A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirements for the Award of Bachelor of Laws Degree (LL.B) of Mzumbe University
The law stipulates that application of any power as provided under the laws has to adhere to the requirement for such a power to be performed in achieving justice. This study is entitled “Critical Analysis on Section 98 of the Criminal Procedure Act Cap 20 R.E 2002; Its Application and Effect”. It is undisputed fact that the courts of the United Republic of Tanzania, do recognize the powers of the prosecution in control of criminal trials and this power permits the prosecution to withdraw a case and re-institute it in the subordinate courts, this power however prove to be a block to efficiency criminal disputes resolution. The study delivers a thorough assessment on analysis of the power to withdraw and re-institution of a case in subordinate court in criminal proceedings. This study was conducted in Njombe district. For this reason the study was carried out with two specific objectives, to examine the power of prosecution to the extension of justice and analyze the legal effect of section 98 of the CPA in relation to the guiding principles and to examine the effectiveness of the laws protecting the accused person from abuse of the process by the prosecution. Data was collected by the means of documentary review and field study and the findings of the study are expected to be of benefit to various stakeholder including the government, judicial organ, commission for law reform and the society at large. This report is based in chapter’s presentation, whereas in chapter one the research is about the introduction to the application of the power and objectives of the study. Chapter two of the report deals with the conceptual and legal framework on withdraw and re-institution of the case in criminal proceedings in the subordinate courts. This chapter focuses on the laws governing aspects of criminal proceedings in withdraw and re-institution to both parties, thereinafter the findings and data presentation will be presented and covered by chapter three which aims to present the hypothesis tests and meet the research objectives as the study presents and lastly chapter four which covers conclusion, recommendations and perhaps to spark further studies.