Transfer of Criminal Cases in Tanzania

Transfer of Criminal Cases in Tanzania: Understanding Sections 189 and 190 of the Criminal Procedure Act.

The administration of criminal justice requires that cases be tried by courts that have proper jurisdiction over them, both territorially and legally. Sometimes, however, a case is brought before a court that does not have jurisdiction. In such circumstances, the Criminal Procedure Act [Cap. 20 R.E. 2022] provides mechanisms for transfer of cases, specifically under Sections 189 and 190.

1. Transfer of Case Where Offence Was Committed Outside Jurisdiction (Section 189)

Section 189(1) empowers a court to transfer a case to the appropriate court if, during the hearing of a complaint, it becomes clear that the offence occurred outside the court’s jurisdiction. The decision to transfer lies within the court's discretion, ensuring that the matter is handled by a competent court in the location where the offence took place.

If the accused is in custody, the transferring court may order that the accused remain in custody and be taken before the court that has proper jurisdiction. A warrant will be issued, and the relevant documents—including the complaint and recognisances—will be handed to the police officer executing the transfer (Section 189(2)).

If the accused is not in custody, the court will inform them of the transfer and still ensure that the documents are transmitted properly. These documents will be treated by the new court as if it had taken them itself (Section 189(3)).

This section ensures that cases are heard in the right location, which is essential for fairness, witness convenience, and proper investigation of the matter.

2. Transfer of Cases Between Magistrates (Section 190)

Section 190 allows a district magistrate to transfer cases either within or beyond their jurisdiction:

Under paragraph (a), a district magistrate may transfer any case they have taken cognizance of to any subordinate court within their jurisdiction that is competent to handle it. This is typically done for administrative efficiency.

Under paragraph (b), the magistrate may also transfer a case to a court outside their jurisdiction if doing so would be in the general convenience of the parties or witnesses. This provision supports access to justice by reducing unnecessary hardship or travel for parties involved.

Conclusion

The provisions under Sections 189 and 190 of the Criminal Procedure Act are essential for maintaining order and fairness in the handling of criminal cases. They ensure that each case is heard in the right court, by the right magistrate, and in the right location, enhancing both procedural compliance and practical convenience for all parties.