Ancillary orders.

Ancillary orders are additional directives or decisions made by a court in conjunction with the primary judgment or ruling in a legal case. These orders are supplemental to the main decision and are intended to address related matters that arise as a result of the main case. Ancillary orders can cover a wide range of issues and are designed to ensure the practical implementation of the court's decision, as well as to provide clarity and resolution to other connected aspects of the case.

Ancillary orders are commonly used to regulate various aspects of a legal matter, such as the allocation of costs, compensation, restitution, forfeiture. These orders can be essential for the comprehensive and effective resolution of legal disputes, as they help define the practical implications and consequences of the court's ruling beyond the primary decision.

Costs. In addition to a primary judgment, the court may order a convicted person to pay the costs of the public or private prosecutor subject to maximum amount stated in statute which is Tshs. 4000 in the High Court and Tshs. 2000 in the subordinate court. (Section 345 of CPA).

Compensation – compensation can be awarded to any person who has suffered personal injury or material loss in consequence of the offence and that substantial compensation would be recoverable in a civil suit. The court can award such compensation (in kind or in money) as it considers “fair and reasonable”. The awarding of damages to victims of a sexual offence is mandatory. Compensation is not permitted for a capital offence. (Section 348-50 of CPA).

Forfeiture and confiscation of any property used (or intended to be used) for the purpose of committing or facilitating the commissioning of an offence. There is a general power under the CPA for all criminal offences. Section 351-2 of the CPA provide general powers to the court on any offence to order forfeiture and confiscation of any property under “his possession or control at the time of his apprehension – (a) has been used for the purpose of committing or facilitating the commission of any offence; or (b) was intended by him to be used for that purpose”. The court may order for the destruction, delivery or sale of that property. 

Forfeiture may also be ordered as per Section 111 of Wildlife Conservation Act, Section 23(3) of Economic and Organized Crime Control Act and Drugs Control Enforcement Act.

Disposal of exhibits not claimed within 12 months (S353(1) CPA). The court may order the sale, destruction or other disposal of exhibits not claimed within 12 months – there is nothing to stop this order being given at sentence and executed 12 months later.

Disposal of articles subject to decay - this power may be used at any time during the court process including after sentence. (S353(2) CPA – may be applied at any time in trial and not simply on conviction. Similar provisions apply for offence specific legislation E.g. wildlife trophies under sections 101 Wildlife Conservation Act 2009).

Power to subject an offender to police supervision from the date of release from prison – this power is available to any offender who has been convicted of an offence which is punishable with a term of three years or more. The length of supervision must not exceed five years from the offenders’ release from prison. The supervision could include a requirement to reside in a specific district; not leave district without written consent; provide details of residence; present himself to officials in the district on request. (S341-43 CPA).

There are many orders specific to certain offences under certain Acts. The most notable include:

• Forfeiture of any property owned by a person convicted of a serious drug offence under the DCEA. (S49 The Drugs Control and Enforcement Act 2015).

• For corruption offences under the PCCA a person convicted of certain corruption offences must, in addition to any sentence (including fine), pay to the government (or to his principal if acting as an agent) the amount or value of any advantage they received from the offence. (See PCCA and provisions for ss15, 16,17 and 18).

• Registration of certain offenders (e.g. persons convicted of wildlife offences). (See sections 119 and 120 Wildlife Conservation Act 2009).