Committal for Sentence

After convicting a person in a subordinate court, the court can, if it considers that the person should receive a sentence greater than it has power to impose, commit a person for sentence.

A primary court can commit a person for sentence to a district court. The district court can commit a person for sentence to the High Court. In making this decision the court must obtain information as to:

(1) the character and antecedents of the person; and

(2) the circumstances of the offence.

The sentencing court “shall inquire into the circumstances of the case and shall deal with the offender in any manner in which he could have been dealt with by [that sentencing court] if he had been convicted by [that sentencing court] of the offence in question.”

All subordinate courts have the power to commit the person to custody or admit them to bail pending confirmation of sentence. (CPA s170 and paragraph 7(3) of the 3rd Schedule to MCA (PCCP)

There is no power under these provisions for the sentencing court to reconsider plea or otherwise the propriety of the conviction. (DPP v Thadei Mlomo and others Cr Appeals 7-15 of 1989, (CA-Mbeya), (1989) (unreported)