Tanzanian Prosecutor’s Guidelines on Conducting Searches, Recording Statements, and Seizure of Evidence

In a landmark decision, the National Prosecutions Service (NPS) has issued guidelines for investigating officers on conducting searches, recording statements, and seizure of evidence. These guidelines aim to ensure that investigations are conducted in a fair, transparent, and professional manner.

Searches and Seizure of Evidence

According to the guidelines, when conducting a search:

• At least two investigating officers must be present.
• Only one officer signs the seizure certificate, with other officers signing as witnesses of the search.
• A copy of the seizure certificate and receipt must be issued to the searched person.

The guidelines also emphasize the importance of recording statements from every person who signs the seizure certificate, as well as taking photographs and video recordings of the entire exercise.

Recording Statements

When recording a witness statement:

• The investigating officer must adhere to the provisions of sections 10(3) of the Criminal Procedure Act (CPA) and 34B of the Evidence Act.
• Specific procedures include:
  • Ensuring that the witness makes a declaration at the beginning of the statement, stating that whatever they tell is true to the best of their knowledge.
  • Recording the whole statement in Kiswahili or English language.
  • Presence of an interpreter if the witness speaks another language.
  • The statement must contain necessary particulars such as full name, residential and work address, identification card number, telephone numbers, and email address.
  • Relevant exhibits relating to the witness must be available during the interview.

Interviewing Suspects and Recording Cautioned Statements

When interviewing suspects and recording cautioned statements:

• The whole statement must be recorded in Kiswahili or English language.
• The prescribed cautioned statement sheet must be used.
• The suspect makes a declaration at the beginning of the statement, stating that whatever they tell is true to the best of their knowledge.

Extension of Time for Seizure

In cases where it is necessary to extend the period for which seized items are held:

• The investigating officer must obtain an extension from their supervisor or superior officer.
• The guidelines emphasize the importance of keeping accurate records of all searches, seizures, and extensions of time.

Conclusion

These guidelines are designed to promote professionalism and transparency in investigations. They will help ensure that evidence is collected and recorded in a manner that is fair, reliable, and admissible in court. Failure to comply with these guidelines may result in disciplinary action.