Sentencing Procedures on Criminal Cases Before the High Court in Tanzania.

Sentencing Procedures on Criminal Cases Before the High Court.

In Tanzania, the process of sentencing in criminal cases, especially those handled by the High Court, follows a structured procedure that aims at ensuring justice is administered lawfully and fairly. This article summarizes the essential legal provisions governing the pronouncement of sentences, motions before sentencing, and specific procedures relating to the death penalty before High Court.

1. Sentencing Procedures in the High Court

According to section 314 of the Criminal Procedure Act, once an accused person has been convicted or pleads guilty, the Registrar or another officer of the court must formally ask the accused whether they have anything to say before sentencing. Although this step is crucial, its omission does not invalidate the proceedings.

Before a sentence is passed, the accused is also permitted, under section 315, to raise a motion in arrest of judgment. This motion can be made if the accused believes the charge does not disclose an offence that the court has jurisdiction to try. If successful, the accused is discharged from that charge.

In the absence of such a motion, or if the court decides against it, section 316 empowers the court to pronounce the sentence at any point during its sessions.

2. Judicial Discretion on Questions Raised During Trial

Sections 317 and 318 allow the court to reserve its decision on complex legal questions arising during the trial. Such questions can be referred to a panel of two or more High Court judges, especially if they may affect the outcome of the trial. The High Court can then review the case and revise the sentence or judgment as necessary.

3. Grounds That Cannot Delay Judgment

Under section 319, a judgment shall not be stayed due to minor objections that could have been resolved during the trial, such as defects in the information or the swearing of witnesses.

4. Evidence Before Sentencing

Before issuing a sentence, section 320 permits the court to consider any relevant evidence to determine an appropriate punishment. Further, under section 321, the High Court may take into account other offences committed by the accused (though not yet convicted) for purposes of sentencing, provided the accused admits those offences and consents to their consideration. However, the final sentence must not exceed the statutory maximum for the principal offence.

5. Sentence of Death and Its Execution

Section 322 provides that when a death sentence is imposed, it shall be by hanging. The sentencing judgment must explicitly state that the person is to suffer death by hanging.

Following the sentence, section 323 mandates that the accused be informed of their right to appeal and the time frame within which they must file such an appeal.

To facilitate detention, section 324 states that a certificate signed by the Registrar confirming the sentence of death is sufficient legal authority for the condemned person to be detained.

6. Presidential Review and Final Decision

In accordance with section 325, after the final confirmation of the death sentence, either because no appeal was filed or the appeal was unsuccessful, the presiding judge or magistrate must submit a full trial report and recommendations to the President. After review, the President may issue a warrant for execution, commute the sentence to a lesser punishment, or grant a pardon. These decisions are communicated through a formal order or warrant under the President’s hand and seal of the United Republic.

If execution is ordered, the warrant must specify the location and time, as well as the arrangements for burial. Commutation orders and pardons must also clearly state the new sentence or the conditions of the pardon.