CHAPTER 368
EXTRADITION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title and application.

   2.   Interpretation.

PART II
THE SURRENDER OF FUGITIVE CRIMINALS

   3.   Application of Part II.

   4.   Liability of fugitive criminals to surrender.

   5.   Requisition for surrender.

   6.   Issue of warrant.

   7.   Hearing of case and evidence.

   8.   Committal or discharge of prisoner.

   9.   Surrender of fugitive criminal.

   10.   Discharge of fugitive criminal.

PART III
RECIPROCAL BACKING OF WARRANTS

   11.   Application of Part III.

   12.   Backing of warrants issued in another country.

   13.   Provisional warrant.

   14.   Return of prisoner.

   15.   Discharge of prisoner.

PART IV
MISCELLANEOUS PROVISIONS RELATING TO SURRENDER AND RETURN

(a) Restrictions

   16.   Restriction on surrender or return.

   17.   Procedure where offence alleged to be political.

(b) Evidence

   18.   Evidence.

   19.   Authorisation of warrants and depositions.

(c) Miscellaneous Provisions

   20.   Escape.

   21.   Search warrants.

   22.   Rules of court and forms.

   23.   Declaration of application.

   24.   Discontinuance.

PART V
TAKING OF EVIDENCE FOR CRIMINAL TRIALS IN OTHER COUNTRIES

   25.   Obtaining evidence in Tanzania.

   26.   Taking of evidence in Tanzania for foreign criminal matters.

PART VI
CRIMINALS SURRENDERED TO TANZANIA

   27.   Trial of criminal surrendered.

PART VII
TRANSITIONAL PROVISION, REPEAL AND APPLICATION

   28.   Transitional.

   29.   [Repeal, disapplication and amendment of laws.]

   30.   [Incorporated into s. 1.]

SCHEDULE

CHAPTER 368
THE EXTRADITION ACT

An Act to provide for the law relating to the extradition of criminals and for related matters.

[24th May, 1965]

Act No. 15 of 1965
[R.L. Cap. 585]

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title and application

   This Act may be cited as the Extradition Act, and applies to Mainland Tanzania as well as Tanzania Zanzibar.

2.   Interpretation

   (1) In this Act, unless the context requires otherwise–

   "conviction" and "convicted" do not include or refer to a conviction which under the law of some other country is a conviction for contumacy, but the term "accused person" includes a person convicted of contumacy;

   "extradition crime" means a crime which, if committed within the jurisdiction of Tanzania, would be one of the crimes described in the Schedule to this Act;

   "fugitive criminal" means any person accused or convicted of an extradition crime committed within the jurisdiction of any other country who is in or is suspected of being in Tanzania, and a reference to a fugitive criminal of a country is a reference to a fugitive criminal accused or convicted of an extradition crime committed within the jurisdiction of that country;

   "magistrate" except in subsection (2) of this section, means a resident magistrate;

   "Minister" means the Minister responsible for legal affairs;

   "warrant" in the case of any other country, includes any judicial document authorising the arrest of a person accused or convicted of a crime.

   (2) If any fugitive criminal or other person is arrested in pursuance of the provisions of this Act and brought before a magistrate shall have power to order who has no power to exercise jurisdiction under this Act, that magistrate person to be brought before some magistrate having that jurisdiction, and to remand or admit that person to bail, and effect shall be given to that order.

PART II
THE SURRENDER OF FUGITIVE CRIMINALS (ss 3-10)

3.   Application of Part II

   (1) Where an agreement has been made with any country with respect to the surrender to that country of any fugitive criminal, the Minister may, by order published in the Gazette, declare that this Part of this Act shall apply in the case of that country subject to any conditions, exceptions and qualifications which may be specified in the order, and this Part shall apply accordingly.

   (2) An order made under this section shall recite or embody the terms of the agreement and shall not remain in force for any longer period than the agreement.

   (3) Every order made under this section shall be laid before the National Assembly.

4.   Liability of fugitive criminals to surrender

   Subject to the provisions of section 16, where this part of this Act applies in the case of any country, every fugitive criminal of that country who is in or suspected of being in Tanzania, shall be liable to be arrested, detained and surrendered in the manner provided by this Part of this Act–

   (a)   Whether the crime in respect of which the surrender is sought was committed before or after the commencement of this Act or the application of this Part of this Act to that country; and

   (b)   whether there is or is not any concurrent jurisdiction in a court in Tanzania over that crime.

5.   Requisition for surrender

   (1) A requisition for the surrender of a fugitive criminal of any country who is in or suspected of being in Tanzania shall be made to the Minister by a diplomatic representative or consular officer of that country and, upon receipt of the requisition, the Minister may, by order under his hand, signify to a magistrate that a requisition has been made and require the magistrate to issue his warrant for the arrest and detention of the fugitive criminal.

   (2) If the Minister is of the opinion that the offence is one of a political character he may refuse to make an order and may also at any time order a fugitive criminal accused or convicted of that offence to be discharged from custody.

6.   Issue of warrant

   (1) The warrant for the arrest of a fugitive criminal, whether accused or convicted of a crime, who is in or suspected of being in Tanzania, may be issued by a magistrate–

   (a)   on the receipt of the order of the Minister and on any evidence which would, in the opinion of the magistrate, justify the issue of the warrant if the crime had been committed or the criminal convicted in that part of Tanzania in which he exercises jurisdiction; or

   (b)   on any information or complaint and any evidence or after any proceedings which would, in the opinion of the magistrate, justify the issue of a warrant if the crime had been committed or the criminal convicted in that part of Tanzania in which he exercises jurisdiction.

   (2) A magistrate issuing a warrant under this section without an order from the Minister shall immediately send a report of the fact of the issue, together with the evidence and information or complaint or certified copies of it, to the Minister who may order the warrant to be cancelled and the person who has been arrested and detained on the warrant to be discharged.

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