The Role of the Prosecutor in Tanzania

The prosecutor must assist the court and provide all relevant evidence and information to assist the court in making its decision on sentence. He will have access to relevant information in addition to the facts of the case, including previous convictions, breach of any court orders, background of the accused, process of the case, the impact of the offence on the victim and society, time served on remand, etc.

The prosecutor should assist the court on available options for sentence under the law, including any relevant guidance from case law or statute. The prosecution should make applications to the court for any relevant ancillary orders upon sentence, such as compensation, forfeiture and restitution.

In all matters the prosecutor must proceed firmly and fairly. The role of the prosecutor should include the following:

• If there has been a trial the court will know the facts of the case. In a case of a guilty plea the prosecutor will tell the court the facts of the case [see process of plea of guilty] 

• Provide the court with any additional relevant information on the offender: e.g. previous convictions; breach of orders; time served in custody; any early admission or indication of remorse; age (particularly if a juvenile) and other personal circumstances known.

• Provide the court with the impact of the offence upon the victim and wider society. For example, any long term physical damage to the victim or his property. The impact (if any) on his work, business, family relationships or other personal circumstances.

• Provide the court with any details of co-operation with the authorities.

• Outline any minimum or maximum sentences available. Any relevant case law should be provided to the court by the prosecution and copies made available for the accused to consider.

• Remind the court of any powers restricting publication and protecting the identity of witnesses.

• Apply for any relevant ancillary orders including compensation, forfeiture, restitution.