CHAPTER 20
CRIMINAL PROCEDURE ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    NOTICES

        The Public Prosecutors (Appointment) Notice

        The Appointment of Government Analysts

        Omitted Notices

    OMITTED ORDERS

    RULES

        The Accelerated Trial and Disposal of Cases Rules

        The Accelerated Trial and Disposal of Cases Rules (1988)

        The Criminal Procedure (Record of Evidence) (High Court) Rules

        The Criminal Procedure (Police Supervision) Rules

        The Criminal Procedure (Habeas Corpus) Rules

        The Criminal Procedure (Expenses of Assessors and Witnesses) Rules

NOTICES

THE PUBLIC PROSECUTORS (APPOINTMENT) NOTICE

(Section 95)

G.Ns. Nos.
137 of 1943
382 of 1943
202 of 1947
18 of 1952
120 of 1959
375 of 1960
164 of 1962
245 of 1965
379 of 1967
276 of 1968
77 of 1970
182 of 1973
38 of 1974
163 of 1977
83 of 1992
423 of 1992

    1. This Notice may be cited as the Public Prosecutors (Appointment) Notice.

    2. The persons holding the titles specified in the first column of the schedule are hereby appointed Public Prosecutors for the area set of out in the second column in respect of any proceedings instituted under the laws specified in the third column of the Schedule hereto.

SCHEDULE

THE APPOINTMENT OF GOVERNMENT ANALYSTS

(Section 203(4))

G.N. No. 401 of 1953

    The Government Chemist and Chemists employed in the Department of the Government Chemist are hereby appointed to perform the duties of a Government analyst.

OMITTED NOTICES

The following notice has been omitted:

(Section 95(1))

G.N. No. 340 of 1991

    The Criminal Procedure (Appointment of Fisheries of Officers as Public Prosecutors) Notice.

OMITTED ORDERS

(Section 173(1))

    The following order has been omitted:

RULES

THE ACCELERATED TRIAL AND DISPOSAL OF CASES RULES

(Section 192(6))

1.    Citation

    These Rules may be cited as the Accelerated Trial and Disposal of Cases Rules.

2.    Preliminary hearing

    In every case where a person charged pleads not guilty to the charge the presiding magistrate or judge shall hold a preliminary hearing on the day when the person is charged in the presence of his advocate either at his first or subsequent appearance in court or, if this is not possible, then as soon as it is practical.

3.    Facts of the case

    The person prosecuting shall, in every trial under these Rules, prepare, as clearly as possible, the facts of the case which shall be read to the accused and explained in a language he can understand.

4.    Right to ask questions

    It shall be lawful for the accused or the court during the reading and explaining the facts of the case, to ask questions or seek clarification on any matter relating to the facts of the case.

5.    Admission of facts of case

    When the facts of the case are read and explained to the accused, the court shall ask him to state which of those facts he admits and the trial Magistrate of judge shall record the same.

6.    No witnesses at preliminary hearing

    No witness shall be called during a preliminary hearing.

{mprestriction ids="1,2,3"}

7.    Notice to witnesses to appear

    The court may give notice to any person who is likely to be called as a witness after a preliminary hearing, that he may be required to give evidence before the court on a date to be specified in the notice and such notice shall be deemed to be summonses duly issued and served upon such person to appear and give evidence as required under the trial.

8.    Rules made after consultation

    These Rules are made after consultation with the Chief Justice.

THE ACCELERATED TRIAL AND DISPOSAL OF CASES RULES (1988)

(Section 192)

G.N. No. 192 of 1988

1.    Citation

    These Rules may be cited as the Accelerated Trial and Disposal of Cases Rules.

2.    Preliminary hearing

    In every case where a person charged pleads not guilty to the charge the presiding magistrate or judge shall hold a preliminary hearing on the day when the person is charged or arraigned in the presence of his advocate or, if this is not possible, then as soon as it is practicable.

3.    Facts of the case

    The person prosecuting shall, in every trial under these Rules, prepare, as clearly as possible, the facts of the case which shall be read to the accused and explained in a language he understands.

4.    Right to ask questions

    It shall be lawful for the accused or the court during the reading and explaining the facts of the case, to ask questions or seek clarification on any matter relating to the facts of the case.

5.    Admission of facts of case

    When the facts of the case are read and explained to the accused, the court shall ask him to state which of those facts he admits and the trial magistrate or judge shall record the same.

6.    No witnesses at preliminary hearing

    No witness shall be called during a preliminary hearing.

7.    Notice to witnesses to appear

    The court may give notice to any person who is likely to be called as a witness after a preliminary hearing, that he may be required to give evidence before the court on a date to be specified in the notice and such notice shall be deemed to be summonses duly issued and served upon him to appear and give evidence as required in the trial.

THE CRIMINAL PROCEDURE (RECORD OF EVIDENCE) (HIGH COURT) RULES

G.Ns. Nos.
28 of 1953
286 of 1956

1.    Citation

    These Rules may be cited as the Criminal Procedure (Record of Evidence) (High Court) Rules.

2.    Interpretation

    In these rules, "court stenographer" means any person appointed by the Chief Justice to be a court stenographer.

3.    Record of evidence

    In all trials of criminal cases before the High Court the record of the evidence of each witness shall consist of–

    (a)    a record or memorandum of the substance of the evidence taken down in writing by the Judge, which shall not ordinarily be in the form of question and answer but in the form a of narrative;

    (b)    a typewritten transcript of a shorthand record of the evidence, made in accordance with the provisions of rules 4 and 5 of these Rules; or

    (c)    partly a record or memorandum made in accordance with paragraph (a) of this rule and partly a typewritten transcript made in accordance with paragraph (b) of this rule.

4.    Shorthand record

    The Judge may direct a court stenographer to make a shorthand record of the whole of or any part of the substance of the evidence of any witness.

5.    Transcription and typing of record

    5. A shorthand record made under the provisions of rule 4 shall, as soon as practicable thereafter, be transcribed and typewritten by the same or any other court stenographer who shall certify it in the form set out in the Schedule hereto.

SCHEDULE
FORM OF CERTIFICATE

THE CRIMINAL PROCEDURE (POLICE SUPERVISION) RULES

G.Ns. Nos.
344 of 1952
231 of 1963

1.    Citation

    These Rules may be cited as the of Criminal Procedure (Police Supervision) Rules.

2.    Notification of release of supervisee

    Before the date of the release from prison of any person in respect of whom an order has been made under the provisions of section 341 of the Criminal Procedure Act (hereinafter referred to as the Act) that he shall be subject to police supervision (hereinafter referred to as a police supervisee), the officer in charge of such prison shall inform the officer in charge of the Identification Bureau, Dar es Salaam, of the date of the release of such police supervisee and, where he has not been directed to reside within the limits of a specified district, the district in which such supervisee intends to reside.

3.    Procedure upon release

    Every police supervisee shall on his release from prison be informed by the officer in charge of the prison of the requirements with which the court has directed him to comply under section 342 of the Act and such officer shall issue to the police supervisee an identity card, in the form set out in the Schedule hereto, in which shall be filled in the several particulars specified respecting such police supervisee, so far as those particulars may be applicable to him.

4.    Notification of address

    When any police supervisee has been directed to comply with all or any of the requirements specified in paragraph (b), (c), (d) and (e) of subsection (1) of section 342 of the Act and has not been directed to reside within the limits of a specified district he shall, before the date on which he is entitled to be released from prison, inform the officer in charge of the prison of the place at which he intends to reside after his release, and the officer shall record under his hand the name of the place in the identity card of the police supervisee.

5.    Written consent to be recorded

    When any administrative officer or police offices gives his written consent under the provisions of paragraph (b) or (c) of subsection (1) of section 342 of the Act to any police supervisee such consent shall be recorded by the administrative officer or police officer or by the person in charge of the office of the administrative officer or police officer in the identity card of the police supervisee.

6.    Record of notification of address

    When any police supervisee has been directed under the provisions of paragraph (d) of subsection (1) of section 342 of the Act to keep the police officer or administrative officer in charge of the district in which he resides notified of the house or place in which he resides, any such notification and the date thereof shall be recorded by the police officer or administrative officer or by the person in charge of the office of the police officer or administrative officer in the identity card of the police supervisee.

7.    Endorsement of identity card

    (1) When any police supervisee has been directed under the provisions of paragraph (e) of subsection (1) of section 342 of the Act to present himself, whenever called upon so to do by the administrative officer or police officer in charge of the district in which he resides and is in prison, the administrative officer or police officer, as the case may be, shall, before the date on which such police supervisee is entitled to be released from prison, inform the police supervisee through the officer in charge of the prison of the place at which and the date on which such police supervisee is to present himself and the officer in charge of the prison shall endorse the identity card of the police supervisee accordingly.

    (2) Whenever a police supervisee, after the date of his release from prison, presents himself when called upon at any place, the person in charge of the place at which he has been called upon to present himself shall record the fact in the identity card of the police supervisee.

    (3) If through illness or other reasonable cause (the proof of which shall lie upon him) any police supervisee is prevented from presenting himself in person, as directed under the provisions of section 342 of the Act, he may report to any officer of the local authority which has jurisdiction in the area in which he resides.

    (4) In any case where a police supervisee has, in accordance with the provisions of paragraph (3) of this rule, reported to an officer of a local authority the officer shall inform the person to whom the police supervisee should have presented himself, as directed under the provisions of section 342 of the Act, as soon as may be convenient, that such police supervisee has reported to him.

8.    Production of identity card

    (1) Every police supervisee shall produce his identity card whenever he requires consent to transfer his residence or to leave the district in which he resides or whenever he makes any notification or whenever he presents himself in accordance with the provisions of the Act or of any rules made thereunder.

    (2) If any police supervisee loses his identity card, he shall forthwith report the loss to the administrative officer or officer in charge of the district in which he resides who shall apply to the officer in charge of the Identification Bureau, Dar es Salaam, for a new identity card and on receipt of the new identity card the administrative officer or police officer, as the case may be, shall issue it to the police supervisee with the necessary particulars entered therein.

9.    Surrender of identity card

    At the end of the term of police supervision ordered by the court the police supervisee shall surrender his identity card to an administrative officer or police officer for transmission to the officer in charge, Identification Bureau, Dar es Salaam.

10.    Copy of Rules to be annexed to identity card

    A copy of these Rules shall be annexed to each identity card issued to a police supervisee.

SCHEDULE

POLICE SUPERVISION

CRIMINAL PROCEDURE ACT (CAP. 20)

(Sections 341 to 343)

1 DIRECTIONS OF THE COURT UNDER SECTION 342 OF THE CRIMINAL PROCEDURE ACT *

TRANSFER OF RESIDENCE

(Section 342 of the Criminal Procedure Act)

    Police supervisee ........................... is hereby authorised to transfer his residence:

PERMIT TO LEAVE DISTRICT

(Section 342 of the Criminal Procedure Code)

    Police supervisee .................... is hereby authorised to leave the district in which he resides:

NOTIFICATION OF PLACE OF RESIDENCE

(Section 342 of the Criminal Procedure Act)

    Police supervisee ....................... has notified me that he resides at:

REPORTS

(Section 342 of the Criminal Procedure Act)

    Police supervisee .................... has been called upon to present himself at such place to such person and at such intervals of time as are specified hereunder:

REPORTS

(Section 342 of the Criminal Procedure Act)

    Police supervisee .............................. has presented himself at:

    Prison from which released .........................................................................................

    Date released from prison ...........................................................................................

    Date of expiry of order ................................................................................................

THE CRIMINAL PROCEDURE (HABEAS CORPUS) RULES

(Section 390)

G.N. No. 150 of 1930

1.    Short title

    These Rules may be cited as the Criminal Procedure (Habeas Corpus) Rules.

2.    Application to judge in in Chambers

    An application for the issue of directions in the nature of habeas corpus shall be made in the first instance to a judge in chambers ex parte supported by affidavit in triplicate.

3.    Issue of summons

    If the application is not dismissed the judge shall order a summons to issue directed to the person in whose custody the person alleged to be improperly detained is said to be, requiring his appearance in person or by advocate together with the original of any warrant or order for the detention, at a place and time named therein to show cause why the person so detained should not be forthwith released.

4.    Where custody is public copy of summons to be served on the Attorney-General

    The summons shall be accompanied by a copy of all affidavits lodged in support of the application and where the person detained is in public custody a duplicate of the application, the summons, and of all affidavits lodged in support thereof shall be forwarded to the Attorney-General.

5.    Affidavits in reply

    Affidavits in reply shall be filed in duplicate of which one copy shall be served on the applicant.

6.    Date of return to summons

    The date fixed for the return of the summons shall be as soon as may be convenient after its issue to permit of the attendance of the parties served.

7.    Admission to bail pending hearing

    Pending the return to the summons the person detained may, if in public custody, be admitted to bail, and if in private custody be released on such terms and conditions as the court may deem fit.

8.    Procedure at hearing

    At the hearing on the summons the applicant shall begin, the party resisting the application shall then be heard and in such case the applicant shall be entitled to reply.

9.    Order of release to be directed to Superintendent of Prisons

    If the court orders the release of the person detained in any jail, the order of the court shall be drawn up and served on the Superintendent of Prisons or other person having the custody of the person so detained.

10.    Habeas corpus ad testificandum

    Where the evidence of a person who is in public custody is required at a trial or proceeding before a civil court or before a court martial or any commissioners acting under the authority of any commission from the President, any party to such trial or proceeding may make application ex parte to a judge in chambers supported by affidavit that the prisoner be brought before such court or commissioners for the purpose of giving evidence, and the judge may thereupon direct that the prisoner be produced accordingly and that the party requiring his production lodge a sufficient sum in court to meet the costs thereof.

11.    Production of civil prisoner for trial by court martial or commissioners

    In the case of a prisoner detained in public custody whose presence is required before a court martial or commissioners acting under the authority of any commission from the President for trial, a judge in chambers may on application made by the chief military authority or on behalf of such commissioners order the prisoner to be produced before such court martial or commissioners for trial but shall not do so without first hearing the prisoner or an advocate on his behalf.

12.    Production of prisoner in court

     A judge may in addition to any order that he may make under these Rules order the body of any person alleged to be improperly detained to be produced before him in court.

THE CRIMINAL PROCEDURE (EXPENSES OF ASSESSORS AND WITNESSES) RULES

(Section 395)

G.N. No. 352 of 1964

1.    Short title

    These Rules may be cited as the Criminal Procedure (Expenses of Assessors and Witnesses) Rules.

2.    Application

    Nothing in these Rules shall apply in respect of any assessor or witness–

    (a)    in any civil proceedings; or

    (b)    who is an officer or employee of the Government.

3.    Interpretation

    In these Rules, unless the context otherwise requires, "assessing officer" means–

    (a)    in relation to the High Court, the Registrar or any Deputy or District Registrar;

    (b)    in relation to the court of a resident magistrate or a district court, the magistrate in charge.

4.    Expenses and allowances which may be awarded

    A person who, as an assessor or witness, is awarded his expenses by the High Court, a court of a resident magistrate or a district court, shall be entitled to be paid–

    (a)    his travelling expenses, at the appropriate rate prescribed in the First Schedule hereto; and

    (b)    allowances for accommodation and subsistence at the appropriate rate prescribed in the Third Schedule hereto:

    Provided that the assessing officer may, in any particular case, if he is satisfied that it is reasonable and proper having regard to prevailing conditions, allow such larger amount as he may think fit, but not exceeding the expenses actually incurred by the assessor or witness.

5.    Assessment of fares

    Where any person is entitled under these Rules to the amount of any omnibus, train or aircraft fare–

    (a)    the fare shall be that for the class of travel prescribed in the Second Schedule hereto; and

    (b)    if the assessor or witness had the opportunity of using a Government warrant, the amount of the fare shall be deemed to be the amount of the fare as payable by the Government on such warrant.

FIRST SCHEDULE
TRAVELLING EXPENSES PAYABLE TO ASSESSORS AND WITNESSES

(Rule 4(a))

SECOND SCHEDULE
CLASSES OF FARE TO WHICH ASSESSORS AND WITNESSES ARE ENTITLED

(Rule 5(a))

THIRD SCHEDULE
SUBSISTENCE ALLOWANCES PAYABLE TO ASSESSORS AND WITNESSES

(Rule 3(b))

    1. In respect of every night which the assessor or witness has necessarily to spend away from the place where he resides, for accommodation and subsistence for twenty-four hours, if his annual income–

    2. In respect of every day or part of a day in excess of six hours, not being included in any period of twenty-four hours for which provision is made in paragraph 1, between the time when the assessor or witness has to leave his residence or place of business to attend the court and the earliest time when he can arrive back, for subsistence, if his annual income–