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Legal Aid (Criminal Proceedings) Rules, 2014

Government Notice 353 of 2014

Legal Aid (Criminal Proceedings) Rules, 2014
Citation
Government Notice 353 of 2014
Primary work
Legal Aid Act, 2017
Date
26 September 2014
Language
English
Type
Government Notice
Publication
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Tanzania
Legal Aid Act, 2017

Legal Aid (Criminal Proceedings) Rules, 2014

Government Notice 353 of 2014

[Made under section 7]

1. Citation

These Rules may be cited as the Legal Aid (Criminal Proceedings) Rules, 2014.

2. Definitions

In these Rules, 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 High Court 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 High Court Registry or a Magistrate in change of the Resident Magistrate’s or District Court where the proceeding is conducted;“designated organisation” means persons or organisations designated by the Chief Justice to provide advocates for the purposes of assisting an indigent accused person to prepare and conduct his defence or appeal;"indigent person" means an accused person who is before the High Court, District Court or a Court of a Resident Magistrate, who has been certified to be eligible for legal aid;“Magistrate in-charge” means a Resident Magistrate in-charge of a Resident Magistrate’s Court or a District Court; and“Registrar” means the Registrar of the High Court and includes the Deputy Registrar.

3. Application for legal aid

(1)An accused person who is—
(a)charged with an offence involving complicated or novel legal issues;
(b)charged with an offence involving capital punishment, life imprisonment or a possible sentence of not less than fifteen years imprisonment;
(c)facing extradition to another country;
(d)a child; or
(e)suffering from disabilities or serious illness, may apply for legal aid to the certifying authority.
(2)The certifying authority may, upon receipt of an application or suo motu, certify that an accused person is eligible for legal aid in preparing and conducting his defence or appeal.
(3)An application for certification shall be tiled to the High Court, or a Court of Resident Magistrate or District Court where the accused is conducting his defence or appeal.
(4)An application for legal aid shall be made in writing in the format prescribed in Form I set out in the Schedule.
(5)The relevant certifying authority shall make a decision based on merits.
(6)Where an accused person has not made any request for legal aid, the Court may on its own motion, for the interest of justice, refer the matter to the relevant certifying authority for certification chat the accused is eligible for legal aid.

4. Financial status

Every application for legal aid shall be accompanied by a declaration pertaining to the applicant’s financial status in the format prescribed in Form 2 set out in the Schedule.

5. Legal aid certificate

(1)The certifying authority shall, where legal aid is granted under this rule issue a legal aid certificate.
(2)The Registrar shall, upon receipt of a certificate issued under sub-rule (1), assign an advocate to an accused for the purposes of preparing and conducting a defence or appeal on behalf of an accused person.
(3)The legal aid certificate shall be in the format prescribed in Form 3 set out in the Schedule.
(4)The advocate assigned to render legal aid under this rule shall not withdraw himself from the proceedings without the leave of the Court.

6. Change of advocates

(1)Where an advocate has been assigned to represent an accused in conducting a defence or appeal, the accused shall not change the assigned advocate, unless—
(a)the accused changes the advocate at his own expenses: or
(b)the Court before which the proceedings are pending orders for the change.
(2)Where an advocate has been changed pursuant to sub-rule (1), the Court shall order the advocate to be paid the fees to be determined by the presiding Judge or magistrate.

7. Reports

(1)The Registrar or the Magistrates-in-Charge shall prepare quarterly and annual reports on provision of legal aid in the format prescribed in Form 4 set out in the Schedule and submit them to the Chief Registrar.
(2)The Chief Registrar shall compile reports submitted under sub-rule (1) and forward such reports to the Chief Justice.

8. Organizations offering legal aid

The Registrar shall keep and maintain a comprehensive list of advocates and organisations offering legal aid in their respective areas.

Schedule

Forms

[Editorial note: The forms have not been reproduced.]
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History of this document

26 September 2014 this version
Assented to
Commenced