Accelerated Trial and Disposal of Criminal Cases in Tanzania: Key Procedures and Legal Innovations

Accelerated Trial and Disposal of Criminal Cases in Tanzania: Key Procedures and Legal Innovations

In a bid to ensure justice is delivered without unnecessary delay, Tanzanian criminal procedure law provides various mechanisms to facilitate the accelerated trial and disposal of cases. These provisions, largely found under sections 192 to 194D of the Criminal Procedure Act [Cap. 20 R.E. 2022], are designed to promote efficiency, fairness, and reduced backlog in the judicial process.

1. Preliminary Hearing (Section 192)

When an accused person pleads not guilty, the court is required to conduct a preliminary hearing as soon as possible. This hearing takes place in open court and in the presence of the accused, their advocate (if represented), and the public prosecutor. The aim is to identify matters not in dispute and thereby streamline the trial. At the end of the hearing, a memorandum of agreed facts is prepared, signed, and filed. Any agreed fact or document is deemed to be proved unless the court, in the interest of justice, orders otherwise during trial. Whenever possible, the trial begins immediately after the preliminary hearing.

2. Pleading Guilty without Appearing in Court (Section 193)

A person charged with a warrant offence punishable only by a fine or imprisonment not exceeding six months may plead guilty in writing or through an advocate, eliminating the need to attend court physically. This saves time and court resources. However, if the accused fails to pay a fine imposed in their absence, the court may issue a summons or a warrant of arrest. Furthermore, where previous convictions are alleged and not admitted, personal appearance may be required.

3. Pleading Guilty to Non-Warrant Offences (Section 194)

Accused persons charged with non-warrant offences (excluding those punishable by death or life imprisonment) may request in writing to have their case disposed of swiftly by pleading guilty. If the plea is accepted, the magistrate handles sentencing unless the case must be referred to the High Court. Notably, if the accused does not plead guilty or only pleads to part of the charge, such plea is rejected, and the case proceeds normally. Importantly, if an accused wishes to rely on an alibi defence, notice must be given before the hearing or at the latest before the close of the prosecution’s case.

4. Plea Bargaining (Sections 194A–194H)

Introduced by the Written Laws (Miscellaneous Amendments) Act No. 11 of 2019, plea bargaining allows for negotiated agreements between the prosecution and the accused. This can result in reduced charges, withdrawal of some counts, or agreements on compensation, restitution, or forfeiture. The agreement must be in writing, witnessed by an advocate or legally competent representative, and include detailed terms and facts. The Director of Public Prosecutions must approve all such agreements. Once registered and accepted by the court, the agreement becomes binding and part of the court record. The court ensures the agreement was voluntary and entered into by a competent person.

Conclusion

The Tanzania legal framework for accelerated trial and disposal of criminal cases reflects a modern approach to justice balancing efficiency, fairness, and the rights of the accused. By promoting preliminary hearings, accepting written guilty pleas, encouraging early disclosure of defences such as alibi, and enabling plea bargaining, the system aims to reduce delays and enhance access to justice.