Bail and Circumstances for Its Denial Under Laws of Tanzania.

Bail and Circumstances for Its Denial Under Laws of Tanzania.

Bail is a legal right afforded to accused persons under the principle that one is presumed innocent until proven guilty. In Tanzania, the right to bail is primarily governed by the Criminal Procedure Act, Cap. 20 R.E. 2022. However, this right is not absolute, and the law provides specific circumstances under which bail can be lawfully denied.

Pursuant to section 148(5) of the Criminal Procedure Act [Cap. 20 R.E. 2022], certain offences are explicitly declared non-bailable due to their gravity and threat to public interest. These include: (i) murder; (ii) treason; (iii) armed robbery; (iv) terrorism under the Prevention of Terrorism Act, Cap. 19; (v) offences under the Proceeds of Crime Act involving money laundering contrary to the Anti-Money Laundering Act, Cap. 423; and (vi) trafficking in persons under the Anti-Trafficking in Persons Act, Cap. 432. Courts are therefore barred from granting bail in such cases, and the accused must remain in custody pending the determination of the case.

Moreover, bail can be denied where the offence involves actual money or property whose value exceeds ten million Tanzanian shillings, unless the accused deposits in court cash or property equivalent to at least half of the value and secures the remainder by bond. This exception, however, does not apply to police bail. Where the property to be deposited is immovable, it is sufficient to present the title deed or other evidence acceptable to the court proving ownership.

In addition to statutory restrictions, the court may deny bail based on other factors meant to safeguard the interests of justice and public order. For instance, bail may be refused if the accused:

i. Has previously absconded or violated bail conditions;

ii. Needs to be kept in custody for his own protection or safety; or

iii. Is likely to interfere with witnesses, tamper with evidence, or commit further offences.

When bail is granted, section 148(6) of the Criminal Procedure Act mandates certain conditions to be imposed by the court. These include surrendering of the accused’s passport or travel documents and restriction of movement within their place of residence. Additionally, the court may impose further conditions under section 148(7) such as requiring the accused to report regularly to a police station, avoiding certain places or individuals, or any other condition deemed just and necessary to ensure the accused’s appearance at trial and the integrity of the proceedings.

While bail is a fundamental right under the criminal law, its exercise is regulated to balance individual liberty with public safety and the administration of justice. The framework established under section 148(5) of the Criminal Procedure Act provides clear guidance on non-bailable offences and the rationale for denying bail in deserving circumstances.