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Tanzania
National Prosecutions Service Act, 2008
Chapter 430
- Published in Tanzania Government Gazette on 9 May 2008
- Assented to on 4 April 2008
- Commenced on 9 June 2008 by National Prosecutions Service (Appointment of Date of Commencement) Notice, 2008
- [This is the version of this document from 1 December 2023.]
- [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 Rectification of Printing Errors (The Enactment Numbers of Acts of Parliament) Order, 2008 (Government Notice 358 of 2008) on 28 November 2008]
- [Amended by Written Laws (Miscellaneous Amendments) Act, 2009 (Act 3 of 2009) on 20 March 2009]
- [Amended by Written Laws (Miscellaneous Amendments) (No.2) Act, 2012 (Act 6 of 2012) on 27 July 2012]
- [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]
- [Amended by Written Laws (Miscellaneous Amendments) Act, 2022 (Act 1 of 2022) on 8 March 2022]
- [Amended by Legal Sector Laws (Miscellaneous Amendments) Act, 2023 (Act 11 of 2023) on 1 December 2023]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the National Prosecutions Service Act.2. Application
This Act shall apply to in relation to all criminal prosecutions and the coordination of investigation of crimes in Mainland Tanzania.3. Interpretation
In this Act, unless the context otherwise requires—"Attorney General" means the Attorney General appointed under Article 59 of the Constitution;[Act No. 7 of 2018 s. 50 and 51]"Constitution" means the Constitution of the united Republic of Tanzania, 1977;"Deputy Director of Public Prosecutions" means the Deputy Director of Public Prosecutions appointed pursuant to the provisions of this Act;"Director of Public Prosecutions" means the Director of Public Prosecutions appointed pursuant to sub-article (1) of Article 59B of the Constitution;"District Prosecution Officer" means the Law Officer appointed to be in-charge of prosecution matters in a District;"Law Officer" has the meaning ascribed to it under the Interpretation of Laws Act;[Cap. 1]"Minister" means the Minister responsible for legal affairs;"public prosecutor" means a person appointed in accordance with this Act to conduct prosecution of a criminal case in the court of law;"Regional Prosecutions Officer" means the Law Officer appointed to be in-charge of prosecution matters in a Region;"Service" means the National Prosecutions Service;"State Attorney" means a person appointed under section 5 or designated as such to perform functions under this Act.Part II – The National Prosecutions Service
(a) The Service
4. National Prosecutions Service
5. Appointment of staff
6. Power to issue orders, practices notes, others instruments
7. Power to promulgate Code of Professional Conduct and Etiquettes
8. Guiding principles
In the exercise of powers and performance of his functions, the Director of Public Prosecutions shall observe the following principles—(b) Control of criminal proceedings
9. Power and functions of National Prosecution Services
9A. Compounding of offences
10. Appeals, revision, and applications
11. Assistance in criminal matters
The Service, in accordance with the provisions of the Extradition Act, the Mutual Assistance in Criminal Matters Act, the Proceeds of Crimes Act, and any other written law shall take the necessary steps to—(c) Related functions
12. Payment and forfeiture to the Government
Where the Service conducts proceedings under any other law in force and as a result of the proceedings a person becomes liable to pay an amount to the Government or property is forfeited to the Government under a court order, the Director of Public Prosecutions shall take any further proceedings or step that may be required to recover the amount or enforce the forfeiture or order.[Act No. 7 of 2018 s. 50; Cap. 254]13. Assistance to officers of other jurisdictions
14. Inquests
The Director of Public Prosecutions may participate in proceedings under the Inquest Act, where he is of the opinion that such participation is relevant to the function of the Service and is justified by the circumstances of the case.[Act No. 7 of 2018 s. 50; Cap. 24]15. Related functions
It shall be a function of the Service to—(d) Coordination of investigation
16. Powers of Director of Public Prosecutions
17. Director of Public Prosecutions may require information
18. Director of Public Prosecution may issue orders, guidelines, instructions
Part III – Tenure, removal and retirement of the Director of Public Prosecutions
19. Tenure of office of Director of Public Prosecutions
20. Retirement from office
The Director of Public Prosecutions shall retire from office upon attaining the age of compulsory retirement with retirement benefits which are similar to those of a Judge of the High Court.[Act No. 7 of 2018 s. 50]21. Resignation
The Director of Public Prosecutions may resign from office by tendering a letter of resignation signed by him to the President.[Act No. 7 of 2018 s. 50]Part IV – Administrative provisions
22. Power to appoint public prosecutors
23. Delegation of powers
24. Coordination of investigation of crimes
25. Sources of funds
The funds of the Service shall consist of—25A. Annual estimates
25B. Annual performance report
25C. Books of accounts
Part V – General provisions
26. Judicial notice
All persons acting in judicial capacity shall be required to take judicial notice of—27. National Criminal Justice Forum
27A. National Criminal Justice Ministerial Committee
27B. Regional Criminal Justice Forum
27C. District Criminal Justice Forum
28. Powers to make Regulations
29. Transitional and savings
Part VI – Omitted
History of this document
01 December 2023 this version
08 March 2022
30 November 2019
Consolidation
Read this version
20 September 2019
25 September 2018
27 July 2012
20 March 2009
28 November 2008
09 June 2008
09 May 2008
04 April 2008
Assented to
Cited documents 0
Documents citing this one 4
Judgment 3
Journal 1
1. | The Tanzania Lawyer, Vol. 1, 2015, Number 2 |