respect of person present in court.

   76.   Procedure in respect of person not present in court.

   77.   Copy of order to accompany summons or warrant.

   78.   Power to dispense with personal attendance.

   79.   Inquiry as to truth of information.

   80.   Order to give security.

   81.   Discharge of person informed against.

(b) Proceedings Subsequent to Order to Furnish Security

   82.   Commencement of period for which security is required.

   83.   Contents of bond.

   84.   Power to reject sureties.

   85.   Procedure on failure to give security.

   86.   Power to release persons imprisoned for failure to give security.

   87.   Power of High Court to cancel bond.

   88.   Discharge of sureties.

PART IV
CONTROL OF CRIMINAL PROCEEDINGS

A. - The Director of Public Prosecutions

   89.   Director of Public Prosecutions.

   90.   Powers of the Director of Public Prosecutions.

   91.   Power of the Director of Public Prosecutions to enter nolle prosequi.

   92.   Delegation of power by Director of Public Prosecutions.

   93.   Criminal informations by D.P.P.

   94.   Offences by foreigners committed within territorial waters to be prosecuted only with leave of D.P.P.

B. - Appointment of Public Prosecutors and Conduct of Prosecutions

   95.   Power to appoint public prosecutors.

   96.   Certain offences may be prosecuted by public officers.

   97.   Powers of public prosecutors.

   98.   Withdrawal from prosecution in trials before subordinate courts.

   99.   Permission to conduct prosecution and title of summary proceedings.

PART V
INSTITUTION OF PROCEEDINGS

A. - Process to Compel the Appearance of Accused Persons

(a) Summons

   100.   Form and contents of summons.

   101.   Service of summons.

   102.   Service when person summoned cannot be found.

   103.   Procedure when service cannot be personally effected.

   104.   Service on servant of Government.

   105.   Service on company.

   106.   Appearance by corporation and plea of not guilty to be entered when representative does not appear.

   107.   Service outside local limits of jurisdiction.

   108.   Proof of service when serving officer not present.

   109.   Appearance by corporation.

(b) Warrant of Arrest

   110.   Warrant after issue of summons.

   111.   Disobedience to summons.

   112.   Form, contents and duration of warrant of arrest.

   113.   Power to direct security to be taken.

   114.   Warrants, to whom directed.

   115.   Warrant may be directed to landholders, etc.

   116.   Execution of warrant directed to police officer.

   117.   Notification of substance of warrant.

   118.   Person arrested to be brought before the court without delay.

   119.   Where warrant of arrest may be executed.

   120.   Forwarding of warrants for execution outside jurisdiction.

   121.   Procedure in case of warrant directed to police officer for execution outside jurisdiction.

   122.   Procedure on arrest of person outside jurisdiction.

   123.   Irregularities in warrants.

(c) Miscellaneous Provisions regarding Process

   124.   Power to take bond for appearance.

   125.   Arrest for breach of bond for appearance.

   126.   Power of court to order prisoner to be brought before it.

   127.   Provisions of this Part generally applicable to summonses and warrants; and powers of justices of the peace.

B. - Proceedings

(a) Making a Complaint

   128.   Institution of proceedings.

   129.   Power of magistrate to reject complaint or formal charge.

   130.   Issue of summons or warrants.

(b) The Formal Charge

   131.   Persons charged to be cautioned.

   132.   Offences to be specified in charge with necessary particulars.

   133.   Joinder of counts in a charge or information.

   134.   Joinder of two or more accused in one charge or information.

   135.   Mode in which offences are to be charged.

   136.   Case of two or more persons charged.

(c) Previous Conviction or Acquittal

   137.   Persons convicted or acquitted not to be tried again for the same offence.

   138.   Person may be tried again for separate offences.

   139.   Consequences supervening or not known at time of former trial.

   140.   Where original court was not competent to try subsequent charge.

   141.   Previous conviction, how proved.

(d) Compelling Attendance of Witnesses

   142.   Summons for witness.

   143.   Warrant for witness who disobeys summons.

   144.   Warrant for witness in first appearance.

   145.   Mode of dealing with witness arrested under warrant.

   146.   Power of court to order prisoner to be brought up for examination.

   147.   Penalty for non-attendance of witness.

(e) Provisions as to Bail, Recognisances and Bonds

   148.   Bail.

   149.   Power of the High Court to vary terms of bail by lower court.

   150.   Change of circumstances after grant of bail.

   151.   Execution of bonds.

   152.   Discharge from custody.

   153.   Deposit instead of bond.

   154.   Power to order sufficient bail when that first taken is insufficient.

   155.   Discharge of sureties.

   156.   Death of surety.

   157.   Person bound by recognisance absconding or breaking condition of bail may be arrested.

   158.   Person absconding or breaking condition of bail not to be considered for further bail.

   159.   Punishment for breaking conditions of bail or for non-appearance.

   160.   Forfeiture of recognisance.

   161.   Appeal from and revision of orders.

   162.   Power to direct levy of amount due on certain recognisances.

   163.   Reconciliation in certain cases.

PART VI
TRIALS

GENERAL PROVISIONS RELATING TO TRIALS

A. - Powers of Courts

(a) Powers Generally

   164.   Offences under Penal Code.

   165.   Offences under laws other than the Penal Code.

   166.   Sentences which High Court may pass.

   167.   Combination of sentences.

   168.   Sentences in cases of conviction of two or more offences at one trial.

   169.   Exclusion of evidence illegally obtained.

(b) Subordinate Courts

   170.   Sentences which a subordinate court may pass.

   171.   When subordinate court may commit to High Court for sentence.

   172.   Release on bail pending confirmation and powers of confirming court.

(c) Extended Jurisdiction of Subordinate Courts

   173.   Extended jurisdiction.

   174.   Trials to be with aid of assessors.

   175.   [Repealed.]

   176.   Record and report to be sent to the President.

B. - Trials Generally

(a) Place of Inquiry or Trial

   177.   General authority of courts of Tanzania.

   178.   Power of the High Court to inquire into and try offences.

   179.   Place and date of sessions of the High Court.

   180.   Ordinary place of inquiry and trial.

   181.   Trial at place where act done or where consequence of offence ensued.

   182.   Trial where offence is connected with another offence.

   183.   Trial where place of offence is uncertain.

   184.   Offence committed on a journey.

   185.   High Court may decide appropriate court in cases of doubt.

   186.   Court to be open court.

   187.   Exclusion of children from attending court proceedings.

   188.   Court may prohibit publication of names, etc., of parties or witnesses.

(b) Transfer of Cases

   189.   Transfer of case where offence committed outside jurisdiction.

   190.   Transfer of cases between magistrates.

   191.   Power of High Court to change venue.

(c) Accelerated Trial and Disposal of Cases

   192.   Preliminary hearing to determine matters not in dispute.

   193.   Person charged with warrant offence may plead guilty without court appearance.

   194.   Procedure where accused desires to plead guilty to a non-warrant offence or intends to rely on defence of an alibi.

C. - Examination of Witnesses

(a) General Provisions

   195.   Power to summon material witness or examine person present.

   196.   Evidence to be taken in presence of accused.

   197.   Evidence may be given in absence of accused in certain cases.

   198.   Evidence to be given on oath.

   199.   Refractory witness.

   200.   Procedure where accused is the only witness called for defence.

   201.   Right of reply.

   202.   Certificate regarding the preparation of photographic prints, etc., receivable in evidence.

   203.   Report of Government analyst.

   204.   Report of fingerprint expert.

   205.   Report of handwriting expert.

(b) Issue of Commission for Examination of Witnesses

   206.   Issue of commission.

   207.   Parties may examine witnesses.

   208.   Return of commission.

   209.   Adjournment of proceedings.

(c) Taking and Recording of Evidence

   210.   Manner of recording evidence before magistrate.

   211.   Interpretation of evidence to accused or his advocate.

   212.   Remarks respecting demeanour of witness.

   213.   Procedure in case of minor offences.

   214.   Conviction or committal where proceedings heard partly by one magistrate and partly by another.

   215.   Manner of recording evidence in the High Court.

D. - Procedure in Case of the Insanity or Incapacity of an Accused Person

   216.   Prosecutor to give or adduce evidence before inquiry by court as to insanity of accused.

   217.   Procedure when accused certified as capable of making defence.

   218.   Resumption of trial or inquiry.

   219.   Defence of insanity at trial.

   220.   Court's power to inquire into insanity.

   221.   Procedure when accused does not understand proceedings.

PART VII
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS

(a) Provisions relating to the Hearing and Determination of Cases

   222.   Non-appearance of complainant at hearing.

   223.   Appearance of both parties.

   224.   Withdrawal of complaint.

   224A.   Abatement of trial in subordinate courts.

   225.   Adjournment and remand of accused.

   226.   Non-appearance of parties after adjournment.

   227.   Accused may be convicted and sentenced notwithstanding his absence.

   228.   Accused to be called upon to plead.

   229.   Procedure on plea of "not guilty".

   230.   Discharge of accused person when no case to answer.

   231.   Defence.

   232.   Evidence in reply.

   233.   Order of speeches.

   234.   Variance between charge and evidence and amendment of charge.

   235.   Decision.

   236.   Evidence relative to proper sentences or order.

   237.   Taking other offences into consideration.

   238.   Drawing conviction or acquittal orders.

   239.   Order of dismissal of further charges.

   240.   Statements by medical witnesses.

(b) Limitations and Exceptions Relating to Trials Before Subordinate Courts

   241.   Limitation of time for summary trials in certain cases.

   242.   Procedure in case of offence proving unsuitable for summary trial.

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

   243.   Power to commit for trial.

   244.   Courts to hold committal proceedings.

   245.   Procedure on arrest.

   246.   Committal for trial by court.

   247.   Witnesses for prosecution and defence.

   248.   Adjournment of proceedings.

   249.   Accused entitled to copy of proceedings.

   250.   Court may bind witness to appear at trial.

   251.   Refusal to be bound over.

(b) Preservation of Testimony in Certain Cases

   252.   Taking deposition of person dangerously ill or unable to attend trial.

   253.   Notice to be given.

   254.   Opportunity for cross-examination and transmission of statements.

   255.   Use of statements in evidence.

(c) Proceedings after Committal for Trial.

   256.   Transmission of records to the High Court.

   256A.   Trial by a resident magistrate with extended jurisdiction.

   257.   Notice of trial.

   258.   Copy of information and notice of trial to be served.

   259.   Returns of service.

   260.   Postponement of trial.

   261.   Information to be signed by Director of Public Prosecutions.

   262.   Form of information.

   263.   Witnesses to be summoned.

PART VIII
PROCEDURE IN TRIALS BEFORE THE HIGH COURT

(a) Practice and the Mode of Trial

   264.   Practice of the High Court in its criminal jurisdiction.

   265.   Trial before High Court to be with aid of assessors.

(b) Assessors

   266.   Liability to serve as assessor.

   267.   Exemptions.

   268.   No exemption by sex or marriage from liability to serve as assessor.

(c) Attendance of Assessors

   269.   Summoning of assessors.

   270.   Form of summons.

   271.   Objections to summons to serve as assessor.

   272.   Excuses from attendance.

   273.   List of assessors attending.

   274.   Penalty for non-attendance of assessors.

(d) Arraignment

   275.   Pleading to information.

   276.   Orders for amendment of information, separate trial and postponement of trial.

   277.   Quashing of information.

   278.   Procedure in case of previous convictions.

   279.   Plea of "not guilty".

   280.   Plea of autrefois acquit and autrefois convict.

   281.   Refusal to plead.

   282.   Plea of "guilty".

   283.   Proceedings after plea of "not guilty".

   284.   Power to postpone or adjourn proceedings.

   284A.   Abatement of trial before the High Court.

(e) Selection of Assessors

   285.   Selection of assessors.

   286.   Absence of assessor.

   287.   Assessors to attend at adjourned sittings.

(f) Case for the Prosecution

   288.   Opening case for prosecution.

   289.   Additional witnesses for prosecution.

   290.   Cross-examination of witnesses for the prosecution.

   291.   Statements by medical witnesses.

   292.   Statement of evidence of accused.

   293.   Close of case for prosecution.

(g) Case for the Defence

   294.   Case for the defence.

   295.   Additional witnesses for the defence.

   296.   Prosecutor's reply.

   297.   Where accused person does not give evidence.

(h) Close of Hearing

   298.   Delivery of opinion by assessors and giving of judgment.

   299.   Conviction where proceedings heard partly by one judge and partly by another.

PART IX
CONVICTIONS, JUDGMENT, SENTENCES AND THEIR EXECUTION IN THE SUBORDINATE COURTS AND HIGH COURT

A. - Miscellaneous Provisions Relating to Convictions

   300.   When offence proved is included in offence charged.

   301.   Person charged with an offence may be convicted of attempt.

   302.   Alternative verdicts in various charges involving the homicide of children.

   303.   Alternative verdicts under Road Traffic Act in certain manslaughter cases.

   304.   Alternative verdicts in charges of rape and kindred offences.

   305.   Person charged with burglary, etc., may be convicted of kindred offence.

   306.   Alternative verdicts in charges of stealing and kindred offences.

   307.   Alternative verdicts in charges of being in possession of property suspected of having been corruptly acquired.

   308.   Construction of sections 300 to 307.

   309.   Person charged with a warrant offence not to be acquitted if a non-warrant offence proved.

   310.   Right of an accused to be defended.

B. - Judgment Generally

   311.   Mode of delivering judgment.

   312.   Content of judgment.

   313.   Copy of judgment, etc., to be given to the accused or any interested party on application.

C. - Sentences

(a) Passing Sentence in the High Court

   314.   Calling upon the accused.

   315.   Motion in arrest of judgment.

   316.   Sentence.

   317.   Power to reserve decisions on questions raised at trial.

   318.   Power to reserve questions arising in the course of trial.

   319.   Objections cured by judgment.

   320.   Evidence for arriving at proper sentence.

   321.   Taking other offences into consideration.

(b) Sentence of Death

   322.   Sentence of death.

   323.   Accused to be informed of right of appeal.

   324.   Authority for detention.

   325.   Report and record to be sent to President.

(c) Other Sentences

   326.   Conditional discharge.

(d) Execution of Sentences

   327.   Warrant in case of sentence of imprisonment.

   328.   Warrant for levy of fine.

   329.   Objections to attachment.

   330.   Suspension of execution of sentence of imprisonment in default of fine.

   331.   Commitment for warrant of distress.

   332.   Commitment in lieu of distress.

   333.   Payment in full after commitment.

   334.   Part payment after commitment.

   335.   Who may issue warrant.

   336.   Limitation of imprisonment after commitment.

D. - Miscellaneous Provisions in Dealing with Offenders

(a) First Offenders

   337.   Power to release upon probation instead of sentencing to punishment.

   338.   Provisions in case of offender failing to observe conditions of his recognisance.

   339.   Conditions as to abode of offender.

   339A.   Release of offender on community service.

   340.   Sections 337, 338 and 339 not to apply in certain circumstances.

(b) Offenders with Previous Conviction

   341.   Power to subject to police supervision.

   342.   Requirements from person subject to police supervision.

   343.   Failure to comply with requirements under section 342.

(c) Defects in Order or Warrant

   344.   Errors and omissions in orders and warrants.

E. - Miscellaneous Powers of the Court to order Compensation, Costs, Forfeiture, etc.

(a) Costs and Compensation

   345.   Costs against accused.

   346.   Order to pay costs appealable.

   347.   Compensation in case of frivolous or vexatious charge.

   348.   Power to order accused to pay compensation.

   348A.   Compensation in cases of sexual offences.

   349.   Costs and compensation to be specified in order, and how recoverable.

   350.   Power of courts to award expenses or compensation out of fine.

(b) Forfeiture

   351.   Power to order forfeiture of property.

   352.   Warrant of search for forfeited or confiscated articles.

(c) Disposal of Exhibits

   353.   Disposal of exhibits.

   354.   Disposal of obscene or defamatory publications or noxious or adulterated food, etc.

   355.   Person dispossessed of property may have it restored.

   356.   Public officer connected with the sale of property not to purchase or bid for the property.

F. - Restitution of Property

   357.   Property found on accused person.

   358.   Property stolen.

PART X
APPEALS

(a) Appeals Generally

   359.   Appeal to High Court.

   360.   No appeal on a plea of guilty.

   361.   Limitation.

   362.   Petition of appeal.

   363.   Appellant in prison.

   364.   Summary rejection of appeal.

   365.   Notice of time and place of hearing.

   366.   Powers of High Court on appeal and right of appellant to appear.

   367.   Order of High Court to be certified to lower court.

   368.   Suspension of sentences and admission to bail pending appeal.

   369.   Further evidence.

   370.   Number of judges on appeal by appellant.

   371.   Withdrawal of appeal.

   371A.   Abatement of appeal on death of appellant.

(b) Revision

   372.   Power of High Court to call for records.

   373.   Power of High Court on revision.

   374.   Discretion of Court as to hearing parties.

   375.   Number of judges on revision.

   376.   High Court order to be certified to lower court.

(c) Appeals by Director of Public Prosecutions

   377.   Interpretation.

   378.   Appeals by Director of Public Prosecutions.

   379.   Limitation.

   380.   Petition of appeal.

   381.   Notice of time and place of hearing.

   382.   Director of Public Prosecutions may address court.

   383.   Non-attendance of parties.

   384.   Further evidence.

   385.   Number of judges on appeal by D.P.P.

   386.   Withdrawal of appeal by Director of Public Prosecutions.

   386A.   Abatement of appeal on death of respondent.

PART XI
SUPPLEMENTARY PROVISIONS

(a) Irregular Proceedings

   387.   Proceedings in wrong place.

   388.   Finding or sentence, when reversible by reason of error or omission in charge or other proceedings.

   389.   Distress not illegal nor distrainer a trespasser for defect or want of form in proceedings.

(b) Directions in the Nature of Habeas Corpus and Writs

   390.   Power to issue directions of the nature of habeas corpus.

   391.   Power of High Court to issue writs.

(c) Miscellaneous

   392.   Persons before whom affidavits may be sworn.

   393.   Copies of proceedings.

   394.   Forms.

   395.   Expenses of assessors, witnesses, etc.

   396.   [Repealed.]

SCHEDULES

CHAPTER 20
THE CRIMINAL PROCEDURE ACT

An Act to provide for the procedure to be followed in the investigation of crimes and the conduct of criminal trials and for other related purposes.

[1st November, 1985]
[G.N. No. 375 of 1985]

Acts Nos.
9 and 12 of 1987
5 and 13 of 1988
10 of 1989
4 and 27 of 1991
19 of 1992
5 of 1993
32 of 1994
2, 9 and 17 of 1996
4 and 12 of 1998
5 and 9 of 2002
6 of 2008

PART I
PRELIMINARY PROVISIONS (ss 1-4)

1.   Short title

   This Act may be cited as the Criminal Procedure Act.

2.   Interpretation

   In this Act, unless the context requires otherwise–

   "adult" means a person of or above the age of sixteen years;

   "arrestable offence" means an offence for which a police officer may, in accordance with the First Schedule to this Act or under any written law for the time being in force, arrest without warrant;

   "child" means a person who has not attained the age of sixteen;

   "committal proceedings" means proceedings held by a subordinate court with a view to the committal of an accused person to the High Court;

   "complainant" in a private prosecution, means the private prosecutor or the person making the complaint before the court and, in all public prosecutions, means the person presenting the case on behalf of the Republic before the court;

   "complaint" means an allegation that some person known or unknown, has committed an offence;

   "juvenile" means a person under the age of sixteen years;

   "Minister" means the Minister for the time being responsible for legal affairs;

   "non-warrant offence" means an offence for which a police officer may arrest without a warrant;

   "officer in charge of a police station" includes any officer superior in rank to an officer in charge of a police station and also includes, when the officer in charge of the police station is absent from the station house or unable from illness or other cause to perform his duties, the police officer present at the station house who is next in rank to that officer and is above the rank of constable or, when the Minister for the time being, responsible for home affairs so directs, any police officer so present;

   "police officer" includes any member of the police force and, any member of the people's militia when exercising police functions in accordance with the law for the time being in force;

   "public prosecutor" means any person appointed under section 95 and includes the Director of Public Prosecutions, the Attorney-General, the Deputy-Attorney General, a Parliamentary Draftsman, a State Attorney and any other person acting in criminal proceedings under the directions of the Director of Public Prosecutions;

   "subordinate court" means any court, other than a court martial, which is subordinate to the High Court;

   "summary trial" means a trial held by a subordinate court under Part VII of this Act;

    "Village Council" means a Village Council established under section 22 of the Local Government (District Authorities) Act *;

   "warrant offence" means an offence for which a police officer may not arrest without warrant.

3.   Limitation of application Act No. 5 of 1998 s. 2">

   (1) Subject to subsection (2), nothing in this Act shall apply to any primary court or primary court magistrate or to the High Court, a district court or a resident magistrate in the exercise of their respective appellate, revisional, supervisory, or other jurisdiction and powers under Part III of the Magistrates' Courts Act *.

   (2) Notwithstanding the provisions of subsection (1)–

   (a)   the reference to a court in sections 27, 29, 30, 32 and 141 and the reference to a subordinate court in section 242 shall include reference to a primary court;

   (b)   the reference to a magistrate in section 36 and sections 70 to 88 shall include a reference to a primary court magistrate;

   (c)   the Director of Public Prosecutions and any person lawfully authorised by him, may exercise any of the powers conferred on him by sections 90 and 91 in respect of proceedings in a primary court and proceedings in the High Court or a district court under Part III of the Magistrates' Courts Act *; but nothing in this paragraph shall be construed as derogating from the provisions of section 29 of the Magistrates' Courts Act *;

   (d)   sections 137, 138, 139, 140 and 141 shall apply to, and the High Court may exercise jurisdiction under section 148(3), 149, 348 and 349 in respect of primary courts.

   (3) In this section "primary court", "district court" and "resident magistrate's court" have the meanings respectively assigned to those expressions in the Magistrates' Courts Act *.

4.   Procedure to be adopted for trial of offences

   (1) All offences under the Penal Code * shall be inquired into, tried and otherwise dealt with according to the provisions of this Act.

   (2) All offences under any other law shall be inquired into, tried and otherwise dealt with according to the provisions of this Act, except where that other law provides differently for the regulation of the manner or place of investigation into, trial or dealing in any other way with those offences.

PART II
PROCEDURE RELATING TO CRIMINAL INVESTIGATIONS (ss 5-69)

A. - Arrest, Escape and Recapture, Search Warrants and Seizure (ss 5-45)

(a) Preliminary Provisions (ss 5-10)

5.   When person is under restraint and in lawful custody

   (1) For the purposes of this Act, a person shall be under restraint if he is in the company of a police officer for a purpose connected with the investigation of an offence and the police officer would not allow him to leave if he wished to do so, whether or not the police officer has reasonable grounds for believing that that person has committed an offence, and whether or not he is in lawful custody in respect of the offence.

   (2) For the purposes of this Act, a person shall be in lawful custody if he is under restraint–

   (a)   as a result of his having been lawfully arrested; or

   (b)   in respect of an offence and the police officer–

      (i)   believes on reasonable grounds that he has committed the offence; and

      (ii)   would be authorised under section 14 to arrest him for the offence.

   (3) A person shall not be under restraint if he is in the company of a police officer by the roadside whether or not he is in a vehicle, for a purpose connected with the investigation of an offence, not being a serious offence, arising out of the use of a motor vehicle.

   (4) For the purposes of this section, a person shall be deemed to be in the company of a police officer for a purpose connected with the investigation of an offence if the person is waiting at a place at the request of a police officer for that purpose.

6.   Application of this Part to police officers

   (1) Every police officer shall, in exercising the powers conferred on him and in performing the duties imposed on him as a police officer, comply with the provisions of this Part.

   (2) Where a police officer contravenes or fails to comply with a provision of this Part which is applicable to him, the contravention or failure shall not be punishable as an offence against this Act unless a penalty is expressly provided in respect of the contravention or failure.

   (3) Nothing in this section shall be construed as a contravention of, or a failure to comply with, a provision of this Part by a police officer–

   (a)   constituting, under the Police Force and Auxiliary Services Act *, a breach of discipline by the police officer for which he may be dealt with under that Act;

   (b)   constituting grounds for the exclusion of evidence under section 169; or

   (c)   constituting grounds for the institution of civil proceedings.

7.   Duty to give information on crimes and sudden deaths

   (1) Every person who is or becomes aware–

   (a)   of the commission of or the intention of any other person to commit any offence punishable under the Penal Code; or

   (b)   of any sudden or unnatural death or death by violence or of any death under suspicious circumstances or of the body of any person being found dead without it being known how that person died,

shall forthwith give information to a police officer or to a person in authority in the locality who shall convey the information to the officer in charge of the nearest police station.

   (2) No criminal or civil proceedings shall be entertained by any court against any person for damages resulting from any information given by him in pursuance of subsection (1).

   (3) When any person dies while in the custody of the police or in a mental hospital, leprosarium, home for the disabled or prison, the officer who had the custody of that person or was in charge of that place shall forthwith give information regarding the death to a coroner of the court within whose jurisdiction the body is found and that coroner or person authorised by him shall view the body and hold an inquiry into the cause of death, subject to any law for the time being in force governing such inquiries.

8.   Inquiries into deaths

   All inquiries into sudden deaths or other deaths reported under section 7 shall be carried out by such persons as are authorised under, and in such manner as is provided for by, the Inquests Act *.

9.   Information relating to the commission of an offence to be given orally or in writing Act No. 9 of 2002 Sch.">

   (1) Information relating to the commission of an offence may be given orally or in writing to a police officer or to any other person in authority in the locality concerned.

   (2) Any information under subsection (1) shall be recorded in the manner provided in subsection (3) of section 10.

   (3) Where in pursuance of any information given under this section proceedings are instituted in a magistrate's court, the magistrate shall, if the person giving the information has been named as a witness, cause a copy of the information and of any statement made by him under subsection (3) of section 10, to be furnished to the accused forthwith.

   (4) Any information given under this section by any person may be used in evidence in accordance with the provisions of the law for the time being in force relating to the procedure for the adduction and reception of evidence in relation to the proceedings in respect of the offence concerned.

10.   Investigation by police officer

   (1) If from the information received or in any other way a police officer has reason to suspect the commission of an offence or to apprehend a breach of the peace he shall, where necessary, proceed in person to the place to investigate the facts and circumstances of the case and to take such measures as may be necessary for the discovery and arrest of the offender where the offence is one for which he may arrest without warrant.

   (2) Any police officer making an investigation may by order in writing require the attendance before himself of any person living within the limits of the station of that police officer or any adjoining station, who, from information given or in any other way appears to be acquainted with the circumstances of the case, or who is in possession of a document or any other thing relevant to investigation of the case to attend or to produce such document or any other thing, and that person shall attend and produce a certified copy of the document or any other thing as so required:

   Provided that where a police officer receives any certified copy of a document or any other thing he shall issue to the person from whom he received such document or that thing a receipt thereof.

   (2A) Any person summoned to attend or to produce a document or any other thing relevant to investigation of the case under subsection (2), who refuses or wilfully neglects so to do or who being a witness at such investigation refuses to answer any question put to him or to produce any document or any other thing relevant to investigation commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or both.

   (3) Any police officer making an investigation may, subject to the other provisions of this Part, examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined. The whole of the statement, including any question in clarification asked by the police officer and the answer to it, shall be recorded in full in Kiswahili or in English or in any other language in which the person is examined, and the record shall be shown or read over to him or if he does not understand the language in which it is written it shall be interpreted to him in a language he understands and he shall be at liberty to explain or add to his statement. He shall then sign that statement immediately below the last line of the record of that statement and may call upon any person in attendance to sign as a witness to his signature. The police officer recording the statement shall append below each statement recorded by him the following certificate:

   "I.............., hereby declare that I have faithfully and accurately recorded the statement of the above-named.................".

   (4) It shall be the duty of a police officer before examining a person to inform him that he is bound to answer truly all questions relating to the case put to that person by him and that he may not decline to answer any question on the grounds only that the question has a tendency to expose him to a criminal charge, penalty or forfeiture.

   (5) A police officer or person in authority shall not offer or make or cause to be offered or made any inducement, threat or promise to any person charged with an offence to induce him to make any statement with reference to the charge against him. But no police officer or person in authority shall prevent or discourage by any caution or in any other way any person from making, in the course of any investigation, any statement which he may be disposed to make of his own free will.

   (6) A statement by any person to a police officer in the course of any investigation may be used in accordance with the provisions of the law for the time being in force relating to the procedure for the adduction and reception of evidence, but not for the purpose of corroborating the testimony of that person in court.

   (7) In any proceedings under this Act, the production of a certified copy of the information referred to in section 9 or of any statement recorded under this section shall be prima facie evidence of the fact that the information was given or that the statement was made to the police officer by whom it was recorded; and notwithstanding the provisions of any other written law, it shall not be necessary to call that police officer as a witness solely for the purpose of producing the certified copy.

(b) Arrests and Warrant of Arrest (ss 11-33)

11.   Arrest, how made

   (1) In making an arrest the police officer or other person making the arrest shall actually touch or confine the body of the person being arrested unless there be a submission to the custody by word or action.

   (2) If the person to be arrested forcibly resists the endeavour to arrest him, or attempts to evade the arrest, the police officer or other person may use all means necessary to effect the arrest.

12.   No unnecessary restraint

   The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

13.   Warrant for arrest

   (1) Where information under oath is laid before a magistrate, Ward Secretary or a Secretary of a Village Council, alleging that there are reasonable grounds for believing that a person has committed an offence–

   (a)   the magistrate, the Ward Secretary or the Secretary of a Village Council, as the case may be, if the person is not then under restraint, but subject to subsection (3), may issue a warrant for the arrest of the person and for bringing him before a court specified in the warrant to answer to the information and to be further dealt with according to law; or

   (b)   the magistrate, the Ward Secretary or the Secretary of a Village Council, as the case may be, may issue a summons requiring the person to appear before a court to answer to the information.

   (2) At any time after a magistrate, Ward Secretary or Secretary of a Village Council has issued a summons requiring a person to appear before a court to answer to an information under subsection (1) and before the summons has been duly served on the person, the Magistrate, Ward Secretary or Secretary of the Village Council, as the case may be, subject to subsection (3), issue a warrant for the arrest of the person and for bringing him before a court specified in the warrant to answer to the information and to be further dealt with according to law.

   (3) A warrant shall not be issued under subsection (1) or (2) in relation to an information unless–

   (a)   an affidavit has been furnished setting out the grounds on which the issue of the warrant is being sought;

   (b)   the informant or some other person furnishes such further information as the magistrate, Ward Secretary or Secretary of the Village Council requires concerning the grounds on which the issue of the warrant is being sought; or

   (c)   the magistrate, Ward Secretary or Secretary of the Village Council is satisfied that there are reasonable grounds for issuing the warrant.

   (4) Where an informant furnishes information to a magistrate, Ward Secretary or Secretary of the Village Council for the purposes of subsection (3)(b) he shall furnish the information under oath.

   (5) Where the magistrate, Ward Secretary or Secretary of the Village Council issues a warrant under subsection (1), he shall state on the affidavit furnished to him in accordance with subsection (3) which of the grounds (if any) specified in that affidavit and particulars of any other grounds on which he has relied to justify the issue of the warrant.

14.   Arrest by police officer without warrant

   A police officer may without a warrant arrest–

   (a)   any person who commits a breach of the peace in his presence;

   (b)   any person who wilfully obstructs a police officer while in the execution of his duty, or who has escaped or attempts to escape from lawful custody;

   (c)   any person in whose possession anything is found which may reasonably be suspected to be stolen property or who may reasonably be suspected of having committed an offence with reference to such thing;

   (d)   any person whom he finds lying or loitering in any highway, yard or garden or other place during the night and whom he suspects upon reasonable grounds of having committed or being about to commit an offence or who has in his possession without lawful excuse any offensive weapon or housebreaking implement;

   (e)   any person for whom he has reasonable cause to believe a warrant of arrest has been issued;

   (f)   any person whom he suspects upon reasonable grounds of having been concerned in any act committed at any place out of Tanzania which, if committed in Tanzania, would have been punishable as an offence, and for which he is, under the Extradition Act *, or otherwise, liable to be apprehended and detained in Tanzania;

   (g)   any person who does any act which is calculated to insult the national emblem or the national flag;

   (h)   any person whom he suspects of being a loiterer.

   (3) Where a person who has been arrested for an offence in accordance with subsection (1) or (2) is being held under restraint in connection with an investigation of the offence but has not been charged with the offence, it shall be lawful to continue to hold the person under restraint for so long only as the police officer in charge of the investigation believes on reasonable grounds that it is necessary to hold him under restraint for any one or more of the reasons specified in subsections (1) and (2).

15.   Procedure when police officer deputes subordinate to arrest without warrant

   When any officer in charge of a police station requires any officer subordinate to him to arrest without a warrant (otherwise than in such officer's presence) any person who may lawfully be arrested without a warrant under section 14, he shall deliver to the officer required to make the arrest an order in writing specifying the person to be arrested and the offence or other cause for which the arrest is to be made.

16.   Arrest by private persons

   (1) Any private person may arrest any person who in his presence commits any of the offences referred to in section 14.

   (2) A person found committing an offence involving injury to property may be arrested without a warrant by the owner of the property or his servants or a person authorised by the owner of the property.

17.   Arrest by magistrate

   Any magistrate may at any time arrest or issue a warrant directing the arrest of any person whom he reasonably believes has committed an offence within the local limits of his jurisdiction.

18.   Magistrate may arrest person for an offence committed in his presence

   When any offence is committed in the presence of a magistrate within the local limits of his jurisdiction he may himself arrest or order any person to arrest the offender and may, subject to the provisions of this Act relating to the granting of bail, commit the offender to custody.

19.   Right of entry into any place in order to effect arrest

   (1) If any person acting under a warrant of arrest or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into or is within any house or place, that person or police officer shall demand of the person residing in or being in charge of the house or place admission into that house or place, and the person residing in or in charge of it shall allow him free entry into and afford all reasonable facilities for a search, within that house or place.

   (2) If entry into that house or place cannot be obtained under subsection (1), it shall be lawful in any case for a person acting under a warrant, and in any case in which a warrant may issue but cannot be obtained without affording the person to be arrested an opportunity to escape, for a police officer, to enter the house or place and search within it and, in order to effect entry, to break any outer or inner door or window whether that of the person to be arrested or of any other person or otherwise effect entry into such house or place, if after notification of his authority and purpose and demand of admittance duly made, he cannot otherwise obtain admittance, subject to subsection (3).

   (3) If any such house or place is in an apartment in the actual occupancy of a woman (not the person to be arrested) who, according to custom, does not appear in public, the person or police officer shall, before entering the apartment, give notice to the woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.

20.   Power to break out of any place for purposes of liberation

   Any police officer or other person authorised to make an arrest may break out of any place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained inside the place.

21.   Use of force in making arrest

   (1) A police officer or other person shall not, in the course of arresting a person, use more force or subject the person to greater indignity than is necessary to make the arrest or to prevent the escape of the person after he has been arrested.

   (2) Without limiting the application of subsection (1), a police officer shall not, in the course of arresting a person, do an act likely to cause the death of that person, unless the police officer believes on reasonable grounds that the doing of that act is necessary to protect life or to prevent serious injury to some other person.

22.   Certain arrests not to be taken to be unlawful

   Where a person who arrests another person for an offence otherwise than in pursuance of a warrant but in circumstances referred to in section 16, the arrest shall not be taken to be unlawful by reason only that it subsequently appears, or is found by a court, that the other person did not commit the offence.

23.   Person to be informed of grounds of arrest

   (1) A person who arrests another person shall, at the time of the arrest, inform that other person of the offence for which he is arrested.

   (2) A person who arrests another person shall be taken to have complied with subsection (1) if he informs the other person of the substance of the offence for which he is arrested; and it is not necessary for him to do so in a language of a precise or technical nature.

   (3) Subsection (1) does not apply to or in relation to the arrest of a person–

   (a)   if, by reason of the circumstances in which he is arrested, that person ought to know the substance of the offence for which he is arrested; or

   (b)   if by reason of his actions the person arrested makes it impracticable for the person effecting the arrest to inform him of the offence for which he is arrested.

24.   Search of arrested person

   Whenever a person is arrested–

   (a)   by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; or

   (b)   without a warrant, or by a private person under a warrant, and the person arrested cannot legally be admitted to bail or cannot furnish bail, the police officer making the arrest or, when the arrest is made by a private person, the police officer to whom that private person makes over the person arrested, may search such person and place in safe custody all articles, other than necessary wearing apparel, found upon him.

25.   Power of the police to detain and search vehicles, etc.

   (1) Subject to the provisions of sections 50 and 51 of this Act, any police officer may do any or all of the following things namely, stop, search and detain–

   (a)   any vessel, boat, aircraft or vehicle in or upon which there is reasonable cause to suspect that there are–

      (i)   any stolen goods;

      (ii)   any things used or intended to be used in the commission of an offence;

      (iii)   without lawful excuse, any offensive weapons, an article of disguise or any article prohibited under any law;

   (b)   any person who is reasonably suspected of having or conveying in any manner any of the articles mentioned in paragraph (a).

   (2) Subject to the provisions of subsection (3), if at the expiry of the time referred to in section 50 for interviewing a person no application for extension of time is made or if the application is made and refused, the vessel, boat, aircraft, vehicle, or the person, as the case may be, shall be released and in the case of the latter, any goods seized from him shall be restored to him.

   (3) Where the time for interviewing a person is extended pursuant to an appropriate application referred to in subsection (2), a magistrate shall, where it is necessary, order that any vessel, boat, aircraft or vehicle be detained in order to facilitate further investigation or for use as an exhibit in court proceedings.

26.   Mode of searching women

   Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

27.   Power to seize offensive weapons

   A police officer or other person making an arrest may take from the person arrested any offensive weapons which he has about his person, and shall deliver to the court or officer before which or whom the officer or person making the arrest is required by law to produce the person arrested all weapons taken.

28.   Arrest of vagabonds, habitual robbers, etc.

   Any officer in charge of a police station may in like manner arrest or cause to be arrested–

   (a)   any person found taking precautions to conceal his presence within the limits of the station under circumstances which afford reason to believe that he is taking such precautions with a view to committing an arrestable offence;

   (b)   any person within the limits of the station who has no ostensible means of subsistence or who cannot give satisfactory account of himself;

   (c)   any person who is by repute a habitual robber, housebreaker, or thief or a habitual receiver of stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to commit extortion habitually puts or attempts to put persons in fear of injury.

29.   Refusal to give name and residence

   (1) When any person who in the presence of a police officer has committed or has been accused of committing a warrant offence refuses on the demand of the officer to give his name and residence, or gives a name or residence which the officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.

   (2) When the true name and residence of the person have been ascertained he shall be released on his executing a bond, with or without sureties, to appear before a court if so required; but if such person is not resident in Tanzania the bond shall be secured by a surety or sureties resident in Tanzania.

   (3) Should the true name and residence of that person not be ascertained within twenty-four hours from the time of arrest, or should he fail to execute the bond or, if so required, to furnish sufficient sureties, he shall forthwith be taken to a court having jurisdiction.

30.   Disposal of persons arrested by police officer

   A police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail take or send the person arrested before a court having jurisdiction in the area of the police station.

31.   Disposal of persons arrested by private persons Act No. 5 of 1988 s. 3">

   (1) Any private person arresting a person without a warrant shall without unnecessary delay hand over the person so arrested to a police officer or to the nearest police station or, in the absence of either, to the Ward Secretary or the Secretary of the Village Council for the area where the arrest is made.

   (2) If there is no reason to believe that the provisions of section 14, do not apply to the person arrested, a police officer shall re-arrest him.

   (3) If there is reason to believe that the person arrested has committed a warrant offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which the officer has reason to believe to be false, he shall be dealt with under the provisions of section 29; but if there is no sufficient reason to believe that he has committed any offence he shall be at once released.

32.   Detention of persons arrested

   (1) When any person has been taken into custody without a warrant for an offence other than an offence punishable with death, the officer in charge of the police station to which he is brought may, in any case, and shall if it does not appear practicable to bring him before an appropriate court within twenty-four hours after he was so taken into custody, inquire into the case and, unless the offence appears to that officer to be of a serious nature, release the person on his executing a bond with or without sureties, for a reasonable amount to appear before a court at a time and place to be named in the bond; but where he is retained in custody he shall be brought before a court as soon as practicable.

   (2) Where any person has been taken into custody without a warrant for an offence punishable with death, he shall be brought before a court as soon as practicable.

   (3) Where any person is arrested under a warrant of arrest he shall be brought before a court as soon as practicable.

   (4) Notwithstanding anything contained in subsections (1), (2) and (3), an officer in charge of a police station may release a person arrested on suspicion of committing any offence if after due police inquiry insufficient evidence is, in his opinion, disclosed on which to proceed with a charge.

33.   Police to report apprehensions

   An officer in charge of a police station shall report to the nearest magistrate, within twenty-four hours or as soon as practicable, the cases of all persons arrested without a warrant within the limits of his station, whether or not such persons have been admitted to bail.

(c) Escape and Retaking (ss 34-37)

34.   Recapture of persons escaping

   If a person in lawful custody escapes or is rescued, the person from whose custody he escapes or is rescued may immediately pursue and arrest him in any place in Tanzania.

35.   Provisions of sections 19 and 20 apply to arrest under section 34

   The provisions of sections 19 and 20 shall apply to arrests under section 34 although the person making any such arrest is arrest is not acting under a warrant and is not a police officer having authority to arrest.

36.   Duty to assist magistrate or police officer in prevention of escape of arrested person

   Every person is bound to assist a magistrate or police officer reasonably demanding his aid–

   (a)   in taking or preventing the escape of any person whom the magistrate or police officer is authorised to arrest; or

   (b)   in the prevention or suppression of a breach of the peace, or in the prevention of any injury attempted to be committed to any railway, canal, telegraph or other public property.

37.   Compensation for injuries, losses or death resulting from assisting police, etc.

   (1) Where any person suffers material loss or personal injury, or dies in consequence of taking steps or in the cause of assisting a magistrate, a police officer or any other officer of the law to stop the commission of an offence or in arresting a person who has or is reasonably suspected to have committed an offence, he shall be entitled to receive compensation for the loss or injury and where he dies, his dependants or legal representative shall be entitled to receive the compensation that person would have received had he not died.

   (2) The amount of compensation to be paid under subsection (1) shall be assessed, and all other matters regarding the payment of compensation shall be dealt with, in accordance with the provisions of the law for the time being in force regarding the payment of compensation to victims of crime.

   (3) Any compensation to be paid under this section shall be paid in such manner and out of such funds as may be prescribed by the law referred to in subsection (2).

(d) Search Warrants and Seizure (ss 38-45)

38.   Power to issue search warrant or authorise search Acts Nos. 5 of 1988 s. 4; 5 of 1993 Sch.">

   (1) If a police officer in charge of a police station is satisfied that there is reasonable ground for suspecting that there is in any building, vessel, carriage, box, receptacle or place–

   (a)   anything with respect to which an offence has been committed;

   (b)   anything in respect of which there are reasonable grounds to believe that it will afford evidence as to the commission of an offence;

   (c)   anything in respect of which there are reasonable grounds to believe that it is intended to be used for the purpose of committing an offence,

and the officer is satisfied that any delay would result in the removal or destruction of that thing or would endanger life or property, he may search or issue a written authority to any police officer under him to search the building, vessel, carriage, box, receptacle or place as the case may be.

   (2) When an authority referred to in subsection (1) is issued, the police officer concerned shall, as soon as practicable, report the issue of the authority, the grounds on which it was issued and the result of any search made under it to a magistrate.

   (3) Where anything is seized in pursuance of the powers conferred by subsection (1) the officer seizing the thing shall issue a receipt acknowledging the seizure of that thing, being the signature of the owner or occupier of the premises or his near relative or other person for the time being in possession or control of the premises, and the signature of witnesses to the search, if any.

   (4) Whoever, being empowered by law to order, authorise or conduct the search or any person, place, building, vessel, carriage or receptacle, vexatiously and without having reasonable grounds for doing, orders, authorises or conducts such search is guilty of an offence and upon conviction is liable to a fine not exceeding three thousand shillings or imprisonment for a term not exceeding one year.

   (5) No prosecution against any person for an offence under subsection (4) shall be instituted except with the written consent of the Director of Public Prosecutions.

39.   Things connected with an offence

   For the purposes of this Part–

   (a)   anything with respect to which an offence has been or is purported on reasonable grounds to have been committed;

   (b)   anything as to which there are reasonable grounds for believing that it will afford evidence of the commission of any offence; and

   (c)   anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing any offence,

shall be deemed to be a thing connected with the offence.

40.   Execution of search warrant

   A search warrant may be issued and executed on any day (including Sunday) and may be executed between the hours of sunrise and sunset but the court may, upon application by a police officer or other person to whom it is addressed, permit him to execute it at any hour.

41.   Search and seizure

   A police officer may search the person or the clothing that is being worn by, or property in the immediate control of, a person and may seize any thing relating to an offence that is found in the course of the search, if the search and seizure is made by the police officer–

   (a)   in pursuance of a warrant issued under this Part;

   (b)   in accordance with section 24 upon taking the person into lawful custody in respect of an offence;

   (c)   upon stopping the person in accordance with subsection (2) of section 42;

   (d)   in pursuance of an order made by a court.

42.   Searches in emergencies

   (1) A police officer may–

   (a)   search a person suspected by him to be carrying anything concerned with an offence; or

   (b)   enter upon any land, or into any premises, vessel or vehicle, on or in which he believes on reasonable grounds that anything connected with an offence is situated,

and may seize any such thing that he finds in the course of that search, or upon the land or in the premises, vessel or vehicle as the case may be–

   (i)   if the police officer believes on reasonable grounds that it is necessary to do so in order to prevent the loss or destruction of anything connected with an offence; and

   (ii)   the search or entry is made under circumstances of such seriousness and urgency as to require and justify immediate search or entry without the authority of an order of a court or of a warrant issued under this Part.

   (2) A police officer who believes on reasonable grounds that that person is carrying an offensive weapon or anything connected with an offence may stop that person and seize any such weapon or thing that is found on the person.

   (3) A police officer who believes on reasonable grounds that an offensive weapon, or anything connected with an offence is being carried in a vessel or vehicle, may stop and seize any such weapon or thing found in the vessel or vehicle.

43.   Persons in charge of closed places to allow ingress and egress

   (1) Whenever any building or other place liable to search is closed, any person residing in or being in charge of that building or place shall, on demand of the police officer or other person executing a search warrant, and on production of the warrant, allow him free ingress into, afford all reasonable facilities for a search inside and allow him free egress from it.

   (2) If ingress into or egress from the building or other place cannot be so obtained, the police officer or other person executing the search warrant may proceed in the manner prescribed by section 19 or section 20.

   (3) Where any person in or about a building or place is reasonably suspected of concealing about his person any article for which search should be or is being made, he may be searched and if that person is a woman, the provisions of section 26 shall be complied with.

44.   Detention of property seized

   (1) When an article is seized and is brought before a court it may, subject to section 353, be detained until the conclusion of the case or the investigation, reasonable care being taken for its preservation.

   (2) If an appeal is made, or if any person is committed for trial, the court may order the article to be further detained for the purpose of the appeal or the trial.

   (3) If no appeal is made, or if no person is committed for trial, the court shall direct the article to be restored to the person from whom it was taken, unless the court sees fit or is authorised or required by law to dispose of it in any other manner.

45.   Provisions applicable to search warrants

   (1) The provisions of subsections (1) and (3) of section 112, sections 114, 116, 119, 120 and 121 shall, so far as may be, apply to all search warrants issued under section 38.

   (2) Every search warrant shall be returned to the court with an endorsement in it showing the time and manner of its execution and what has been done under it.

B. - Powers and Duties of Police Officers when Investigating Offences (ss 46-69)

(a) Preliminary Provisions (ss 46-47)

46.   Requirement to furnish name and address

   (1) Where a police officer believes on reasonable grounds that a person whose name and address is unknown to him may be able to assist him in his inquiries in connection with an offence that has been, may have been or may be committed, the police officer may request the person to furnish to him his name and address.

   (2) Where a police officer requests a person, under subsection (1), to furnish his name and address and informs the person of his reason for the request, the person–

   (a)   shall not refuse or fail to comply with the request;

   (b)   shall not furnish to the police officer a name or address that is false in any material particular; and

   (c)   may request the police officer to furnish to him his name, rank and ordinary place of duty.

   (3) Where a police officer who makes a request of a person under subsection (1) is requested by the person, pursuant to paragraph (c) of subsection (2) to furnish to the person his name, rank and place of duty the police officer–

   (a)   shall not refuse or fail to comply with the request;

   (b)   shall not furnish to the person a name or rank that is false in a material particular; and

   (c)   shall not furnish to the person as his place of duty an address other than the full and correct address of the place that is his ordinary place of duty.

   (4) Any person who contravenes this section is guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand shillings or to both such fine and imprisonment.

47.   Police to prevent breaches of the peace

   Every police officer may intervene for the purpose of preventing, and shall to the best of his ability prevent, a breach of the peace or the commission of any arrestable offence.

(b) Duration of Custodial Investigation by Police (ss 48-51)

48.   Restriction on questioning person, etc.

   (1) Where a person is, or has been, under restraint in respect of an offence, a police officer may–

   (a)   ask the person questions; or

   (b)   take other investigative action,

in connection with the investigation of the offence, during a period available for interviewing the person but not otherwise.

   (2) The provisions of this Act relating to a period available for interviewing a person shall not be taken–

   (a)   to make lawful the holding of the person under restraint during any period during which it would, but for those provisions, be unlawful to hold him under restraint; or

   (b)   to authorise the asking of any questions or the taking of other investigative action in relation to the person during a period during which it would, but for those provisions, be unlawful to hold him under restraint.

49.   When person not to be taken under restraint

   A police officer shall not take under restraint in respect of any offence a person who has previously been under restraint in respect of the offence–

   (a)   unless he does so in consequence of matters that have come to the knowledge of the police officer in charge of investigation of the offence only after the person last ceased to be under restraint; or

   (b)   unless a reasonable period has elapsed since the person last ceased to be under restraint.

50.   Periods available for interviewing persons

   (1) For the purpose of this Act, the period available for interviewing a person who is in restraint in respect of an offence is–

   (a)   subject to paragraph (b), the basic period available for interviewing the person, that is to say, the period of four hours commencing at the time when he was taken under restraint in respect of the offence;

   (b)   if the basic period available for interviewing the person is extended under section 51, the basic period as so extended.

   (2) In calculating a period available for interviewing a person who is under restraint in respect of an offence, there shall not be reckoned as part of that period any time while the police officer investigating the offence refrains from interviewing the person, or causing the person to do any act connected with the investigation of the offence–

   (a)   while the person is, after being taken under restraint, being conveyed to a police station or other place for any purpose connected with the investigation;

   (b)   for the purpose of–

      (i)   enabling the person to arrange, or attempt to arrange, for the attendance of a lawyer;

      (ii)   enabling the police officer to communicate, or attempt to communicate with any person whom he is required by section 54 to communicate in connection with the investigation of the offence;

      (iii)   enabling the person to communicate, or attempt to communicate, with any person with whom he is, under this Act, entitled to communicate; or

      (iv)   arranging, or attempting to arrange, for the attendance of a person who, under the provisions of this Act is required to be present during an interview with the person under restraint or while the person under restraint is doing an act in connection with the investigation;

   (c)   while awaiting the arrival of a person referred to in subparagraph (iv) of paragraph (b); or

   (d)   while the person under restraint is consulting with a lawyer.

51.   Where custodial investigation cannot be completed within four hours

   (1) Where a person is in lawful custody in respect of an offence during the basic period available for interviewing a person, but has not been charged with the offence, and it appears to the police officer in charge of investigating the offence, for reasonable cause, that it is necessary that the person be further interviewed, he may–

   (a)   extend the interview for a period not exceeding eight hours and inform the person concerned accordingly; or

   (b)   either before the expiration of the original period or that of the extended period, make application to a magistrate for a further extension of that period.

   (2) A police officer shall not frivolously or vexatiously extend the basic period available for interviewing a person, but any person in respect of whose interview the basic period is extended pursuant to paragraph (a) of subsection (1), may petition for damages or compensation against frivolous or vexatious extension of the basic period, the burden of proof of which shall lie upon him.

   (3) Where a magistrate to whom application has been made by a police officer under subsection (1), after having afforded the person, or a lawyer acting on his behalf, an opportunity to make submissions in relation to the application, is satisfied–

   (a)   that the person is in lawful custody;

   (b)   that the investigation of the offence by the police officer has been, and is being carried out as expeditiously as possible; and

   (c)   that it would be proper, in all circumstances to extend the relevant period,

the magistrate may extend that period for such further period as he may deem reasonable.

(c) Duties when Interviewing Suspects (ss 52-56)

52.   Questioning suspect persons

   (1) Where a police officer suspects that a person may have committed a serious offence, or believes that information has been received by the police that may implicate a person in the commission of a serious offence, but that suspicion or belief is not such as would, under section 14, justify the arrest of the person without warrant, the police officer shall not ask him any questions, unless he has first informed him that he may refuse to answer any questions put to him by the police officer.

   (2) A police officer who informs a person as provided under subsection (1) shall ask him to sign or thumb print an acknowledgement, in accordance with a prescribed form, of the fact that he has been so informed and of the date on which, and the time at which, he is so informed.

   (3) Where it is necessary for a court, in any proceedings, to determine whether a police officer has informed a person as required by subsection (1), and an acknowledgement referred to in subsection (2) and signed by the person is not produced in evidence, the court shall assume, unless the contrary is proved, that the person was not so informed.

   (4) Notwithstanding the provisions of subsections (1) to (3), where a police officer in the course of interrogating any person under this section believes that there is sufficient evidence to warrant that a person being charged with an offence, he shall proceed to charge him accordingly and caution him in writing and if practicable orally in the prescribed manner, and to inform him that an inference adverse to him may be drawn from his failure or refusal to answer any question or from his failure or refusal to disclose at that stage any matter which may be material to the charge.

53.   Persons under restraint to be informed of rights

   Where a person is under restraint, a police officer shall not ask him any questions, or ask him to do anything, for a purpose connected with the investigation of an offence, unless–

   (a)   the police officer has told him his name and rank;

   (b)   the person has been informed by a police officer, in a language in which he is fluent, in writing and, if practicable, orally, of the fact that he is under restraint and of the offence in respect of which he is under restraint; and

   (c)   the person has been cautioned by a police officer in the following manner, namely, by informing him,or causing him to be informed, in a language in which he is fluent, in writing in accordance with the prescribed form and, if practicable, orally–

      (i)   that he is not obliged to answer any question asked of him by a police officer, other than a question seeking particulars of his name and address; and

      (ii)   that, subject to this Act, he may communicate with a lawyer, relative or friend.

54.   Communication with lawyer, relative or friend

   (1) Subject to subsection (2), a police officer shall, upon request by a person who is under restraint, cause reasonable facilities to be provided to enable the person to communicate with a lawyer, a relative or friend of his choice.

   (2) A police officer may refuse under subsection (1) for the provision of facilities for communicating with a person being a relative or friend of a person under restraint, if the police officer believes on reasonable grounds that it is necessary to prevent the person under restraint from communicating with the person for the purpose of preventing–

   (a)   the escape of an accomplice of the person under restraint; or

   (b)   the loss, destruction or fabrication of evidence relating to the offence.

55.   Treatment of persons under restraint

   (1) A person shall, while under restraint, be treated with humanity and with respect for human dignity.

   (2) No person shall, while under restraint, be subjected to cruel, inhuman or degrading treatment.

   (3) Where a person under restraint–

   (a)   makes a request to a police officer to be provided with medical treatment, advice or assistance in respect of an illness or an injury; or

   (b)   appears to the police officer to require medical treatment, advice or assistance in respect of illness or injury,

the police officer shall forthwith take such reasonable action as is necessary to ensure that the person is provided with medical treatment, advice or assistance.

56.   Special duties when interviewing children

   (1) A police officer in charge of investigating an offence in respect of which a child is under restraint shall, forthwith after the child is placed under restraint, cause a parent or guardian of the child to be informed that he is under restraint and of the offence for which he is under restraint.

   (2) In this section "child" means a person who has not attained the age of sixteen years.

(d) Recording of Interview (ss 57-58)

57.   Record of interview

   (1) A police officer who interviews a person for the purpose of ascertaining whether the person has committed an offence shall, unless it is in all circumstances impracticable to do so, cause the interview to be recorded.

   (2) Where a person who is being interviewed by a police officer for the purpose of ascertaining whether he has committed an offence makes, during the interview, either orally or in writing, a confession relating to an offence, the police officer shall make, or cause to be made, while the interview is being held or as soon as practicable after the interview is completed, a record in writing, setting out–

   (a)   so far as it is practicable to do so, the questions asked of the person during the interview and the answers given by the person to those questions;

   (b)   particulars of any statement made by the person orally during the interview otherwise than in answer to a question;

   (c)   whether the person wrote out any statement during the interview and, if so, the times when he commenced to write out the statement;

   (d)   whether a caution was given to the person before he made the confession and, if so, the terms in which the caution was given, the time when it was given and any response made by the person to the caution;

   (e)   the times when the interview was commenced and completed; and

   (f)   if the interview was interrupted, the time when it was interrupted and recommenced.

   (3) A police officer who makes a record of an interview with a person in accordance with subsection (2) shall write, or cause to be written, at the end of the record a form of certificate in accordance with a prescribed form and shall then, unless the person is unable to read–

   (a)   show the record to the person and ask him–

      (i)   to read the record and make any alteration or correction to it he wishes to make and add to it any further statement that he wishes to make;

      (ii)   to sign the certificate set out at the end of the record; and

      (iii)   if the record extends over more than one page, to initial each page that is not signed by him; and

   (b)   if the person refuses, fails or appears to fail to comply with that request, certify on the record under his hand what he has done and in respect of what matters the person refused, failed or appeared to fail to comply with the request.

   (4) Where the person who is interviewed by a police officer is unable to read the record of the interview or refuses to read, or appears to the police officer not to read the record when it is shown to him in accordance with subsection (3) the police officer shall–

   (a)   read the record to him, or cause the record to be read to him;

   (b)   ask him whether he would like to correct or add anything to the record;

   (c)   permit him to correct, alter or add to the record, or make any corrections, alterations or additions to the record that he requests the police officer to make;

   (d)   ask him to sign the certificate at the end of the record; and

   (e)   certify under his hand, at the end of the record, what he has done in pursuance of this subsection.

58.   Statements by suspects

   (1) Where a person under restraint informs a police officer that he wishes to write out a statement, the police officer–

   (a)   shall cause him to be furnished with any writing materials he requires for writing out the statement; and

   (b)   shall ask him, if he has been cautioned as required by paragraph (c) of section 53, to set out at the commencement of the statement the terms of the caution given to him, so far as he recalls them.

   (2) Where a person under restraint furnishes to the police officer a statement that he has written out, the police officer shall write, or cause to be written, at the end of the statement a form of certificate in accordance with the prescribed form, and shall then–

   (a)   show the statement to the person and ask him–

      (i)   to read the statement and make any alteration or correction to it that he wishes to make and add to it any further statement that he wishes to make;

      (ii)   to sign the certificate set out at the end of the statement; and

      (iii)   if the statement extends to more than one page, to initial each page that is not signed by him;

      and

   (b)   if the person refuses, fails or appears to fail to comply with that request, certify, under his hand, on the statement what he has done and in respect of what matters the person refused, failed or appeared to fail to comply with the request.

   (3) Where a person under restraint refuses to read, or appears to the police officer not to read a statement when it is shown to him in accordance with subsection (2), the police officer shall–

   (a)   read the statement to him, or cause the statement to be read to him;

   (b)   ask him whether he would like to correct or add anything to the statement;

   (c)   permit him to correct, alter or add to the statement, or make any corrections, alterations or additions to the statement that he requests the police officer to make;

   (d)   ask him to sign the certificate at the end of the statement; and

   (e)   certify under his hand, at the end of the statement, what he has done in pursuance to this subsection.

(e) Other Investigative Actions (ss 59-63)

59.   Power to take fingerprints, photos, etc., of suspects

   (1) Any police officer in charge of a police station or any police officer investigating an offence may take or cause to be taken measurements, prints of the hand, fingers, feet or toes of, or recordings of the voice or, photographs of, or samples of the handwriting of any person who is charged with an offence, whether such person is in lawful custody of the police or otherwise where such measurements, prints, recordings, photographs or samples, as the case may be, are reasonably believed to be necessary for the identification of the person with respect to, or for affording evidence as to the commission of an offence for which he is in custody or charged.

   (2) Any police officer in charge of a police station or any police officer investigating an offence may take or cause to be taken measurements, prints of the hands, fingers, feet or toes or recordings of the voice, photographs of or samples of the handwriting, of any person who is not charged with any crime where such measurements, prints, recordings, photographs or samples, as the case may be, are reasonably believed to be necessary for facilitating the investigation of any crime.

   (3) No person who is charged or who is not charged with any crime shall be entitled to refuse or object to having his measurements, prints, recordings, photographs or samples taken, and where he so refuses or objects, the police officer concerned may take such reasonable steps, including the use of reasonable force, as may be necessary to ensure that the measurements, prints, recordings, photographs or samples, as the case may be, are taken.

   (4) Any person who refuses to have his measurements, prints, recordings, photographs or samples taken as required under subsections (1) and (2) is guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding twenty-four months or to both such fine and imprisonment.

   (5) Subject to the provisions of subsection (10), a person having the custody of measurements, prints, recordings, photographs or samples and each person having the custody of copies of measurements, prints, recordings, photographs or samples shall destroy them–

   (a)   in the case of a person who is in lawful custody upon a charge of committing an offence–

      (i)   if the prosecution of that person is not proceeded with; or

      (ii)   where prosecution is proceeded with, but he is acquitted;

   (b)   in the case of a person referred to in subsection (2), if those measurements, prints, recordings, photographs or samples, as the case may be, are no longer required for the purpose of facilitating the investigation.

   (6) There shall be established at a place to be approved by the Minister responsible for criminal investigations, an office to be known as the Criminal Records Office for the preservation, comparison and indexing of fingerprint or forms.

   (7) The Criminal Records Office shall, subject to the general supervision of the Inspector-General of Police, be under the control of a senior police officer, expert in comparison of fingerprints who shall be appointed from time to time by the Attorney-General by notice published in the Gazette.

   (8) Completed fingerprint forms shall be sent to and preserved at the Criminal Records Office.

   (9) All fingerprint forms shall be of the prescribed pattern.

   (10) Notwithstanding the provisions of subsection (5), it shall be lawful to retain all records obtained pursuant to subsections (1) and (2) of this section in respect of any person with regard to whom an expulsion order under the Expulsion of Undesirables Act * has been cancelled or rescinded.

60.   Identification parades

   (1) Any police officer in charge of a police station or any police officer investigating an offence may hold an identification parade for the purpose of ascertaining whether a witness can identify a person suspected of the commission of an offence.

   (2) Any police officer in charge of a police station or any police officer investigating an offence may require any person whose participation is necessary for the investigation of an offence to attend and participate in an identification parade.

   (3) No person who is required under subsection (2) to attend and participate in an identification parade shall be entitled to refuse or object to attend and participate in an identification parade.

   (4) Any person who, without just cause or unreasonably, refuses to attend and participate in an identification parade is guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

61.   Persons convicted on mistaken identity to be compensated

   (1) Where it is established on evidence that a person has been convicted on a mistaken identification as a result of which he is prosecuted, punished or he suffers any loss or injury, that person or his legal representative if that person dies, shall be entitled to such reasonable compensation as if he were a victim of crime.

   (2) The compensation payable under this section and all other matters to be followed regarding the amount of compensation, its assessment and manner of payment shall be governed by section 37.

62.   Minister to make regulations for identification parades, etc.

   The Minister shall make regulations providing for the procedure to be followed in the conduct of identification parades, and the taking of fingerprints and photographs of suspect or accused persons.

63.   Medical examination

   (1) A magistrate may, on the application of a police officer, allow a medical officer to examine a person in lawful custody in respect of an offence or may allow a medical officer to take and analyse any specimen from that person if he has reasonable grounds for believing that the examination or analysis would provide evidence relating to the offence.

   (2) After the medical officer has made the examination and analysis as provided under subsection (1) he shall submit a written report on it to the court.

   (3) In any proceedings, a court may order that any person who is a party to or a witness in the proceedings submits himself for medical examination and that person shall so submit himself.

   (4) A medical officer shall, after examining a person in respect of whom the court has ordered that he submits himself for medical examination in accordance with the provisions of subsection (3) transmit to the court ordering the examination a written report pertaining to the examination.

(f) Release and Bail (ss 64-69)

64.   Police bail of suspect

   (1) Without prejudice to the provisions of any other written law for the time being in force relating to the grant of bail by police officers, a person brought under the custody of a police officer on reasonable suspicion of having committed an offence shall be released immediately, where–

   (a)   the police officer who arrested him believes that the person has in fact committed no offence or has no reasonable grounds on which to continue holding that person in custody;

   (b)   the police officer who arrested him believes that he arrested the wrong person; or

   (c)   after twenty-four hours after the person was arrested, no formal charge has been laid against that person unless the police officer in question reasonably believes that the offence suspected to have been committed is a serious one.

   (2) Where a formal charge has been laid against any person under the custody of the police, a police officer in charge of a police station may, upon that person executing a bond, with or without sureties, to appear before a court if so required, release the person where–

   (a)   the person, though subject to prosecution, was arrested without warrant;

   (b)   after due inquiry, insufficient evidence in his opinion is disclosed upon which to proceed with the charge;

   (c)   the offence, though arrestable, is not of a serious nature; or

   (d)   it appears that further inquiries must be carried out, and they cannot be completed within a reasonably short time.

   (3) Where the person arrested is under the age of fifteen years, that person may be released after his parent, guardian, relative or any other reliable person has entered into a recognisance on his behalf.

   (4) Notwithstanding any other written law for the time being in force relating to the grant of bail by police officers, no fee or duty shall be chargeable upon bail bonds in criminal cases, recognisance to prosecute or to give evidence or recognisance for personal appearance or otherwise issued or taken by a police officer.

   (5) Every police officer arresting a person reasonably suspected of committing any offence shall inform that person of his right to bail under this section.

65.   Criteria for granting police bail

   Matters relevant to the granting of bail by a police officer to a person charged with an offence are–

   (a)   the probability of the person appearing in court in respect of the offence if granted bail, that is to say–

      (i)   the background and community ties or the residence, employment and family situation and his police record, if known; and

      (ii)   the circumstances in which the offence was committed, the nature and seriousness of the offence, the strength of the evidence against the person and other information relevant to the likelihood of his absconding;

   (b)   the interests of the person, that is to say–

      (i)   the period that the person may be obliged to spend in custody if bail is refused, and the conditions under which he would be held in custody;

      (ii)   the needs of the person to be free to prepare for his appearance before the court, to obtain legal advice and for other purposes; or

      (iii)   the need of the person for physical protection, whether the need arises because he is incapacitated by intoxication, injury or the use of drugs or arises from other causes;

      and

   (c)   the protection of the community, that is to say, the likelihood of the person interfering with evidence through intimidating witnesses or hindering police inquiries in any other way.

66.   Conditions of police bail

   A person shall be entitled to be granted police bail if–

   (a)   he undertakes in writing to appear before a specified court at a specified time and place, or at such other time and place as is notified to him by a police officer;

   (b)   he undertakes in writing to observe specified requirements as to his conduct while released on bail, not being requirements with respect to the giving of security, the depositing of money or the forfeiture of money;

   (c)   another person acceptable to the police officer acknowledges in writing, that he is acquainted with the person charged and regards him as a responsible person who is likely to appear in court to answer the charge;

   (d)   the person charged, or another person acceptable to the police officer, enters into an agreement, with or without security, to forfeit a specified sum of money if the person charged fails to appear in court to answer the charge; or

   (e)   the person charged, or another person acceptable to the police officer, deposits with the police officer, a specified sum of money to be forfeited if the person charged fails to appear in court to answer the charge.

67.   Refusal to grant police bail

   (1) Where a police officer refuses to grant bail he shall record in writing the reasons for so refusing.

   (2) Where a police officer refuses, under section 64, to grant bail to a person charged with an offence or grants bail but the person is unable or unwilling to comply, or arrange for another person to comply, with any of the conditions subject to which bail was granted, the person shall be brought before a magistrate to be dealt with according to law as soon as it is practicable to do so and not later than the first sitting of a court at a place to which it is practicable to take the person for that purpose.

   (3) A person who is waiting in custody to be brought before a magistrate in accordance with subsection (2) may, at any time, request a police officer for facilities to make an application to a magistrate for bail and, if he does so, the police officer shall, within twenty four hours, or within such reasonable time as it is practicable after he makes the request, bring him before a magistrate.

68.   Revocation of police bail Act No. 5 of 1988 s. 5">

   Where a police officer in charge of a police station believes on reasonable grounds that a person who has been released on bail granted under section 64–

   (a)   is absconding; or

   (b)   has failed to comply with, or is about or likely to fail to comply with an undertaking given by him as a condition of his release,

the police officer may revoke the bail and the person may then be arrested by a police officer.

69.   Breaches of conditions of bail Act No. 9 of 1996 Sch.">

   (1) Subject to subsection (2) where a person who has been released on bail granted by a police officer wilfully and unreasonably fails to comply with an undertaking given by him as a condition of his release, the person is guilty of an offence and shall be liable, on conviction, to a penalty not exceeding the maximum penalty that could be imposed on him upon conviction for the offence in respect of which he was arrested and then released on bail.

   (2) Where a person who has been released on bail granted by a police officer in respect of two or more offences wilfully and unreasonably fails to comply with an undertaking given by him as a condition of his release, subsection (1) shall apply as if the reference to the offence in respect of which he was released on bail was a reference to the offence in relation to which he failed to comply with the undertaking or if he failed to comply with the undertaking in relation to two or more offences, to the more or most serious of those offences.

PART III
PREVENTION OF OFFENCES (ss 70-88)

(a) Security for Keeping the Peace and for Good Behaviour (ss 70-81)

70.   Powers of magistrate to require persons to execute bonds

   (1) Whenever a magistrate is informed on oath that any person is likely to commit a breach of the peace or to disturb the public tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquility, the magistrate may, in the manner provided in this Part, require that person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding one year, as the magistrate deems fit.

   (2) Proceedings shall not be taken under this section unless either the person informed against or the place where the breach of the peace or disturbance is apprehended is within the local limits of the magistrate's jurisdiction.

71.   Security for good behaviour from persons disseminating seditious matter Act No. 5 of 1988 s. 6">

   Whenever a magistrate is informed on oath that a person is within the limits of his jurisdiction and that that person, within or without those limits either orally or in writing or in any other manner, is disseminating or attempting to disseminate, or in any way abetting the dissemination of–

   (a)   any seditious matter, that is to say, any matter the publication of which is punishable under section 32 of the Newspapers Act;

   (b)   any matter concerning a judge or magistrate which amounts to libel under the Penal Code *,

that the magistrate may, in the manner provided in this part, require that person to show cause why he should not be ordered to execute a bond with or without sureties for his good behaviour for such period, not exceeding one year, as the magistrate deems fit.

72.   Security for good behaviour from suspected persons

   Whenever a magistrate is informed under oath that any person is taking precautions to conceal his presence within the local limits of the magistrate's jurisdiction, and that there is reason to believe that that person is taking those precautions with a view to committing any offence, the magistrate may, in the manner provided in this Part, require him to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding one year, as the magistrate deems fit.

73.   Security for good behaviour from habitual offenders

   Whenever a magistrate is informed on oath that any person within the local limits of his jurisdiction–

   (a)   is by habit a robber, housebreaker or thief;

   (b)   is by habit a receiver of stolen property, knowing the same to have been stolen;

   (c)   habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property;

   (d)   habitually commits or attempts to commit, or aids or abets in the commission of, any offence punishable under Chapters XXX, XXXIII or XXXIV of the Penal Code *;

   (e)   habitually commits or attempts to commit, or aids or abets in the commission of, offences involving a breach of the peace;

   (f)   is a loiterer or vagabond; or

   (g)   is so desperate and dangerous as to render his being at large without security hazardous to the community,

the magistrate may, in the manner provided in this Part, require him to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the magistrate deems fit.

74.   Order to be made

   When a magistrate acting under sections 70, 71, 72 or 73 of this Act deems it necessary to require any person to show cause under such section, he shall make an order in writing setting forth–

   (a)   the substance of the information received;

   (b)   the amount of the bond to be executed;

   (c)   the term for which it is to be in force; and

   (d)   the number, character and class of sureties, if any, required.

75.   Procedure in respect of person present in court

   If the person in respect of whom the order is made is present in court, it shall be read over to him or, if he so desires, the substance of it shall be explained to him.

76.   Procedure in respect of person not present in court

   (1) Subject to subsection (2), if the person in respect of whom an order is made is not present in court, the magistrate shall issue a summons requiring him to appear or, when that person is in custody, a warrant directing the officer in whose custody he is to bring him before the court.

   (2) Whenever it appears to the magistrate, upon the report of a police officer or upon other information given on oath (the substance of which report or information shall be recorded by the magistrate), that there is reason to apprehend the commission of a breach of the peace, and that such breach of the peace cannot be prevented in any way other than by the immediate arrest of that person, the magistrate may at any time issue a warrant for his arrest.

77.   Copy of order to accompany summons or warrant

   Every summons or warrant issued under section 76 shall be accompanied by a copy of the order made under section 74, and that copy shall be delivered by the officer serving or executing the summons or warrant to the person served with or arrested under it.

78.   Power to dispense with personal attendance

   A magistrate other than a primary court magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace and may permit him to appear by an advocate.

79.   Inquiry as to truth of information

   (1) When an order under section 74 has been read or explained under section 75 to a person present in court, or when any person appears or is brought before a magistrate in compliance with or in execution of a summons or warrant issued under section 76, the magistrate shall proceed to inquire into the truth of the information upon which the action has been taken, and to take such further evidence as may appear necessary.

   (2) An inquiry under subsection (1) shall be made, as nearly as may be practicable, in the manner prescribed by or under this Act, or the Magistrates' Courts Act *, for conducting trials and recording evidence in trials before subordinate courts or primary courts.

   (3) For the purposes of this section the fact that the provisions of section 73 apply to a particular person may be proved by evidence of general repute or by any other evidence.

   (4) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the magistrate thinks just.

80.   Order to give security

   (1) If upon an inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the magistrate shall make an order accordingly, save that–

   (a)   no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than that specified in the order made under section 74;

   (b)   the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;

   (c)   when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.

   (2) Any person ordered to give security for keeping the peace or maintaining good behaviour under this section may appeal to the High Court or the District Court, and the provisions of Part X of this Act (relating to appeals) or Part III of the Magistrates' Courts Act *, as the case may be, shall apply to every such appeal.

81.   Discharge of person informed against

   If on an inquiry under section 79, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, the magistrate shall make an entry on the record to that effect, and if the person is in custody only for the purposes of the inquiry, shall release him, or if he is not in custody, shall discharge him.

(b) Proceedings Subsequent to Order to Furnish Security (ss 82-88)

82.   Commencement of period for which security is required

   (1) If the person in respect of whom an order requiring security is made under section 74 or section 80 is, at the time the order is made, sentenced to or undergoing a sentence of imprisonment, the period for which the security is required shall commence on the expiration of the sentence.

   (2) In other cases the period for which the security is required shall commence on the date of the order unless the magistrate, for sufficient reason, fixes a latter date.

83.   Contents of bond

   The bond to be executed by any person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit or the aiding, abetting, counselling or procuring the commission of any offence punishable with imprisonment, wherever it may be committed, shall be a breach of the bond.

84.   Power to reject sureties

   A magistrate may refuse to accept any surety offered under any of the preceding sections on the ground that, for reasons to be recorded by the magistrate, that surety is an unfit person.

85.   Procedure on failure to give security

   (1) If any person ordered to give security does not give such security on or before the date on which the period for which the security is to be given commences, he shall, except in the case mentioned in subsection (2), be committed to prison or, if he is already in prison, be detained in prison until the period expires or until, within that period, he gives the security to the court or magistrate who made the order requiring it.

   (2) When a person has been ordered by a magistrate to give security for a period exceeding one year, the magistrate shall, if the person does not give security, issue a warrant directing him to be detained in prison pending the orders of the District Court or the High Court, as the case may be, and the proceedings shall within one month be laid as soon as conveniently may be before such court.

   (3) The District Court or the High Court as the case may be, after examining the proceedings and requiring from the magistrate any further information or evidence which it thinks necessary, may make such order in the case as it thinks fit.

   (4) The period, for which any person is imprisoned for failure to give security shall not exceed three years.

   (5) If the security is tendered to the officer in charge of the prison, he shall forthwith refer the matter to the court or magistrate who made the order and shall await the orders of such court or magistrate.

86.   Power to release persons imprisoned for failure to give security

   Whenever a district magistrate is of opinion that any person imprisoned for failure to give security may be released without hazard to the community, he shall make an immediate report of the case for the order of the High Court, which may, if it thinks fit, order the person to be discharged.

87.   Power of High Court to cancel bond

   The High Court may, at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Part by order of any court.

88.   Discharge of sureties

   (1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a magistrate to cancel any bond executed under any of the preceding sections within the local limits of his jurisdiction.

   (2) On an application being made, the magistrate shall issue his summons or warrant, as he thinks fit, requiring the person for whom the surety is bound to appear or to be brought before him.

   (3) When a person appears or is brought before the magistrate the magistrate shall cancel the bond and shall order him to give, for the unexpired portion of the term of the bond, fresh security of the same description as the original security; and every order shall for the purposes of sections 83, 84, 85 and 86 be deemed to be an order made under section 80.

PART IV
CONTROL OF CRIMINAL PROCEEDINGS (ss 89-99)

A. - The Director of Public Prosecutions (ss 89-94)

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