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Legal Aid (Criminal Proceedings) Act

Chapter 21

Repealed
This Act was repealed on 2017-07-01 by Legal Aid Act, 2017.
Citation
Chapter 21
Date
31 July 2002
Language
English
Type
Act
Related documents
Tanzania

Legal Aid (Criminal Proceedings) Act

Chapter 21

  • Published in Tanzania Government Gazette
  • Commenced on 1 July 1969
  • [This is the version of this document at 31 July 2002.]
  • [Note: This legislation has been thoroughly revised and consolidated under the supervision of 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. This version is up-to-date as at 31st July 2002.]
  1. [Repealed by Legal Aid Act, 2017 (Act 1 of 2017) on 1 July 2017]
[G.N. No. 166 of 1969; Acts Nos. 21 of 1969; 19 of 1992;]An Act to provide for the rendering of free legal aid in criminal proceedings involving indigent persons.

1. Short title

This Act may be cited as the Legal Aid (Criminal Proceedings) Act.

2. Interpretation

In this Act, unless the context otherwise requires–"accused" includes, in the case of an appeal, the appellant, or in the case of an appeal by the Director of Public Prosecutions, the respondent;"certifying authority" means in the case of a proceeding before the High Court, the Chief Justice or the Principal Judge of the High Court or the Judge in charge of the district registry where the proceeding is conducted; and in the case of proceedings before a district court or a court of a resident magistrate the Chief Justice or the Principal Judge of the High Court or the Judge in charge of the district registry where the proceeding is conducted;"Minister" means the Minister responsible for legal affairs;"proceeding" means any proceeding in any court other than a primary court in which a person is being tried for a criminal offence and includes an appeal before the High Court against a decision in any proceeding of a criminal nature before a district court or a court of a resident magistrate or a primary court;"Registrar" means the Registrar of the High Court and includes the Deputy Registrar and the District Registrar.

3. Provision of free legal aid

Where in any proceeding it appears to the certifying authority that it is desirable, in the interests of justice, that an accused should have legal aid in the preparation and conduct of his defence or appeal, as the case may be, and that his means are insufficient to enable him to obtain such aid, the certifying authority may certify that the accused ought to have such legal aid and upon such certificate being issued the Registrar shall, where it is practicable so to do, assign to the accused an advocate for the purpose of the preparation and conduct of his defence or appeal, as the case may be.

4. Remuneration of advocate assigned to accused

(1)The remuneration of any advocate assigned to an accused under the provisions of section 3 shall be determined by the certifying authority and shall be payable from the general revenue of the United Republic.
(2)Remuneration payable under this section shall not be less than one hundred and twenty shillings nor more than three hundred shillings in respect of each proceeding, or in respect of each accused where the certifying authority certifies that accused persons jointly tried should be separately represented:Provided that in the case of a proceeding before the High Court the Judge hearing the proceeding and, in the case of a proceeding before any other court, the Chief Justice, may, for special reasons, regard being had to the complexity of the proceeding or the duration thereof, authorise the payment of a higher remuneration not exceeding five hundred shillings in respect of each proceeding, or in respect of each accused person, as the case may be.

5. Expenses incurred by advocate

(1)Where an advocate who is assigned to an accused person under the provisions of this Act incurs any special expenditure arising out of the performance of his duties, he may, if he wishes to be reimbursed in respect of such expenditure, submit a claim to the Registrar.
(2)After considering the claim the Registrar may reject it or, if he is satisfied that the full claim or a portion thereof is reasonable, authorise payment to the advocate of such claim or such portion, as the case may be, out of the general revenue of the United Republic.
(3)Any dispute arising out of the decision of the Registrar under subsection (2) of this section may be referred to the Chief Justice, whose decision thereon shall be final.

6. Delegation of powers by Chief Justice

The Chief Justice may, by writing, delegate any of his functions under this Act to a Judge of the High Court either generally or for any specific proceeding.

7. Rules

The Chief Justice may, with the consent of the Minister, make rules for the better carrying out of the purposes and provisions of this Act.

8. Repeal of R.L. Cap. 21

[Repeals the Poor Prisoners Defence Ordinance.]
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History of this document

01 July 2017
Repealed by Legal Aid Act, 2017
31 July 2002 this version
Consolidation
01 July 1969
Commenced

Cited documents 1

Act 1
1. Legal Aid Act, 2017 13 citations

Documents citing this one 59

Judgment 49
1. Judge Incharge High Court Arusha & Another vs Nin Munuo Ng'uni (Civil Appeal 45 of 1998) [2002] TZCA 12 (5 March 2002) 17 citations
2. Maganga s/o Udugali vs Republic (Criminal Appeal No. 144 of 2017) [2021] TZCA 639 (3 November 2021) 8 citations
3. Ernest Jackson @ Mwandikaupesi & Another vs Republic (Criminal Application No.46/01 of 2021) [2023] TZCA 17472 (7 August 2023) 3 citations
4. Laurance vs Government of Zanzibar (Criminal Appeal 17 of 2002) [2003] TZCA 3 (31 October 2003) 2 citations
5. Manyinyi Gabriel @ Gerisa vs Republic (Criminal Appeal 594 of 2017) [2021] TZCA 742 (2 December 2021) 2 citations
6. Hamadi Mzamilo Marafya vs Republic (Criminal Appeal No. 603 of 2021) [2023] TZCA 18016 (21 December 2023) 1 citation
7. Massanja Maliasanga Masunga & Others vs Republic (Criminal Appeal No. 328 of 2021) [2023] TZCA 17780 (26 October 2023) 1 citation
8. Nestory Paulo Rugarabamu vs Katty Katega & Another (Land Appeal No. 18 of 2022) [2023] TZHC 23233 (8 December 2023) 1 citation
9. Samwel Kitau vs Republic (Criminal Appeal No. 390 of 2015) [2016] TZCA 723 (27 June 2016) 1 citation
10. Ali Vuai Ali vs Sued Mzee Sued (Civil Appeal No. 186 of 2016) [2017] TZCA 266 (30 November 2017)
Gazette 4
1. Tanzania Government Gazette dated 2024-05-31 number 22
2. Tanzania Government Gazette dated 2024-07-19 number 29
3. Tanzania Government Gazette supplement number 38 dated 2020-09-18 number 38
4. Tanzania Government Gazette supplement number 8 dated 2019-02-22 number 8
Journal 3
1. Law Review Journal, Vol. 1, 2016, Issue 1
2. The Tanzania Lawyer, Vol. 1, 2015, Number 2
3. The Tanzania Lawyer, Vol. 1, 2019, Number 2
JOT Documents and Guidelines 2
1. Court of Appeal Journal Volume 1
2. Standard Operational Guide For Magistrates On Managing Children Cases In Tanzania, Feb-2023
Manual 1
1. Criminal Prosecutions Case Manual