A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement for an Award of the Bachelor of Laws (L.L.B) Degree of the Mzumbe University
This work deals with the law on non bailable offenses as it stands in Tanzania. However, in order to understand well the law on non bailable offenses, the whole law on bail had to be dealt with albeit summarily. The work states that the history of bail is found in ancient past of the law of England. Bail during that time was for every accused person regardless of his offense. Bail was meant to be a security and nothing more. With the advent of basic human rights, bail became an enforceable right; accused persons could enforce in a court of law the right to be granted bail where it had been denied. The presence of non bailable offenses in our statutory law is seen as usurpation of the law makers on the accursed basic right to freedom. It is a fundamental principle of law that every person is presumed innocent until the contrary is proven. The present work shows the non bailable provisions and how the court’s discretion is ousted in bail matters where non bailable offenses are concerned. The work stipulates the concept of bail generally and gives the historical background of bail in Tanzania. The work also discusses statutory law on bail as it is in Tanzania. The rights and restrictions to bail of an accused person are also discussed at length in this work. The work mentions the bailable and non bailable offenses. Non bailable offenses are the corner stone of this work, therefore their presence and effects to accused persons is discussed at length. Different works of prominent jurists and writers have been visited and their relevant opinions on the presence of non bailable offenses in our statutory law have been quoted in this work. Lastly the work discusses the findings of the research and recommendations based on those findings.