PART VII
PROCEDURE IN TRIALS BEFORE SUBORDINATE COURTS

(a) Provisions relating to the Hearing and Determination of Cases

235.-(1) The court, having heard both the complainant and the accused person and their witnesses and the evidence, shall convict the accused and pass sentence upon or make an order against him according to law or shall acquit him or shall dismiss the charge under section 38 of the Penal Code.

(2) If the court acquits the accused, it shall require him to give his permanent address for service in case there is an appeal against his acquittal and the court shall record or cause it to be recorded.


236. The court may, before passing sentence, receive such evidence as it thinks fit, in order to inform itself as to the proper sentence to be passed.


237. Without prejudice to the generality of section 236, a subordinate court presided over by a resident magistrate may, subject to the provisions of this section, for the purpose of assessing the proper sentence to be passed, take into consideration any other offence committed by the accused–

(a) if it has been explained by the court to the accused person in ordinary language that the sentence to be passed upon him for the offence of which he has been convicted in those proceedings may be greater if the other offence is taken into consideration; and

(b) after the explanation the accused person–

(i) admits the commission of the other offence; and
(ii) asks the court to take the other offence into consideration.

(3) Nothing in this section shall entitle a court which has taken an offence into consideration to pass upon an accused person any sentence in excess of the maximum sentence which may be awarded by that court for the offence of which that person was convicted in those proceedings.

PART IX
CONVICTIONS, JUDGMENT, SENTENCES AND THEIR EXECUTION IN THE SUBORDINATE COURTS AND HIGH COURT

C. - Sentences

(a) Passing Sentence in the High Court

314. If the judge convicts the accused person or if he pleads guilty, it shall be the duty of the Registrar or other officer of the court to ask him whether he has anything to say why sentence should not be passed upon him according to law, but the omission so to ask him shall have no effect on the validity of the proceedings.


315.-(1) The accused person may, at any time before sentence, whether on plea of guilty or otherwise, move in arrest of judgment on the ground that the information does not, after any amendment which the court is willing and has power to make, state any offence which the court has power to try.

(2) The court may, in its discretion, either hear and determine the matter during the same sitting or adjourn the hearing thereof to a future time to be fixed for that purpose.

(3) If the court decides in favour of the accused he shall be discharged from that information.


316. If no motion in arrest of judgment is made or if the court decides against the accused person upon such motion, the court may sentence the accused person at any time during the sessions.


317. The court before which any person is tried for an offence may reserve the giving of its final decision on questions raised at the trial and its decision whenever given shall be considered as given at the time of trial.


318.-(1) When any person has, in a trial before the High Court, been convicted of an offence, the judge may reserve and refer for the decision of a court consisting of two or more judges of the High Court any question which has arisen in the course of trial and the determination of which would affect the event of the trial.

(2) If the judge reserves any such question, the person convicted shall, pending the decision thereon, be remanded in prison or, if the judge thinks fit, be admitted to bail and the High Court shall have power to review the case or such part thereof as may be necessary and finally determine such question and thereupon to alter the sentence passed by the trial judge and to pass such judgment or order as the High Court may think fit.


319. No judgment shall be stayed or reserved on the ground of any objection which, if stated after the information was read over to the accused person or during the progress of the trial, might have been cured by amendment by the court, nor for any informality in swearing the witnesses or any of them.


320. The court may, before passing the sentence, receive such evidence as it thinks fit in order to inform itself as to the sentence proper to be passed.


321.-(1) Without prejudice to the generality of section 320 the High Court may subject to the provisions of this section, for the purpose of assessing the proper sentence to be passed, take into consideration any other offence committed by the accused person but of which he has not been convicted.

(2) The High Court shall not take any offence into consideration unless–

(a) it has been explained by the court to the accused person in ordinary language that the sentence to be passed upon him for the offence of which he has been convicted in those proceedings may be greater if the other offence is taken into consideration; and

(b) after that explanation the accused person–
(i) admits the commission of the other offence; and
(ii) asks the court to take the other offence into consideration.

(3) Nothing in this section shall entitle the court, after taking another offence into consideration, to pass upon an accused person any sentence in excess of the maximum sentence which could be awarded for the offence of which that person was convicted in those proceedings.

PART IX
CONVICTIONS, JUDGMENT, SENTENCES AND THEIR EXECUTION IN THE SUBORDINATE COURTS AND HIGH COURT

D. - Miscellaneous Provisions in Dealing with Offenders

(a) First Offenders

337.-(1) In any case in which a person is convicted before any court of an offence not punishable with death and no previous conviction is proved against him, if it appears to the court before which he is convicted that, having regard to the youth, character, antecedents, health or mental condition, of the offender or to the trivial nature of the offence or to any extenuating circumstances under which the offence was committed, it is expedient to release the offender on probation the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, and during that period (not exceeding three years, as the court may direct), to appear and receive sentence when called upon and in the meantime to keep the peace and be of good behaviour.

(2) An order under this section may be made by the High Court when exercising its power of revision.


338.-(1) If at any time the court which convicted the offender is satisfied that the offender has failed to observe any of the conditions of his recognisance, it may issue a warrant for his arrest.

(2) An offender when arrested on a warrant under subsection (1) shall be brought forthwith before the court by which the warrant was issued and the court may either remand him in custody until the case is heard or admit him to bail with sufficient surety conditioned for his appearing for sentence and the court may, after hearing the case, pass sentence.


339. The court, before directing the release of an offender under section 338, shall be satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place for which the court acts, or in which the offender is likely to live during the period named for his observance of the condition.


339A.-(1) In cases in which a person is convicted before any court of any offence not punishable with death either on its own motion, or application by the offender or any other competent authority, it appears to the court before which he is convicted that, having regard to the youth, character, antecedents, or health condition of the offender or to the trivial nature of the offence, or to any extenuating circumstances under which the offence was committed, it is expedient to release the offender on community service under the Community Service Act, the court may instead of committing the offender to prison, direct that he be released to community service on his entering into a bond, with or without sureties, and for a period to be specified by the court in the community service
order.

(2) Nothing under subsection (1) of this section shall preclude the court from making an order under this section on an application for review under this Act or the Magistrates' Courts Act.

(3) An order under this section may be made by any other court in the exercise of its appellate or revision powers over the case.

(4) For the purposes of this section, the term "competent authority" has the same meaning ascribed to it under the Community Service Act.


340. Sections 337, 338 and 339 of this Act shall not apply in any area of Mainland Tanzania to which the Probation of Offenders Act applies.

(b) Offenders with Previous Conviction


341.-(1) When any person–

(a) has been convicted of any offence against sections 59 or 60 of the Penal Code or section 25, 26 or 27 of the Societies Act; or
(b) having been convicted of any offence punishable with imprisonment for a term of three years or more or of an offence under section 343 of this Act,

the court may, if it thinks fit, at the time of passing sentence of imprisonment on such person, also order that he shall be subject to police supervision as hereinafter provided for a period not exceeding five years from the date of his release from prison.

(2) If the conviction is set aside on appeal or for any other reason, the order shall become void.

(3) An order under this section may be made by the High Court when exercising its powers of revision.

(4) Every order made under this section shall be made out in the prescribed form and in addition be stated in the warrant of commitment.


342.-(1) A court may at any time direct that a person shall, whilst subject to police supervision and at large in Tanzania, comply with all or any of the following requirements and may vary any such direction at any time–

(a) to reside within the limits of any specified district;
(b) not to transfer his residence to any other district without the written consent of the administrative officer or police officer in charge of the district where he resides;
(c) not to leave the district in which he resides without the written consent of the administrative officer or police in charge of such district;
(d) at all times to keep the police officer or, if there is no police officer, the administrative officer in charge of the district in which he resides notified of the house or place in which he resides;
(e) to present himself, whenever called upon so to do by the administrative officer or police officer in charge of the district in which he resides, at any place in such district.

(2) For the purpose of giving any directions or of varying any directions under subsection (1) of this section, a court may issue a summons to a person to whom the subsection relates and who is within the jurisdiction of that court requiring his attendance before it at such time and place as may be specified; and the provisions of sections 143, 144, 145, 146 and 147 of this Act shall apply mutatis mutandis to him as they apply to a witness.

(3) The Minister may make rules for carrying out the provisions of this section.


343. If any person subject to police supervision who is at large in Tanzania refuses or neglects to comply with any requirement prescribed by section 342 or by any rules made thereunder he shall, unless he proves to the satisfaction of the court before which he is tried that he did his best to act in conformity with the law, be guilty of an offence and liable to imprisonment for a term not exceeding six months or, on a second or subsequent conviction for such offence, to imprisonment for a term not exceeding twelve months.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 78
Determination of the sentence
1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).