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Extradition Act
Chapter 368
- Commenced on 24 May 1965
- [This is the version of this document at 30 November 2019.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
- [Amended by Prevention of Terrorism Act, 2002 (Act 21 of 2002) on 15 June 2003]
- [Amended by Written Laws (Miscellaneous Amendments) Act, 2007 (Act 2 of 2007) on 6 April 2007]
- [Amended by Written Laws (Miscellaneous Amendments) (No. 3) Act, 2010 (Act 2 of 2010) on 26 March 2010]
- [Amended by Written Laws (Miscellaneous Amendments) Act, 2011 (Act 3 of 2011) on 10 June 2011]
- [Amended by Cybercrimes Act, 2015 (Act 14 of 2015) on 1 September 2015]
- [Amended by Written Laws (Miscellaneous Amendments) (No. 2) Act, 2018 (Act 7 of 2018) on 25 September 2018]
- [Amended by Written Laws (Miscellaneous Amendments) (No. 4) Act, 2019 (Act 11 of 2019) on 20 September 2019]
R.L. Cap. 585]An Act to provide for the law relating to the extradition of criminals and for relating matters.
Part I – Preliminary provisions
1. Short title and application
This Act may be cited as the Extradition Act, and applies to Mainland Tanzania as well as Tanzania Zanzibar.2. Interpretation
Part II – The surrender of fugitive criminals
3. Application of Part II
4. Liability of fugitive criminals to surrender
Subject to the provisions of section 16, where this Part of this Act applies in the case of any country, every fugitive criminal of that country who is in or suspected of being in Tanzania, shall be liable to be arrested, detained and surrendered in the manner provided by this Part–5. Requisition for surrender
6. Issue of warrant
7. Hearing of case and evidence
8. Committal or discharge of prisoner
8A. Surrender of fugitive criminal
9. ***
[repealed by Act No. 7 of 2018 s. 15]10. Discharge of fugitive criminal
Whenever a fugitive criminal who has been committed to prison is not surrendered and conveyed out of Tanzania within two months after the committal, any Judge of the High Court or of the High Court of Zanzibar may–Part III – Reciprocal backing of warrants
11. Application of Part III
12. Backing of warrants issued in another country
13. Provisional warrant
13A. Arrest without warrant
Notwithstanding the provisions of subsection (1), the police officer may, without a foreign warrant having been endorsed or in the absence of provisional warrant if the circumstances so require, arrest a fugitive offender.[Act No. 3 of 2011 section 40]14. Return of prisoner
15. Discharge of prisoner
15A. Filing of applications
For the purposes of the proceedings under this Part, the prosecution shall file a formal application in court praying for necessary orders.[Act No. 2 of 2010 s. 15]Part IV – Miscellaneous provisions relating to surrender and return
(a) Restrictions
16. Restriction on surrender or return
17. Procedure where offence alleged to be political
(b) Evidence
18. Evidence
19. Authorisation of warrants and depositions
(c) Miscellaneous provisions
20. Escape
Where a prisoner escapes, by breach of prison or otherwise, out of the custody of a person acting under a warrant issued or endorsed in pursuance of this Act or out of the custody of a person to whose custody he has been committed in accordance with this Act, he may be retaken in the same manner as a person accused of a crime against the law of that part of Tanzania to which he escapes may be retaken upon an escape.21. Search warrants
Where a warrant for the arrest of a person accused of an offence has been endorsed in pursuance of Part III of this Act, the magistrate shall have the same power of issuing a warrant to search for any property alleged to be stolen or to be otherwise unlawfully taken or obtained by that person, or otherwise to be the subject of any offence, which that magistrate would have if the property had been stolen or otherwise unlawfully taken or obtained, or the offence had been committed, wholly within the jurisdiction of that magistrate.22. Rules of court and forms
23. Declaration of application
The Minister may from time to time by order published in the Gazette, declare the countries to which Part II and Part III of this Act apply (including the countries to which Part II applies under section 28 of this Act) and, subject to any later order providing for the discontinuance of the application, the declaration shall be conclusive as to the application of the relevant Part to the countries to which it relates.24. Discontinuance
Whenever it appears to the Minister for Foreign Affairs that an agreement with a country to which Part II of this Act applies is no longer in force (or in the case of a country to which Part II of this Act applies under paragraph (a) of subsection (1) of section 28, that the law of that country no longer contains reciprocal provision), or that the law of a country to which Part III of this Act applies no longer makes reciprocal provision or that provision has ceased to apply to Tanzania or any part of it, he may, by order published in the Gazette, discontinue the application of the appropriate Part to that country.Part V – Taking of evidence for criminal trials in other countries
25. Obtaining evidence in Tanzania
26. Taking of evidence in Tanzania for foreign criminal matters
Part VI – Criminals surrendered to Tanzania
27. Trial of criminal surrendered
Part VII – Transitional provisions, repeal and application
28. Transitional provisions
29. Repeal, disapplication and amendment of laws
30. Incorporated into section 1
[Incorporated into section 1.]History of this document
30 November 2019 this version
Revised Laws 2019
20 September 2019
25 September 2018
01 September 2015
10 June 2011
26 March 2010
06 April 2007
15 June 2003
31 July 2002
Revised Laws 2002
24 May 1965
Cited documents 0
Documents citing this one 17
Judgment
8
Evidence - Identification of accused - Identification by description |
Extradition Act, 1965 - Authority to extradite a person from the |
Reported
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(From the Dar es Salaam Resident Magistrate’s Court at Kisutu, in Miscellaneous Criminal Application No.l of 1997) Criminal Practice and Procedure - Witnesses - Recalling ofa witness on accused’s demand - Whether magistrate has discretion to refuse - Section 214(2)(a) Criminal Procedure Act Extradition - Minister's order to court for arrest and detention offugitive - Court compliance with Ministers order - Whether lawful - Section 5(1) of Extradition Act 1965. Extradition - Bail - Consideration of grant or refusal of bail in Extradition Cases |
Act
5Gazette
2Law Reform Report
1Subsidiary legislation
Title
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Government Notice 213 of 1965 |