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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:An appraisal of the criminal procedure provisions relating to the arrest and detention of offenders in Tanzania
Author:Wambali, Michael K.B.ISNI
Periodical:Eastern Africa Law Review
Geographic term:Tanzania
Abstract:The common law relating to the arrest and detention of offenders as adopted in the Criminal Procedure Code, Cap. 20 of the laws of Tanzania, was part of the English legal reforms of the early 18th century. The principles it embodies were part of the bourgeois scheme to liberate man from the rigours of the feudal State. The law provides five types of arrest: arrest with warrant, arrest without warrant, arrest by a private person, arrest by a Justice of the Peace, and preventive detention. There are also statutory safeguards against the abuse of power by public officials, viz. the right of the person arrested to be informed of the charge, provisions pertaining to the method of arrest and the disposal of arrested persons, and the writ of habeas corpus. Recommendations by the Judicial System Review Commission (1977) to amend the law of arrest and detention of suspected law offenders, amongst others to enhance statutory powers of arrest without warrant and increase the list of cognizable offences, should not be implemented. The Commission's recommendations reflect the primary interest of the Tanzanian petty bourgeois State, that is the increase of executive and bureaucratic control of all spheres of life under the justification of national development but at the expense of the rule of law, and only serve to eradicate the few safeguards available under the present law. Notes, ref.