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This dissertation was specifically base on the researcher study about the procedures for trying capital offenses in Tanzania, especially on the assessment of the laws governing procedure for trying capital offenses in general. The data collected through interview, questionnaires and library search, with the focus on the issue of complex of procedures for trying capital offenses in Tanzania. The data was collected from different institutions such as; the office of A.G chambers in Dar es Salaam, H.C of Dar es Salaam and Advocates chambers in Dar es Salaam. During data collection, it has been revealed that, due to complex procedures for trying capital offense, causing denial the accused person timely to justice. This situation challenges the existing laws in Tanzania especially on procedures for trying capital offense in Tanzania. This report is divided into five chapter, where by chapter one is general introduction in which it states the background of the problem, statement of the problem, literature review and also the methods in which the researcher is to employ during data collection. Chapter two deals with Conceptual Legal framework on the procedure for trying cases involving capital offense and its Impact to Access to Justice in Tanzania, while have been explained different terminologies patterning the research and the reasons of using Committal Proceeding. Also, Chapter three deals with Legal Frame Work Governing Procedure for trying cases involving capital offenses in Tanzania, while different instruments International and domestic laws are applicable to this research. Moreover, Chapter four deals with the fact finding and data analysis in which the data collected from the field are analyzed and lastly. Chapter five which is conclusion and recommendation in which the recommendations are given to the said problem. General recommendation, as it have been observed that complexity of procedure is a time waiting process and it has failed to serve that which it was intended to. It is logical to suggest that it ought to be totally abolished. As a result, it can open the door for speedy, just and logical justice administration process. Speedy in the sense that the Judge will directly go through the case and determine the case on its merit once and for all, hence it can be upon the prosecution side to collect strong evidence before bringing the accused to the court, in other words per-investigation whenever possible before arrest. Other recommendation starting from the Government should find it necessary to propose amendments of the laws in the parliament, in order to abolish the procedure for trying capital offenses and should be taken straight to HC. Also recommendation to the Parliament that, they should amend the Section 178 which provide for the mandatory procedure for the capital offense to be arraigned before the subordinate court, moreover the Police Officer, department of criminal investigation and DPP, the should conduct preliminary investigation before they make any arrest, in order to avoid any inconvenience to the accused person and at the public at large. |
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