Section 99 of the Criminal Procedure Act [Cap. 20 R.E. 2022] of Tanzania outlines rules regarding who may conduct a prosecution in court and how the prosecutor should be identified, especially in summary proceedings.
Subsection (1) allows a magistrate to grant permission for any person to conduct a prosecution in a case. However, as a general rule, only public prosecutors or officers who are officially authorized by the President can conduct prosecutions without needing the magistrate's permission. This ensures that prosecutions are generally handled by qualified or recognized individuals unless the court permits otherwise.
Subsection (2) gives such authorized prosecutors the same power to withdraw from a case as described in section 98 of the Act. That section sets out the procedure for legally discontinuing a prosecution. So, if an authorized person or officer wants to withdraw a case, they must follow the rules provided under section 98.
Subsection (3) clarifies that anyone conducting the prosecution—whether a private person or a public officer—may represent themselves or engage an advocate (lawyer) to do so on their behalf.
Subsection (4) deals specifically with summary trials (simplified and quicker criminal proceedings). It states that if the prosecutor is a private person, their name must be included in the case title as the prosecutor. But if the prosecution is being done by a police officer, it is enough for the prosecutor to be generally identified as "Inspector General of Police" in the title, without naming the individual officer.
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