Procedure in Criminal Trials Before the High Court of Tanzania.

Procedure in Criminal Trials Before the High Court of Tanzania.

The procedure in criminal trials before the High Court of Tanzania is governed by the Criminal Procedure Act [Cap. 20 R.E 2022] and supplemented by relevant judicial practice and statutory rules. The following explanation provides a comprehensive analysis of the statutory provisions governing the High Court’s criminal jurisdiction, particularly focusing on practice and mode of trial, the role and management of assessors, arraignment of the accused, and procedural aspects of trial management.

(a) Practice and Mode of Trial

Section 264 of the Criminal Procedure Act empowers the High Court to regulate its own practice in the exercise of its criminal jurisdiction, provided such regulation conforms with the Act and other applicable laws. This provision ensures judicial flexibility and autonomy, enabling the court to adapt procedures in line with justice and efficiency.

Under section 265, the High Court may, when it considers necessary for the interest of justice, sit with not less than two assessors. However, the opinions of assessors are advisory, and the judge is not bound by them. Additionally, subsection (2) allows the court to seek guidance from amicus curiae—a neutral party who assists by providing expertise on legal or factual matters. The Chief Justice is vested with the authority to create procedural rules for cases involving amicus curiae, ensuring structured participation of such advisers.

(b) Role and Appointment of Assessors

Section 266 outlines the general liability to serve as assessors. All Tanzanian citizens aged between 21 and 60 years, unless disqualified or exempted, are obligated to serve. Disqualification arises primarily from moral concerns, such as past criminal convictions exceeding six months involving moral turpitude. Notably, a trial remains valid even if an assessor later turns out to be disqualified or exempted.

Section 267 provides exemptions from assessor service. Exempt categories include government officials like ministers, MPs, judges, magistrates, clergy, medical professionals, legal practitioners in active practice, armed forces personnel, and persons with physical or mental infirmities. Furthermore, the Chief Justice holds discretion to exempt other public officers or individuals from service.

Crucially, under section 268, sex or marital status does not automatically exempt a person from assessor duty. However, courts have discretion to constitute an assessor panel comprising only men or women, particularly when requested due to the sensitive nature of evidence or case issues.

(c) Attendance of Assessors

The process of summoning assessors is detailed under section 269. At least 14 days before a High Court session, the Registrar instructs the local magistrate to summon a requisite number of assessors. These assessors are selected based on suitability and legal liability under section 266. Subsection (3) allows delegation of this task to administrative officers where necessary.

Section 270 mandates that summons must be in writing and specify time and place for attendance. Should a summoned individual believe they are exempt or disqualified under section 267, section 271 permits them to object before a magistrate. If the objection is valid, the summons is rescinded. Personal appearance is mandatory, except for those exempted under paragraph (g) of section 267, where an authorized representative may appear.

Section 272 allows the High Court to excuse assessors from attendance for reasonable cause and may exempt them from future service for up to twelve months after participation. Section 273 requires the preparation of a list of all assessors who attended each session.

Failure to attend without lawful excuse triggers penalties under section 274. An absentee assessor may be fined up to five hundred shillings, recoverable through attachment and sale of personal property. Continued failure to pay may lead to civil imprisonment for up to fifteen days, although the court retains discretion to remit or reduce the fine.

(d) Arraignment and Trial Procedures

Section 275 deals with arraignment. The accused must be brought before the court unfettered unless otherwise ordered and be read the information (charge sheet). The contents must be explained or interpreted as necessary, and the accused is required to plead immediately unless they were not served with the information, in which case the trial cannot proceed until proper service is effected. Upon pleading, the court is required to record the accused’s permanent address.

Section 276 deals with objections, amendments, and procedural directions. Formal defects in the information must be raised immediately after it is read. If the information is found defective at any stage, the court may order amendments to reflect the case’s needs, provided the amendment does not cause injustice. Such amendments are endorsed and treated as part of the original filing.

Where multiple charges may cause prejudice or confusion, the court may order separate trials. Additionally, if postponement is necessary due to such procedural changes, the court may adjourn the trial and make appropriate directions regarding bail or recognizance. The court also retains broad powers to manage its process effectively under this section.

Section 277 (partially referenced) provides that an information (charge) that fails to disclose an offence and cannot be cured by amendment may be quashed, thereby terminating the proceedings.

Before assessors are selected and the trial commences, certain preparatory procedures take place. Under section 278, when an accused person appears before the High Court for trial, the information (formal charge) must be read and explained to them in a language they understand. They are then required to plead. This ensures that the accused clearly understands the nature of the charges, which is fundamental to the right to a fair trial.

Following this, section 279 provides that if the accused pleads guilty to the offence charged, the plea must be recorded, and the court may proceed to convict and sentence them accordingly. However, if the plea is equivocal or does not amount to an unqualified admission of guilt, the court shall enter a plea of not guilty and proceed to trial.

If the accused pleads not guilty, section 280 allows them to raise objections regarding any defects in the information or the form of the charge. If such objections are upheld, the court may quash the charge or require it to be amended. However, if not upheld, the court proceeds with the trial.

Section 281 gives the court power to order amendments to the information before or during the trial to ensure accuracy and clarity. This may include correcting clerical or technical errors that do not prejudice the accused. The accused must be informed of the amendment, and if necessary, may be granted an adjournment to prepare a defence.

Under section 282, the accused is entitled to inspect the information and obtain copies of witness statements or any other documents intended to be used by the prosecution. This disclosure ensures adequate preparation of the defence.

Section 283 provides that the trial shall be conducted in open court and in the presence of the accused, unless they voluntarily abscond or misconduct themselves in court, in which case the court may proceed in their absence.

Section 284 gives the court the authority to postpone or adjourn the trial at any stage if necessary, for reasons such as the absence of material witnesses, illness, or any other sufficient cause. However, adjournments should be granted judiciously to prevent unreasonable delays in the administration of justice.

(e) Selection of Assessors

The selection and participation of assessors in criminal trials before the High Court of Tanzania are governed primarily by section 285 of the Criminal Procedure Act, which empowers the Chief Justice to make rules regarding the procedure for selecting assessors. These rules cover their qualifications, how evidence is to be summed up to them, and how their opinions are to be taken. This ensures that assessors are selected transparently and their role is regulated in a manner that upholds the fairness of criminal trials.

According to section 286, the trial must begin in the presence of the accused and with at least two assessors. If an assessor is prevented from continuing due to sufficient cause and their immediate presence is not practicable, the trial may continue with the remaining assessors provided they are not less than two. Their opinions, whether unanimous or by majority, will still be considered by the judge. Further, under section 287, assessors are required to attend every adjourned sitting of the court until the conclusion of the trial, unless excused for sufficient cause.

Once assessors are seated, the trial begins with the prosecution presenting its case under section 288. The prosecution may call witnesses and produce evidence, including witnesses not listed during committal proceedings, provided that reasonable notice is given to the accused or their advocate, in writing, outlining the nature of the evidence this promotes procedural fairness. Cross-examination of prosecution witnesses by the defense is allowed under section 289, and the prosecution may re-examine its witnesses.

Medical reports are admissible under section 291 upon notice, but the accused may demand that the medical officer be summoned for cross-examination. If the medical officer is unavailable due to death or other reasons, the report may still be admitted with court approval. Under section 293, statements made by the accused during committal proceedings are admissible without further proof unless their authenticity is contested by the accused.

After the prosecution has closed its case, section 294 requires the court to assess whether a prima facie case has been established. If not, the accused is entitled to an acquittal. If a prima facie case exists, the accused is called to present a defence as provided under section 295. The accused may give sworn evidence and call witnesses. Under section 296, the prosecution has a right of reply only where the accused has raised a point of law or called witnesses other than themselves. If the accused does not testify or call witnesses, only the prosecution sums up.

Once the defence case concludes, the judge sums up the case to the assessors as per section 298, after which each assessor gives an opinion orally in open court. The judge must consider these opinions but is not bound by them. If the court convicts the accused, sentencing follows.

If the judge who partly heard the case is unable to complete it, section 299 permits another judge to continue from where the predecessor left off, relying on the recorded evidence. The new judge may re-summon witnesses or order a retrial. Furthermore, section 300 allows a new judge or magistrate to deliver a judgment written by a predecessor who is no longer available, and to proceed to sentence the accused.