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.
Sentencing - national proceedings
Determination of sentence - national proceedings
EDIT.