A Handbook for Public Prosecutors

D. Chipeta

Description

This is the third edition of A Handbook for Public Prosecutors. It takes into account multiple changes in the Tanzania law since publication of the first and second editions in 1978 and 1982 respectively, and the new Criminal Procedure Act of 1985. A Handbook for Public Prosecutors is written primarily for Public Prosecutors. However, it is sufficiently comprehensive to be useful to those who are fresh on the Bench or the Bar, and to investigators of crime, as well as to those who are required to do examinations in Criminal Law, Criminal Procedure and the Law of Evidence in order to advance in their careers. While it is based on the Tanzania Penal Act, Criminal Procedure Act, the Evidence Act and other statutes, readers in other East African countries will have no difficulty in finding relevant and equivalent provisions of applicable legislation which are invariably identical to those in their countries. This book provides guidance to public prosecutors and others on basic principles of Criminal Law, Criminal Procedure, and the Law of Evidence and the art of prosecuting cases.

Sujets

• Droit et juridique
• Law

Informations

• Publié par: Mkuki na Nyota Publishers
• Date de parution: 15 mai 2009
• Nombre de lectures: 0
• EAN13: 9789987081011
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

Third Edition

B.D. Chipeta

M k u k i n a N y o t a P u b l i s h e r s

A HANDBOOK FOR PUBLIC PROSECUTORS

A HANDBOOK FOR PUBLIC PROSECUTORS

B.D. CHIPETA

Mkuki na Nyota Publishers P. O. Box 4246 Dar es Salaam, Tanzania www.mkukinanyota.com

Published by: Mkuki na Nyota Publishers Ltd Quality Plaza Building Nyerere Road Dar es Salaam, Tanzania. Website: www.mkukinanyota.com

©

B. D. Chipeta, 2009

ISBN

978-9987-08-007-6

All rights reserved. No part of this publication may be reproduced, stored in a retrieval sys- tem, or transmitted, in any form or by any means without the prior written permission of the publisher, or be otherwise circulated in any form of binding or cover other than in which it is published and without a similar condition being imposed on the subsequent purchaser.

To My late mother who first sent me to school

Contents

Acknowledgements Preface to the First Edition Preface to the Second Edition Preface to the Third Edition

ix x xi xii

Part I The Public Prosecutor and The Law Of Criminal Procedure 1 Chapter 1 Appointment, Powers and Duties of a Public Prosecutor 5 Chapter 2 Jurisdiction and Powers of Courts 11 Chapter 3 Formulation of Charges or Complaints 33 Chapter 4 The Accused and his Plea 41 Chapter 5 Bail Pending Trial 51 Chapter 6 Procedure in Trials 61 Chapter 7 Judgments and Sentences 71 Chapter 8 Substituted Convictions 79 Chapter 9 Committal Proceedings 83

Part II Criminal Law: Select Offences Chapter 10 General Rules of Criminal Responsibility Chapter 11 Offences Relating to the Administration of Justice Chapter 12 Offences Against Public Tranquility, Health and Convenience Chapter 13 Offences Against Morality Chapter 14 Offences Involving Bodily Injury Chapter 15 Theft and Allied Offences Chapter 16 Forgery and Allied Offences Chapter 17 False Pretences and Allied Offences Chapter 18 Robbery and Extortion Chapter 19 Burglary, Housebreaking and Allied Offences Chapter 20 Offences Involving and Causing Damage to Property Chapter 21 Offences Under the Road Traffic Act

Part III Basic Principles of the Law of Evidence Chapter 22 What Evidence is Admissible? Chapter 23 Competency, Compellability and Privilege

vii

85 87

97

103 109 115 119 133 137 143 149

155 159

165 167 171

viii

A Handbook for Public Prosecutors

Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter

24 25 26 27 28 29 30 31 32

Facts not Requiring Proof Admissions and Confessions Documentary Evidence Opinion Evidence Banker’s Books Evidence of Character Burden of Proof Credibility of Witnesses and Weight of Evidence Examination of Witnesses

Part IV The Art of Conducting Cases Chapter 33 The Public Prosecutor and Case Preparation Chapter 34 The Choice of Witnesses Chapter 35 How to Conduct Examination-in-Chief Chapter 36 How to Conduct Cross-Examination Chapter 37 How to Conduct Re-Examination Chapter 38 Final Submissions

Appendices Appendix I Appendix II Appendix III Appendix IV

Bibliography Excerpts Case Index Alphabetical Index

179 187 197 201 205 207 211 217 227

233 235 239 245 249 259 261

265 267 268 273 282

Acknowledgements

I express my gratitude to the following authors, copyright holders and pub- lishers from whose works, with their permission, I have drawn quotations and/or materials in the preparation of this Edition as well as the previous Editions: Butterworth,The Eastern/East Africa Law Reports (EA). Donovan, Tact in Court, Sweet & Maxwell. Douglas Brown,Criminal Procedure in Uganda and Kenya(1965), Sweet & Maxwell. H.F. Morris,Evidence in East Africa,(1968), Sweet & Maxwell, Osborn’s Concise Law Dictionary,edited by Leslie Rutherford and Sheila Bone, Sweet & Maxwell. R.K. Soonavala:Advocacy – Principles & Practice(1953), N.M. Tripathi (Private) Ltd. S.C. Sarkar,Evidence,11th Edition, S.C. Sarkar & Sons (P) Ltd. The Honourable The President of the erstwhile Court of Appeal for East Africa:Eastern and East Africa Law Report.(EACA and EA). The Honourable The Chief Justice of Uganda:Uganda Law Reports (ULR). The Chief Justice of Tanzania:Tanganyika Law Reports (R), High Court Digest of Tanzania (HCD), Law Reports of Tanzania (LRT) and Tanzania Law Reports. Wrottesley,Examination of Witnesses,2nd Edition, Sweet & Maxwell.

I should also like to express my gratitude to the late Mr. Lutego William, my daughter Susan and my son Walter for their assistance in compiling the case index of the Second Edition and to all my friends and colleagues, far too nu- merous to mention by name, for their useful suggestions, comments and en- couragement in preparing this edition. Last but not least, I express my grat- itude to my wife Ruth for her tolerance and encouragement at every stage of preparing the original manuscript and later editions of this book.

B.D. Chipeta August, 2007

i

x