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

(1)

(a)   Principal Water Officer

The whole of Tanzania Mainland

Water Utilisation (Control and Regulation) Act (Cap. 331).

(b)   Regional Water Engineer

Within the region of which he is in charge

(c)   Deputy/Assistant Regional Water Engineer

Within the region of which he is in charge

(2)

Secretary of the Rent Tribunal

The whole of Mainland Tanzania

Rent Restriction Act (Cap. 339).

(3)

(a)   Tax Inspectors of Ministry of Finance


(b)   Finance Officers of Ministry of Finance

The whole of Mainland Tanzania

(a)   Probate and Administration of Estates Act (Cap. 352) in relation to estate duty matters;


(b)   Entertainments Tax Act (Cap. 104);


(c)   Stamp Duty Act (Cap. 189);


(d)   Motor Vehicles (Tax on Registration and Transfer) Act (Cap. 124);


(e)   Hotel Levy in relation to Hotels Act (Cap. 105);


(f)   Business Licensing Act (Cap. 208); and


(g)   Institute of Development Management Act (Cap. 93).

(4)

All Registrars Deputy Registrars and Assistant Registrars appointed under the Companies Act

(a)   Companies Act (Cap. 212);


(b)   Business Names (Registration) Act (Cap. 213);


(c)   Patents (Registration) Act (Cap. 217);


(d)   Trade and Service Marks Act (Cap. 326);


(e)   National Industries (Licensing and Registration) Act (Cap. 46).

(5)

All Health Inspectors, Health Officers, Health Education Officers and Environment Health Officers under the service of the Government, or a local government authority

(a)   Food (Control of Quality) Act (Cap. 344);


(b)   Public Health (Sewerage and Drainage) Act (Cap. 336);


(c)   Infectious Diseases Act (Cap. 96);


(d)   Local Government (District Authorities) Act (Cap. 287);


(e)   Local Government (Urban Authorities) Act (Cap. 288);


(f)   Mosquitoes Control Act (Cap. 99);


(g)   Intoxicating Liquors Act (Cap. 77);


(h)   Dairy Industry Act (Cap. 262);


(i)   Internationally Notifiable Diseases (Prevention) Act (Cap. 73).

(6)

All Collectors of Customs

Within the region in which they may be stationed

Customs (Management and Tariff) Act (Cap. 403).

(7)

Medical Officers and Health Inspectors

Within the region in which they may be stationed

Infectious Diseases Act (Cap. 96); Food (Control of Quality) Act (Cap. 344); Minor Settlements Act (R.L. Cap. 102); Mosquitoes (Control) Act (Cap. 99).

(8)

Every gazetted officer of the Police Force and every officer of such Force not being below the rank of Sub-Inspector with authority to act

Throughout Tanzania

Police Force and Auxiliary Services Act (Cap. 322).

(9)

Sampling Officers

Food (Control of Quality) Act (Cap. 344).

(10)

Inspectors

Explosives Act (Cap. 45).

(11)

Principal Immigration Officer and other Immigration officers

Throughout Tanzania

Immigration Act (Cap. 54).

(12)

Chief Inspector of Weights and and all other Inspectors of Weights and Measures

Throughout Tanzania

Weights and Measures Act (Cap. 340).

(13)

Senior Forest Officers

Throughout Tanzania

Forests Act (Cap. 323).

(14)

Senior Labour Officer Grade I Senior Labour Officer Grade II
Labour Officer Grade I Labour Officer Grade II Senior Labour Inspector Labour Inspector Grade I

Throughout Tanzania

Workers' Compensation Act (Cap. 263).

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:

G.N. No. 115 of 1991

The Criminal Procedure (Extension of Jurisdiction) Order.

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.

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