What Happens When an Accused Person Is Mentally Ill or Cannot Defend Himself in Tanzania?

What Happens When an Accused Person Is Mentally Ill or Cannot Defend Himself in Tanzania?

In Tanzania, when a person is brought before a court for a criminal offence but appears to be mentally ill or unable to understand and defend himself properly, the law provides special steps to be followed. These steps are clearly written under sections 216 to 221 of the Criminal Procedure Act, Cap. 20 [R.E. 2022]. The purpose is to ensure that the rights of mentally ill accused persons are protected and that justice is properly served.

According to section 216, if the court thinks that the accused is mentally unfit to defend himself, it must first listen to the prosecution’s case. If there is no strong evidence to support the charge, the court will release the accused person and take necessary actions under the Mental Health Act. However, if there is enough evidence, the court will not continue with the trial immediately. Instead, it will order that the accused be medically examined. Depending on the situation, the court may order the accused to stay in a mental health hospital or allow him to remain on bail while undergoing the examination. A doctor’s report must be submitted to the court within 42 days.

If the doctor finds that the accused has recovered and is now mentally fit, section 217 requires the doctor to notify the court and also inform the Director of Public Prosecutions (DPP). If the DPP decides that the case should continue, the accused will be brought back to court for the case to proceed. If the DPP believes that the case should not continue, the court may release the accused or take further action under the Mental Health Act.

Once the court receives the medical report or the DPP gives instructions for the case to continue, section 218 guides how to resume the case. If the case was only adjourned because the court was unsure about the accused’s mental state, it can continue from where it stopped. But if the case was adjourned because the accused was confirmed to be mentally ill, the trial must start again from the beginning.

Section 219 deals with situations where the accused claims that he was insane at the time he committed the offence. In this case, the court must listen to evidence from both sides. If the court finds that the accused did the act but was insane at the time, it will enter a special finding of "not guilty by reason of insanity." If the offence committed is serious such as causing death, serious injury, destroying property, or any offence that carries a sentence of death or at least seven years in prison the court must order that the accused be kept in a mental hospital or other safe place. If the offence is minor, the court may allow the person to go home with certain conditions, or take action under the Mental Health Act.

Section 220 provides a system for monitoring mentally ill persons who have been placed in a mental hospital or other institution. The law requires that medical reports be submitted to the Minister every three years, and later every two years, to show the current condition of the person. If the person is found to be mentally healthy and not dangerous, the Minister can order for his release, either unconditionally or with certain conditions. The person can also be moved to another safe place or institution if needed.

Section 221 covers the situation where a person was mentally fit when the offence was committed, but became mentally ill after the arrest and before the trial. In such a case, the court will not continue with the trial until the accused becomes mentally fit again. Once the person has recovered, the case will continue as normal.

These steps ensure that such individuals are protected and treated fairly, while also considering public safety. The court works closely with medical doctors, the DPP, and the Ministry of Health under the Mental Health Act to ensure that justice is done. All these procedures are set out in sections 216 to 221 of the Criminal Procedure Act, Cap. 20 [R.E. 2022].