Process to Compel the Appearance of Accused Persons through Summons (Sections 100–109 of the Criminal Procedure Act).

Process to Compel the Appearance of Accused Persons through Summons (Sections 100–109 of the Criminal Procedure Act)

Summons.

The law provides a structured and hierarchical process to compel the appearance of accused persons before a court through summons, particularly when arrest is unnecessary or inappropriate. Section 100 outlines the formal requirements of a summons, emphasizing that it must be in writing, duplicated, signed, and sealed by the court authority, and must state the time, place, and nature of the offence.

Section 101 mandates that summons be served personally, preferably by a police officer, court official, or any other person directed by the court. The recipient may be required to sign a receipt. If personal service fails, Section 102 permits service on an adult family member, servant, or employer, again with a signed acknowledgment. Section 103 allows for substituted service by affixing the summons to a visible part of the accused’s residence if previous methods fail despite due diligence.

For government or public corporation employees, Section 104 provides for service via the head of the relevant department, who must arrange service and return the summons endorsed. For incorporated companies, Section 105 allows service on a principal officer at the registered office or by registered post, with postal delivery considered sufficient.

Section 106 ensures that failure of a corporate representative to appear or plead results in a “not guilty” plea being entered automatically, and trial proceeds accordingly. Section 107 provides for service outside the issuing court’s jurisdiction by forwarding the summons to a magistrate in the area where the accused resides.

Proof of service when the serving officer is absent is covered in Section 108, allowing affidavit evidence to stand unless rebutted. Finally, Section 109 authorizes corporate appearance through an advocate or officer, who is deemed fully empowered to represent the corporation, regardless of its internal governance documents. 

Warrant of Arrest

A warrant of arrest may be issued even after a summons has been issued (s.110), provided there is a complaint made on oath or by a police or authorized local government officer. If an accused person fails to appear as required by summons and their personal attendance hasn't been excused (s.111), the court may issue a warrant of arrest, including for corporations through their officers. Every warrant of arrest must be signed by a judge or magistrate, bear the court’s seal, state the offence, describe the accused, and instruct the apprehension and presentation of the accused to court (s.112). Warrants remain in force until executed or cancelled. A court may endorse a warrant to allow release on bond except in cases of murder or treason, specifying sureties and bond amounts (s.113). 

Warrants can be directed to individual or multiple police officers, all police officers within the jurisdiction, or even authorized local government officers or civilians in urgent situations (s.114), including landholders and farm managers for arresting escapees or accused persons who evade pursuit (s.115). Any police officer named on the warrant may execute it (s.116), and upon execution, the officer must notify the arrestee of the warrant’s substance and show it upon request (s.117). The arrested person must be promptly brought before a competent court without unnecessary delay (s.118). Warrants can be executed anywhere within Tanzania (s.119). For execution outside the issuing court’s jurisdiction, the warrant may be sent to a magistrate in the area concerned (s.120), or a police officer may seek endorsement from such a magistrate (s.121), unless delay would hinder execution. 

If arrest occurs outside the jurisdiction, the arrestee should be presented before the local magistrate unless the issuing court is nearer (s.122), and the magistrate may either remand or allow bail/security as per the warrant’s endorsement. Finally, irregularities or variances in the warrant do not invalidate proceedings unless they mislead the accused, in which case an adjournment may be granted (s.123).