Tanzania, United Republic of

The Criminal Procedure Act

PART VIII
PROCEDURE IN TRIALS BEFORE THE HIGH COURT

(g) Case for the Defence

294.-(1) The accused person or his advocate may then open his case stating the fact or law on which he intends to rely, and making such comments as he thinks necessary on the evidence for the prosecution.

(2) The accused person may then give evidence on his own behalf and he or his advocate may examine his witnesses, if any, and after their cross-examination or re-examination, if any, may sum up his case.


295.-(1) In addition to the witnesses summoned pursuant to the provisions of section 263 the accused shall be allowed to examine any witness who is in attendance at the trial.

(2) The accused person shall not be entitled as of right to have any witness summoned other than the witnesses whose names and address were given by him to the magistrate at the committal proceedings but any subordinate court may, after committal for trial and before the trial begins, and the court of trial may, either before or during the trial, issue a summons for the attendance of any person as a witness for the defence if the court is satisfied that the evidence is in any way material to the case.


296. If the person, or any one of several accused persons, adduces any evidence, the prosecutor shall be entitled to reply subject to the provisions of section 201.


297. If the accused person says that he does not wish to give or adduce evidence and the court considers that there is evidence that he committed the offence, the advocate for the prosecution shall then sum up the case against the accused person and the court shall then call on the accused person, personally or by his advocate, to address the court.

Keywords

Fair trial standards



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