INTRODUCTION OF PLEA BARGAINING PROCEDURES UNDER THE CRIMINAL PROCEDURE ACT, CAP 20.
By
Adv. Amon Meja
Introduction
The government of United Republic of Tanzania has introduced a law that allow plea bargaining. On 26th day of June 2019, a Bill was introduced in the National Assembly for the first time reading and later on 20th September, 2019 the law was passed and Gazette in the Gazette of the United Republic of Tanzania No. 39 Vol. 100 dated 20th September, 2019 titled the Written Laws (Miscellaneous Amendments) (No. 4) Act 2019.
Part IV of the Written Laws (Miscellaneous Amendments) (No. 4) Act 2019, specifically amends the Criminal Procedure Act, CAP 20, to introduce Plea Bargaining provisions, under new sections 3 and introduces new section 194A, 194B, 194C, 194D, 194E, 194F, 194G, and 194H.
Section 15 of Act No. 4 of 2019, amends section 3 of the Criminal Procedure Act by inserting the definition of the term plea bargaining where it states inter alia that;
“Plea Bargaining” means a negotiation in a criminal case between the prosecution and the accused where by the accused agrees to-
- a plead guilty to a particular offence or a lesser offence or to a particular count or counts in a charge with multiple counts; or
- Cooperate with the prosecutor in the provision of information that may lead to a discovery of other information relating to the offence or count charged, in return for concession from the prosecutor which may lead to a lenient sentence or withdrawal of other counts.”
