The Contents and Mode of Delivery of Judgments in Criminal Cases in Tanzania.

The Contents and Mode of Delivery of Judgments in Criminal Cases in Tanzania.

By Tanzanian Web Legal Team

In the administration of criminal justice in Tanzania, the delivery and content of judgments are governed by clear legal provisions aimed at ensuring transparency, fairness, and procedural consistency. The Criminal Procedure Act outlines the process for rendering judgments, their essential contents, and the rights of parties involved to access such decisions. Below is a summary of key provisions governing judgment.

1. Mode of Delivering Judgment (Section 311)

Judgments in criminal cases must be delivered in open court either immediately after the trial concludes or as soon as possible within a maximum period of ninety days. Parties or their advocates must be notified in advance of the date of delivery. If the decision is already in writing at the time of pronouncement, the judge or magistrate may summarize its substance aloud unless either party objects.

Where the accused is in custody, they must be physically brought to court to hear the judgment. If they are not in custody, they are required to attend unless their attendance during the trial was previously dispensed with and the judgment is only a fine or an acquittal.

In cases involving multiple accused persons, judgment may be delivered in the absence of one or more accused to avoid delay. Importantly, the validity of a judgment is not affected by the absence of any party or lawyer on the judgment day or by any failure or defect in serving notice, although such notice must generally be provided. These rules are without prejudice to Section 299 of the Act.

2. Content of Judgment (Section 312)

Every judgment must be written by or under the supervision of the presiding judicial officer in the official language of the court. It must include:

• The points for determination;
• The decision on each point;
• The reasons for each decision;
• The date and the signature of the presiding judge or magistrate as of the day it is delivered in open court.

If the accused is convicted, the judgment must:

• Specify the offence committed;
• Cite the relevant section of the Penal Code or other applicable law;
• State the punishment imposed.

If the accused is acquitted, the judgment must:

• State the offence of which the accused is acquitted;
• Direct that the accused be set at liberty.

Furthermore, if an accused is acquitted at any stage of the trial, they must provide a permanent address for possible future service in the event of an appeal.

3. Right to Obtain a Copy of the Judgment (Section 313).

An accused person has the right, upon application, to receive a copy of the judgment free of charge. If they request a translation in their own language, this must also be provided without delay if practicable.

Any other interested party or person affected by the judgment may obtain a copy upon application and payment of the prescribed fee, unless the court chooses to waive the fee for valid reasons.