Rutashubanyuma
JF-Expert Member
- Sep 24, 2010
- 219,468
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- #2,121
Ninaamini
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Nolle Prosequi
The Commission has received complaints regarding the use of nolle prosequi, where suspects whose charges were dropped are rearrested and charged with the same offences.
The Commission has found that the power of nolle prosequi does not terminate a case according to the Msekwa Commission’s review of the Judicial System in 1977.
Efforts have been made to prevent the abuse of this power in Tanzania, including recent amendments to the Criminal Procedure Act.
The Commission proposes the following measures:
(i) The nolle prosequi procedure should continue to exist as it plays an important role in safeguarding public interests by allowing the Director of Public Prosecutions to drop cases lacking legal validity.
(ii) Education should be provided to stakeholders in the Criminal Justice System regarding the improvements made to the nolle prosequi system following the recent amendments. This education should emphasize sufficient evidence before filing cases and proceeding with trials.
(iii) If the current amendments fail to address the challenges related to nolle prosequi, further amendments should be considered to require the consent of the court for granting nolle prosequi.
(iv) Judicial officers and prosecutors who fail to comply with Section 91(3) requirements of the Criminal Procedure Act should face disciplinary action from their respective employment authorities. This will ensure adherence to the law and accountability for non-compliance.