A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement for the Award for the Bachelor of Laws Degree (LL.B) of Mzumbe University
Cautioned statement are the oral or written statements made by a criminal suspect under the policy custody after being warned that the statements may be used as evidence against him. Cautioned statement may be totally exculpatory or exculpatory. inculpatory statement is the one which incriminate the maker of it, while the inculpatory statement is the one which tends to explain the innocence of the maker. When the cautioned statements are totally inculpatory may amount to a confession.
Thus, this study was conducted to examine the law and practice relating to admissibility of cautioned statement in Tanzania. Specifically, the study focused on the assessment of compliance to the rules governing interviewing suspects, examination of laws governing admissibility of cautioned statement and examination of practical experience in relation to the admissibility of cautioned statement. It was postulated that; Laws governing admissibility of cautioned statement seems to be contradictory. Paradoxical rules on the admissibility of cautioned statement seem to render the admission of cautioned statement in evidence before the court impracticable. A police authority seems to act in defiance of the rules governing questioning of suspect under their custody.
Hence the research unveiled the uncertainty on the law concerning admissibility of confession which places the accused in the danger of being the victim of torture and inhuman treatment under police custody. Also, despite the glaringly prescribes mandatory procedure to be followed on interrogation of the accused the law enforcement authorities in variety of cases the investigatory authorities have been defying the same, and culminate to confessional statements inadmissible.