Revisional Powers of the High Court over Subordinate Courts in Tanzania.

Revisional Powers of the High Court over Subordinate Courts in Tanzania.

The High Court of Tanzania exercises both appellate and revisional jurisdiction over subordinate courts. Revisional jurisdiction is there to ensure legality, propriety, and fairness in criminal proceedings conducted by subordinate courts. The Criminal Procedure Act [Cap. 20 R.E. 2022], particularly sections 373 to 376, vests the High Court with wide-ranging revisional powers, either on its own motion or upon the report or call for a record.

1. Scope of Revisional Jurisdiction (Section 373).

Section 373(1) empowers the High Court to revise any proceedings of a subordinate court that have been brought to its attention by way of report, record call-up, or other means. In case of a conviction, the High Court may exercise the same powers conferred upon it as a court of appeal under sections 366, 368, and 369, including enhancing the sentence. For any other order, excluding an acquittal, the court may alter or reverse such an order. Notably, a special finding under section 219(1) is not deemed an acquittal and can thus be revised.

2. Protection Against Prejudice (Section 373(2)).

The law provides significant protection to accused persons by mandating that no revisional order shall be made to their prejudice unless they are given a chance to be heard either personally or through an advocate. However, this protection does not apply to orders made under section 129, such as those related to maintenance, which are deemed not to prejudice the accused under this context.

3. Limitation on Punishment (Section 373(3)–(5)).

A unique aspect of the revisional power is the limitation on the High Court's authority to impose punishments beyond the jurisdiction of the trial court. Generally, the High Court cannot inflict a heavier sentence than that which the subordinate court could have imposed. However, an exception exists in sexual offence cases, where the High Court may impose a harsher penalty if justice so demands, even beyond the sentencing power of the lower court, treating the matter as though it were on appeal.

Furthermore, the High Court may convert an acquittal into a conviction if required in the interests of justice, thereby emphasizing its overarching authority to correct miscarriages of justice.

4. Discretion to Hear Parties (Section 374).

While parties to a case under revision have no absolute right to be heard, section 374 grants the High Court discretionary power to hear them. This discretion reinforces judicial flexibility while preserving the rights of accused persons under section 373(2), which remains unaffected by this provision.

5. Composition and Effect of Judicial Division (Section 375).

Revisional proceedings in the High Court may be heard by a single judge. However, when more than one judge is involved and their opinions are equally divided, the decision of the subordinate court stands upheld. This proviso ensures finality and avoids a procedural deadlock in cases of judicial disagreement.

6. Certification of Orders to Subordinate Courts (Section 376).

Once the High Court has revised a case, it must certify its decision to the subordinate court that issued the original sentence or order. That court is then bound to implement the High Court’s decision and make necessary amendments to the court record to align with the revised judgment.