2. Criminal / Appeal / Application / Revision / Economic Crimes / Confirmation ============================================================================== 2.1 Presentation of Information, Application and Appeal ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. DPP/Applicant/Appellant presents information/application/appeal at the registry. 2. Court clerk presents the information/application/appeal to Deputy Registrar/ Deputy Registrar in charge. .. note:: Appeal originating from Primary Court * High court registry receives the petition of appeal from the district court. To-Be Process ------------- 1. DPP/Applicant/Appellant submits information/application/appeal at the registry .. note:: Appeal originating from Primary Court * High court registry receives the petition of appeal from the district court. 2.2 Case Admission ~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Deputy Registrar / Deputy Registrar in charge scrutinizes the correctness of the information/application/appeal. 2. Deputy Registrar / Deputy Registrar in charge admits, returns or rejects the information/application/appeal. 3. Deputy Registrar / Deputy Registrar in charge returns the information/application/appeal to court clerk for appropriate actions. To-Be Process ------------- 1. Deputy Registrar / Deputy Registrar in charge scrutinizes the correctness of the information/application/appeal. 2. Deputy Registrar / Deputy Registrar in charge admits, returns or rejects the information/application/appeal. .. note:: * Instant feedback is given to the DPP/Applicant/Appellant in case of rejection or return. 2.3 Case Registration ~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Court clerk registers the admitted information/application/appeal in the high court register. To-Be Process ------------- 1. Deputy Registrar / Deputy Registrar in charge registers the information/application/appeal after admission. .. note:: * Instant feedback is given to the DPP/Applicant/Appellant after admission and registration. 2.4 Case Assignment ~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Judge in charge assigns the case file that was registered to a particular Judge/DR/Resident magistrate with extended jurisdiction. 2. The assigned judge/DR/Resident Magistrate with extended jurisdiction fixes a date for mention/preliminary hearing/hearing. To-Be Process ------------- 1. Automatic assignment based on workload per Judge/DR/Resident magistrate with extended jurisdiction with intervention of the judge in charge. 2. Assigned Judge/DR/Resident magistrate with extended jurisdiction fixes a date for mention/preliminary hearing/hearing. 2.5 Preliminary Stages ~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Court clerk prepares summons to prosecution witnesses. 2. Court Clerk tables the prepared summons for endorsement by the assigned judge/DR/resident magistrate with extended jurisdiction. 3. The summons served to the witnesses. 4. Process server swears an affidavit of service. To-Be Process ------------- 1. Court clerk extracts summons for electronic and physical dispatch. 2. Court clerk extracts case file and prints for physical filing. 2.6 Hearing Process ~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. The court reads the information to the accused to plea. a. If the accused pleads guilty, the case is concluded by sentencing. b. If the accused pleads not guilty, Judge/DR/Magistrate with extended jurisdiction conducts preliminary hearing. 2. Judge/DR/Magistrate with extended jurisdiction hears the prosecution case. 3. Judge/DR/Magistrate with extended jurisdiction issues a ruling of no case to answer after the closure of the prosecution case. 4. Hearing of defense case. 5. Summing up of assessors’ opinions. 6. Prosecutor and defense may file final submissions. 7. Judge/DR/Magistrate with extended jurisdiction fixes a date for judgement. .. note:: Economic Cases 1. Hearing commences when the DPP confers jurisdiction to a court of his choice (Consent). 2. The case processes in criminal litigation apply. To-Be Process ------------- 1. The court reads the information to the accused to plea (through virtual court where applicable). a. If the accused pleads guilty, the case is concluded by sentencing. b. If the accused pleads not guilty, Judge/DR/Magistrate with extended jurisdiction conducts preliminary hearing. 2. Judge/DR/Magistrate with extended jurisdiction hears the prosecution case (through virtual court where applicable). 3. Judge/DR/Magistrate with extended jurisdiction issues a ruling of no case to answer after the closure of the prosecution case (through virtual court where applicable). 4. Hearing of defense case (through virtual court where applicable). 5. Summing up of assessors’ opinions (through virtual court where applicable). 6. Prosecutor and defense may file final submissions (orally through virtual court where applicable) or attach through the system. 7. Judge/DR/Magistrate with extended jurisdiction fixes a date for judgement. .. note:: Economic Cases 1. Hearing commences when the DPP confers jurisdiction to a court of his choice (Consent). 2. The case processes in criminal litigation apply. 2.7 Pronouncement of Judgment ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Judge/DR/Magistrate with extended jurisdiction pronounces judgment. To-Be Process ------------- 1. Judge/DR/Magistrate with extended jurisdiction pronounces judgment (through virtual court where applicable). 2.8 Sentencing ~~~~~~~~~~~~~~ As-Is Process ------------- 1. Judge/DR/Magistrate with extended jurisdiction acquits or convicts the accused. 2. In case of revision, Judge may uphold, reverse a previous decision, or give necessary directives. .. note:: A. Notice of intention to appeal within 30 days from the date of judgement * The convict gives/files his notice of intention to appeal within thirty (30) days from the date of judgement. B. Filing of appeal/application to the court of appeal 1. Appellant/applicant lodges a notice of appeal/application at the High court registry. 2. Court clerk presents notice of appeal/application to Deputy Registrar/ Deputy Registrar in charge of the high court. 3. Registrar of the high court submits notice of appeal/application to the court of appeal registrar. 4. Upon receipts of the registered notice of appeal from the court of appeal, the high court registrar through court clerk prepares records of appeal. 5. Registrar of the high court effects services of the records of appeal to the appellant and respondent. To-Be Process ------------- 1. Judge/DR/Magistrate with extended jurisdiction acquits or convicts the accused (through virtual court where applicable). 2. In case of revision, Judge may uphold, reverse a previous decision, or give necessary directives (through virtual court where applicable). .. note:: A. Notice of intention to appeal within 30 days from the date of judgement * The convict submits his notice of intention to appeal within thirty (30) days from the date of judgement. B. Filing of appeal/application to the court of appeal 1. Appellant/applicant submits a notice of appeal/application at the High court registry. 2. Registrar of the high court submits notice of appeal/application to the court of appeal registrar. 3. Upon receipts of the registered notice of appeal from the court of appeal, the high court registrar of the high court effects services of the records of appeal to the appellant and respondent. 2.9 Drawing of Conviction Order and Supply ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Court clerk prepares a conviction warrant, release order, or order of rearrests. 2. Judge/DR/Magistrate with extended jurisdiction endorses the conviction warrant or release order. 3. Court clerk supplies the above orders to the police or prison officers. 4. Police or prison officer presents the order above to the respective prison custody. 5. In case of a death penalty, the court files a report to the President of the United Republic of Tanzania. To-Be Process ------------- 1. Judge/DR/Magistrate with extended jurisdiction convicts or releases the accused (through virtual court where applicable). 2. Judge/DR/Magistrate with extended jurisdiction delivers conviction warrant to police and prisons for their records. 3. In case of a death penalty, the court submits a report to the President of the United Republic of Tanzania. 2.10 Fines & Other Payments ~~~~~~~~~~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Accountant/court clerk prepares a control number if a Judge/DR/Magistrate with extended jurisdiction orders payment of a fine. 2. Fine is paid through banks or mobile money operators. 3. Payment receipt is submitted to accountant/court clerk who in turn issues an ERV receipt. 4. A copy of ERV or payment receipt is attached to the case file by the court clerk. To-Be Process ------------- 1. Court clerk confirms amount and other payment details. 2. Court clerk presents a control number for respective fine. 2.11 Suo Moto ~~~~~~~~~~~~~ As-Is Process ------------- 1. Judge in charge may on his/her own accord call for lower courts’ records and revise the same. 2. Court clerk opens and registers a revision file. 3. Court clerk tables the revision file before the Judge in charge for orders. 4. Judge in charge gives necessary orders. 5. The original file is returned to the magistrate in charge of the lower courts for execution of the revision orders. To-Be Process ------------- 1. Judge in charge may on his/her own accord view and peruse lower court records for purposes of revision. 2. Judge in charge may request the case file from the lower court for revision purpose. 3. Judge in charge registers a revision file. 4. Judge magistrate in charge gives necessary orders and submits to the intended lower court for execution of orders. 2.12 Trial De Novo ~~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. Judge who hears an appeal may order a case to restart at the lower court. 2. The court clerk remits lower court records to the particular lower court for orders. To-Be Process ------------- 1. Judge orders a case to restart at the lower court (through virtual court where applicable). 2. The judge submits lower court record to the particular lower court for orders. 2.13 Confirmation ~~~~~~~~~~~~~~~~~ As-Is Process ------------- 1. The high court registry receives a confirmation file from the resident magistrate court and or district court. 2. Court clerk tables the confirmation file to the Judge in charge for orders. 3. Judge in charge confirms resident magistrate’s sentence if the sentence was issued by the resident magistrate below the rank of a senior resident magistrate and the sentence exceeds five years. 4. Judge in charge returns the confirmation file to the court clerk for preparation of a covering letter. 5. The confirmation file and covering letter are tabled at DR/DR in charge for endorsement. 6. The DR/DR in charge returns the confirmation file along with a signed covering letter to the court clerk to remit to the respective lower court. To-Be Process ------------- 1. Judge in charge at high court registry receives a confirmation file from the resident magistrate court and or district court. 2. Judge in charge confirms resident magistrate’s sentence if the sentence was issued by the resident magistrate below the rank of a senior resident magistrate and the sentence exceeds five years along with covering letter.