Examination of Witnesses under the Criminal Procedure Act (CPA) of Tanzania.

Examination of Witnesses under the Criminal Procedure Act (CPA) of Tanzania

In the criminal justice system of Tanzania, the examination of witnesses is a fundamental aspect of ensuring fair trial procedures. Criminal Procedure Act [Cap. 20 R.E. 2022]  outlines how witnesses are examined, the admissibility of expert evidence, and the rights of the accused during trial. This blog post discusses sections 195 to 205A of the CPA to provide a full understanding of these legal provisions.

Section 195: Power to Summon and Examine Witnesses

The court has broad powers to summon any person to testify at any stage of the proceedings, even if they were not originally summoned. The court may also recall and re-examine any person previously examined if their evidence is essential to achieving justice. Moreover, both the prosecution and the defence have the right to cross-examine such a person, and the court must adjourn if necessary to allow that process.

Section 196: Evidence to Be Taken in the Presence of the Accused

Unless otherwise provided, all evidence in a criminal trial must be taken in the presence of the accused. This reinforces the right to a fair trial by ensuring the accused can hear and challenge the evidence against them.

Section 197: Exceptions – Evidence in Absence of the Accused

The court may allow evidence to be taken in the absence of the accused if:

• The accused is behaving disorderly and disrupts the proceedings;

• The accused is ill but represented by counsel and consents to proceedings continuing in their absence.

In such circumstances, the court may proceed and even pass judgment while the accused is absent.

Section 198: Evidence Given on Oath

Every witness must testify under oath or affirmation as per the Oaths and Statutory Declarations Act. If an accused elects to remain silent upon being called to testify, the court may draw adverse inferences, and both the court and prosecution may comment on this silence.

Section 199: Refractory Witness

If a witness refuses to testify, produce evidence, or sign their statement without sufficient reason, the court may jail the witness for up to 8 days, with the power to continue this cycle until compliance is achieved.

Section 200: When Accused is Sole Defence Witness

If the accused is the only defence witness, they must testify after the prosecution closes its case. The court has discretion to adjourn the hearing to a set time and place communicated in open court.

Section 201: Right of Reply

Calling the accused as a witness does not automatically grant the prosecution a right of reply. However, this right is always reserved for the Attorney General, Deputy Attorney General, Director of Public Prosecutions, or their representatives.

Section 202: Certificate for Photographic Evidence

A photographic certificate prepared by an authorized officer (appointed by the Attorney General) can be used as evidence in criminal proceedings. The court may presume the certificate’s authenticity unless the defence requests the officer to appear for examination.

Section 203: Government Analyst Reports

A signed report from a Government analyst is admissible in court. The court may presume the authenticity and official capacity of the analyst, and may summon them for clarification if not presented during an inquiry. The term “Government analyst” includes pathologists and other appointed experts.

Section 204: Fingerprint Expert Reports

A fingerprint report signed by an officer appointed by the DPP is admissible. The court may presume its authenticity. Upon request by the accused or discretion of the court, the expert must be made available for cross-examination. The definition of “fingerprint” includes palm, toe, and foot impressions.

Section 205: Handwriting Expert Reports

A handwriting report prepared by a designated officer and formatted as per the Fourth Schedule of the Act is admissible. It may include supporting photographic evidence. The court may presume its authenticity and must allow cross-examination if the accused or counsel so requests.

Section 205A: Cyber-Forensic and Other Expert Reports

Introduced by Act No. 7 of 2018, this section permits expert reports from cyber-forensic or ballistic experts, among others, to be admitted as evidence. Courts may presume the report and signature are genuine and that the expert held the qualifications they claimed.