The Taking and Recording of Evidence in Criminal Proceedings in Tanzania.

The Taking and Recording of Evidence in Criminal Proceedings in Tanzania: A Breakdown of Sections 210–215 of the Criminal Procedure Act [CAP. 20 R.E. 2022]

In the administration of criminal justice, the process of taking and recording evidence plays a central role in protecting the rights of both the accused and the prosecution. The Criminal Procedure Act [CAP. 20 R.E. 2022] provides detailed guidance under sections 210 to 215 on how evidence is to be taken and recorded in criminal proceedings before magistrates and in the High Court.

1. Manner of Recording Evidence Before a Magistrate (Section 210).

Section 210 mandates that in trials before a magistrate (excluding those under section 213), the evidence of each witness must be recorded in writing, in the language of the court, by the magistrate or under their direction. The magistrate must sign this record, making it part of the official proceedings. Generally, this evidence should be in narrative form rather than a strict question-and-answer format, though specific questions and answers can be recorded at the magistrate’s discretion. Additionally, each witness has the right to have their evidence read back to them, and if requested, any comments made by the witness must be noted.

2. Interpretation of Evidence (Section 211).

This section upholds the right of the accused to understand the proceedings. If the evidence is presented in a language the accused does not understand, it must be interpreted to them in open court. Similarly, if the accused is represented by an advocate who does not understand the language used, interpretation must be provided in the court’s language. When documents are introduced for formal proof, the court has discretion to interpret only the parts it deems necessary.

3. Remarks on Witness Demeanour (Section 212).

Section 212 requires the magistrate to record any material remarks about a witness's demeanour during examination. This includes observations about the witness’s behaviour, attitude, and manner while testifying, which can influence the court's assessment of credibility.

4. Special Procedure for Minor Offences (Section 213).

Recognising the need for efficiency in handling minor cases, section 213 allows magistrates to try certain petty offences without the need for a full evidentiary record. Instead, a summarized record of specific particulars—such as the offence, plea, finding, sentence, and identities of the parties—is kept. Offences eligible under this section include those punishable by up to six months’ imprisonment or a fine of up to 1,000 shillings, common assault, petty theft (property value below 50,000 shillings), and other minor crimes as designated by the Chief Justice. However, if the magistrate deems the case unsuitable for such summary handling, they may revert to the standard procedure and rehear the case accordingly.

5. Change of Magistrate Mid-Trial (Section 214).

This provision addresses continuity in the event a magistrate cannot complete a trial or committal proceedings. A succeeding magistrate with jurisdiction may take over the case, using the recorded evidence from the predecessor. They also have the discretion to re-summon witnesses and recommence the trial if necessary. The High Court retains supervisory power and may order a new trial if it finds that the change of magistrate has prejudiced the accused. Interestingly, a magistrate who has recorded all evidence but is unable to deliver the judgment may still write and submit it to the new magistrate, who will read it out and pronounce the sentence.

6. Evidence Recording in the High Court (Section 215).

Lastly, section 215 gives the High Court the authority to make rules governing how evidence should be recorded in its proceedings. These rules may dictate that either the full evidence or its substance be documented, ensuring flexibility while maintaining procedural integrity.

Conclusion

Sections 210 to 215 of the Criminal Procedure Act provide a structured framework for ensuring fairness, transparency, and procedural accuracy in criminal trials in Tanzania. They ensure that evidence is properly recorded, interpreted, and reviewed while accommodating the practical realities of minor offences and judicial transitions. These provisions underscore the judiciary’s commitment to protecting due process and the right to a fair trial for all parties involved.