A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement for an Award of the Bachelor Degree of Laws (LL.B) of the Mzumbe University
This research embarked on a problem of illegal detention of suspect for more than 24 hours without arraign them to court for determination contrary to section 32(1) of the Criminal Procedure Act [CAP.20 R.E. 2002]. That police officer who have the primary duty to enforce that provision of the law ignore the provision or do violate the procedures and left unpunished in both law and practice, because the Law is silent on the specific punishment to those police offenders. Thus, that has left the police officers to work with impunity within their own institution and on the road human rights are violated, to be precise in this context the right to liberty is violated by the police officers by not complying with the provisions of the law. This study confined itself on making a critical analysis on the violation of section 32(1) of the Criminal Procedure Act by the Law enforcement officials, specifically on police officers in Tanzania, by looking on what punishment is inflicted by the law and practice to the police officer who violate that provision of the law. The work has been divided into Chapter, section and subsections whereby, Chapter one provides for a general introduction of the work, chapter two explains the conceptual framework of the research, chapter three explain the legal framework of the research problem whereas chapter four explains in detail findings of data from the field and data analysis and lastly the researcher came up with conclusions and recommendations. It was found and concluded that, section 32(1) of Criminal Procedure Act is violated by law enforcement officials, whereby police officers detain suspects more than 24 hours without taking them to the court and later on release them without pressing formal charges as result right to liberty is violated and there is no punishment stipulated in law and practice therefore the researcher came up with a vast of recommendations, to mention few; Independent authority to investigate complaints, Legislative measures, Legal education to the police officer, Compliance of the law and Punishment to the offenders.