Plea Bargaining in Tanzania.

Plea Bargaining in Tanzania: A Complete Guide under the Criminal Procedure Act, Cap. 20 R.E. 2022

Plea bargaining is a vital component of modern criminal justice systems, designed to expedite case resolution, reduce backlog, and promote efficiency. In Tanzania, plea bargaining is inserted under sections 194A to 194H of the Criminal Procedure Act [Cap. 20 R.E. 2022], following amendments made by the Written Laws (Miscellaneous Amendments) Act No. 11 of 2019.

What is Plea Bargaining?

Plea bargaining refers to a process where an accused person voluntarily agrees to plead guilty to an offence, often in exchange for concessions from the prosecution, such as a reduced sentence, dropping of other charges, or a lighter punishment. It is essentially a negotiated agreement between the accused and the prosecution, subject to court approval.

Legal Provisions: Sections 194A to 194H.

Section 194A – Initiation of Plea Bargaining.

This section provides that plea bargaining can be initiated by either the accused or the prosecution. The process may begin before the commencement of the trial or during the trial but before judgment. The parties may negotiate directly or through legal representatives. Once they reach an agreement, it must be reduced into writing and submitted to court.

Importantly, no plea agreement is valid without the prior consent of the Director of Public Prosecutions (DPP) or a State Attorney authorized by the DPP.

Section 194B – Form and Content of Plea Agreement

The plea agreement must:

• Be in writing and signed by the parties

• Be witnessed by an advocate or a competent person

• Include a voluntary admission of guilt by the accused

• State the terms of the agreement, including the offence(s) agreed upon, any sentence proposal, compensation, restitution, or forfeiture arrangements

• Be accompanied by a summary of facts and a statement confirming voluntariness

Section 194C – Court Procedure on Receiving the Agreement

Once the court receives the plea agreement, it must:

• Hold a hearing in camera (private)

• Examine the accused to ensure they understand the agreement and entered into it voluntarily, knowingly, and intelligently

• Ensure the accused understands the legal consequences, including waiving the right to a full trial and the right to appeal against conviction

If satisfied, the court records the conviction and proceeds to sentencing. If not satisfied, the court may reject the agreement.

Section 194D – Sentencing Upon Plea Agreement

Upon accepting a plea agreement, the court must:

• Consider the terms of the agreement

• Take into account any sentencing recommendations made by the prosecution

• Consider any aggravating or mitigating factors

However, the final sentence lies within the discretion of the court, meaning the judge or magistrate may adjust the proposed sentence to ensure justice.

Section 194E – Withdrawal or Rejection of Agreement

If the court finds that:

• The plea agreement was not voluntarily made

• It is contrary to the law or public interest

• The accused does not understand its consequences

Then the court may reject the agreement. Additionally, the accused may withdraw from the agreement before it is recorded. Once rejected or withdrawn:

• The plea becomes inadmissible in future proceedings

• The trial proceeds as if no agreement was made

Section 194F – Confidentiality of Plea Bargaining Process

All statements, discussions, and documents related to plea bargaining are confidential. If the agreement is rejected or withdrawn:

• None of the information from the plea negotiation may be used against the accused

• The court and parties must treat the negotiation as privileged

This provision encourages open and honest negotiation without fear of prejudice if the agreement fails.

Section 194G – Record of the Agreement

If the court accepts the plea agreement:

• It must record a conviction on the admitted charges

• The agreement becomes part of the court record

• The court must issue a sentence consistent with the agreement, subject to judicial discretion

This section formalizes the outcome and provides a legal closure to the case based on the negotiated terms.

Section 194H – Appeal Against Sentence

Although the accused waives the right to appeal against conviction, this section allows an appeal against the sentence if:

• The sentence is not in accordance with the plea agreement

• The court acted beyond its powers

This provision ensures fairness and judicial accountability in the sentencing phase.

Key Benefits of Plea Bargaining

• Speeds up case resolution, saving time and resources

• Reduces prison overcrowding

• Encourages restitution and compensation to victims

• Allows the accused to take responsibility with dignity

• Helps decongest courts and improve access to justice

Limitations and Cautions

• Not suitable for serious offences (e.g., murder, terrorism) unless approved by the DPP

• Requires genuine voluntariness

• Relies heavily on the competency of counsel and fairness of prosecution

• Can be misused if not properly supervised